Joseph David Martin v. Commonwealth of Kentucky

Summary

The court reversed Martin’s convictions for unlawful transaction with a minor, incest, and use of a minor in a sexual performance because the jury instructions failed to ensure a unanimous verdict when identical instructions covered multiple counts and when broad instructions permitted conviction based on multiple criminal acts. It affirmed the two complicity convictions, finding no reversible error affecting those counts, and held that any retrial must properly address the statutory consecutive-sentence cap and the foundational requirements for using notes to refresh the victim’s memory. Justice Keller, joined by Justice Cunningham, dissented, concluding that the instructional error was not palpable in light of the overwhelming evidence and objecting to the practical burden created by the majority’s rule.