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COM. v. ABNEE

No. 2011-SC-000507-DG.

375 S.W.3d 49 (2012)

COMMONWEALTH of Kentucky, Appellant v. Joshua ABNEE, Appellee.

Supreme Court of Kentucky.

August 23, 2012.

Attorney(s) appearing for the Case

Jack Conway , Attorney General, Bryan Darwin Morrow , Office of the Attorney General, Frankfort, KY, Counsel for Appellant.

Roy Alyette Durham, II , Assistant Public Advocate, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice VENTERS.

Several weeks after Appellee Joshua R. Abnee was convicted of first-degree sodomy he moved for a new trial based upon an unsworn, unauthenticated note purportedly written by a member of the jury panel that convicted him. The note stated that the jury had been influenced by information not presented in evidence and that the writer had been pressured into voting to convict. The trial court denied the motion for a new trial. The...

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