Futrell v. Commonwealth
Annotate this CaseIn a joint trial, Defendants Jared Futrell and Kayla Lord were each convicted of wanton murder for having participated in the killing of Lord’s seventeen-month-old son. The Supreme Court reversed, holding (1) in both cases, the trial court abused its discretion by refusing to remove two unqualified jurors for cause, and in accord with Gabbard v. Commonwealth, at least one of the trial court’s two erroneous failures to remove for cause was prejudicial; (2) the jury instructions raised certain unanimous verdict concerns; (3) the trial court erred by allowing Defendants too few peremptory juror challenges; and (4) the trial court erred by disallowing diversion-agreement impeachment cross-examination. Remanded for further proceedings.
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