Eversole v. Commonwealth
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The Supreme Court reversed Defendant's convictions for first-degree fleeing or evading, first-degree wanton endangerment, reckless driving, and being a first-degree persistent felony offender, holding that the trial court erred by depriving Defendant of the right to be represented during a critical stage of the trial.
On appeal, Defendant argued, among other things, that he was denied representation at a critical stage of his trial through the trial court's ex parte discussion with a juror who had been offered a bribe. The trial court's interview with the juror was conducted outside of Defendant's presence. The Supreme Court reversed Defendant's convictions, vacated the sentences, and remanded this matter to the trial court for further proceedings, holding that the trial court's failure to take action to include counsel during the bench conference and the failure to admonish the juror to disregard her encounter and not to discuss the attempted bribe with fellow jurors violated Defendant's right to a fair trial as guaranteed by his rights to representation and right to be present at all critical stages of trial.
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