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CROSSLAND v. COM.

No. 2007-SC-000689-MR.

291 S.W.3d 223 (2009)

Mark Lee CROSSLAND, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

August 27, 2009.

Attorney(s) appearing for the Case

Julia Karol Pearson, Department of Public Advocacy, Frankfort, KY, Counsel for Appellant.

Jack Conway, Attorney General of Kentucky, Jason Bradley Moore, Assistant Attorney General, Office of Criminal Appeals, Attorney General's Office, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Chief Justice MINTON.

I. INTRODUCTION.

Shortly after submitting this case to the jury, the trial court excused one of the jurors and replaced him with a discharged alternate juror, who was apparently located and returned to the courthouse. Such a post-submission substitution of jurors is reversible error under current Kentucky precedent if the error is preserved.1 By contrast, we held in an unpublished...

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