Kelly v. Commonwealth

The Supreme Court affirmed Defendant’s convictions and sentences for first-degree rape, incest, and first-degree sexual abuse but vacated his conviction for second-degree fleeing or evading and the portion of the trial court’s judgment imposing a fine, holding (1) the Commonwealth erred in failing to re-present the case to the grand jury after the indictment against Defendant was dismissed, but Defendant’s due process rights were not violated; (2) the Commonwealth concedes that there was insufficient evidence for Defendant’s conviction of second-degree fleeing or evading; (3) the trial court did not err in failing to grant a mistrial after the victim testified to evidence that had been excluded by the trial court; (4) Defendant’s verdicts for rape, incest, and sexual abuse were unanimous; and (5) the Commonwealth concedes that the trial court erred in imposing a fine on an indigent defendant. View "Kelly v. Commonwealth" on Justia Law