Randolph v. Com., s. 85-SC-1033-M

Decision Date25 September 1986
Docket Number86-SC-240-TRG,Nos. 85-SC-1033-M,s. 85-SC-1033-M
Citation716 S.W.2d 253
PartiesRick RANDOLPH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.
CourtUnited States State Supreme Court — District of Kentucky

R.B. Bertram, Bertram and Germain, John Paul Jones II, Frazer and Jones, Monticello, for appellant.

David L. Armstrong, Atty. Gen., Elizabeth A. Myerscough, Asst. Atty. Gen., Frankfort, for appellee.

WINTERSHEIMER, Justice.

This appeal is from a judgment based on a jury verdict which convicted Randolph of murder and sentenced him to twenty years in prison.

The principal question is whether Randolph received a fair trial because of the failure of a juror to reveal on voir dire the fact that she was employed by the Commonwealth's Attorney.

Other issues presented involve the instructions on second-degree manslaughter and reckless homicide; the prosecutor's closing argument; the voluntariness of the confession; the introduction of the written confession into evidence and the passing of it to the jury for viewing; the refusal of the trial court to allow cross-examination of a prosecution witness as to the voluntariness of the confession; the trial court's comments about failure of the witness to speak up and the matter of allegedly newly discovered evidence presented in the companion case.

Approximately a week before Randolph shot Castlin, he and a friend allegedly confronted Randolph and threatened to kill him or a member of his family if he did not return certain stolen items.

On January 18, 1985, Randolph visited Castlin at his trailer to discuss the alleged burglary. Randolph carried a .22 caliber pistol in his coveralls. Both had been drinking. Randolph testified he told Castlin that he would seek a warrant to keep him away from his family. Randolph said that Castlin became enraged and threatened to kill him. Randolph said he ran outside the trailer with Castlin chasing him and he pulled his pistol from his pocket. He claims that Castlin kept approaching him so he fired. A scuffle followed and Randolph says that they were both reaching for the pistol when a third person carrying a shotgun approached and shot Castlin, but he refused to name this person. Randolph testified that he then requested a neighbor to call police because he had killed Castlin.

Randolph's confession, given approximately four hours after the shooting, makes no mention of a third party killing the victim. Instead, he confessed that when he went to the trailer, he also carried a shotgun which he had left outside in a ditch. The trial confession states that he picked up the shotgun and fired it after Castlin chased him out of the trailer.

The prosecution's proof indicated that after the shooting, Randolph went to the home of Carmel Connor and told them he had shot Castlin. He also told the Sheriff that he killed him. On his trip to the jail, he stated to a deputy sheriff that he killed him and that he would do it again. Following his conviction, this appeal was instituted.

The judgment of conviction is reversed and this matter is remanded for a new trial.

The failure of juror Miller to reveal on voir dire examination that she was employed by the Commonwealth's Attorney was implied bias. There was reasonable grounds to believe that she could not render a fair and impartial verdict. Therefore Randolph is entitled to a new trial.

There is no doubt that the jurors, including juror Miller were asked about their relationship with the Commonwealth's Attorney.

The trial judge asked all the jurors as follows: " ... your relationship to the parties that are involved, and your connection with any of the attorneys and things of this sort."

In regard to the Commonwealth's Attorney the specific questions were asked:

Does anyone have any association with those gentlemen, to the extent that you feel it would be embarrassing to you to sit on the jury and to return a verdict against what you may perceive as your interests in this case? I take it from your silence that you do not...."

Juror Miller remained silent and did not inform the court of the fact that she was an employee of the Commonwealth's Attorney. The qualifying phrase "to the extent that you feel it would be embarrassing to sit on the jury," does not cure the bias.

On the second day of trial, counsel for Randolph moved the court in chambers for a mistrial because of the fact that he had discovered that during the immediate preceding recess that juror Miller was in fact an employee of the Commonwealth's Attorney.

A potential juror may be disqualified from service because of connection to the case, parties or attorneys and that is a bias that will be implied as a matter of law. The trial court must determine the existence of bias based on the particular facts of each case. Tayloe v. Commonwealth, Ky. 335 S.W.2d 556 (1960).

Even where jurors disclaim any bias and state that they can give the defendant a fair trial, conditions may be such that their connection would probably subconsciously affect their decision in the case. It is always vital to the defendant in a criminal prosecution that doubt of unfairness be resolved in his favor.

A conviction may be set aside and a new trial granted where one...

To continue reading

Request your trial
28 cases
  • Morgan v. Com., 2003-SC-0489-MR.
    • United States
    • United States State Supreme Court — District of Kentucky
    • 19 Enero 2006
    ...infringed only if an unqualified juror participates in the decision. Rigsby v. Commonwealth, 495 S.W.2d 795 (Ky.1973); Randolph v. Commonwealth, 716 S.W.2d 253 (Ky. 1986); Sanborn v. Commonwealth, 754 S.W.2d 534 (Ky.1988). As long as the jury that actually hears and decides the case is impa......
  • Morgan v. Commonwealth, No. 2003-SC-0489-MR (Ky. 5/18/2006), 2003-SC-0489-MR.
    • United States
    • United States State Supreme Court — District of Kentucky
    • 18 Mayo 2006
    ...only if an unqualified juror participates in the decision. Rigsby v. Commonwealth, 495 S.W.2d 795 (Ky. 1973); Randolph v. Commonwealth, 716 S.W.2d 253 (Ky. 1986); Sanborn v. Commonwealth, 754 S.W.3d 534 (Ky. 1988). As long as the jury that actually hears and decides the case is impartial, t......
  • Sanders v. Com.
    • United States
    • United States State Supreme Court — District of Kentucky
    • 27 Septiembre 1990
    ...tried by an impartial jury is infringed if and only if an unqualified juror participates in the decision of the case. Randolph v. Commonwealth, Ky., 716 S.W.2d 253 (1986); Sanborn v. Commonwealth, Ky., 754 S.W.2d 534 (1988); Ross v. Oklahoma, 487 U.S. 81, 108 S.Ct. 2273, 101 L.Ed.2d 80 (198......
  • State v. Smith
    • United States
    • Wisconsin Supreme Court
    • 27 Junio 2006
    ...(deputy prosecuting attorney impliedly biased because he was employee and subordinate of prosecuting attorney); Randolph v. Commonwealth, 716 S.W.2d 253, 255 (Ky. 1986) (secretary for prosecuting attorney impliedly biased as a matter of law and therefore must be struck for cause), overruled......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT