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NUNLEY v. COM.

No. 2011-SC-000331-MR.

393 S.W.3d 9 (2013)

Charles W. NUNLEY, II, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

March 21, 2013.

Attorney(s) appearing for the Case

Emily Holt Rhorer , Department of Public Advocacy, Assistant Public Advocate, Frankfort, KY, Counsel for Appellant.

Jack Conway , Attorney General, Courtney J. Hightower , Jason Bradley Moore , Assistant Attorney General, Office of the Attorney General, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice NOBLE.

The Appellant, Charles W. Nunley, II, was convicted of three counts of sodomy against his step-daughter. On appeal, he claims that he was entitled to a mistrial for an alleged Brady violation and that the trial court erred in excusing a juror. Finding no error, this Court affirms his convictions.

I. Background

The victim in this case, whom this Court will refer to as "Sally,"1

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