Rodriguez v. Commonwealth
Annotate this CaseAfter a jury trial, Appellant was convicted of Class A felony incest and sentenced to thirty years' imprisonment. Appellant appealed, alleging, among other claims of error, that the trial court issued erroneous jury instructions that denied him a unanimous verdict, and that retrial of the incest charge would violate his rights guaranteed by the Double Jeopardy Clause. The Supreme Court reversed Appellant's conviction, holding (1) Appellant was denied his right to a unanimous verdict due to the instruction given to the jury on Defendant's incest charge; and (2) because the jury's conviction of Appellant did not operate as an implied acquittal for Class A felony incest, Appellant's retrial for Class A felony incest was not proscribed by the Fifth Amendment's Double Jeopardy Clause. Remanded.
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