Frederick Miller, Appellant v. Commonwealth of Kentucky, Appellee

Summary

The court reversed Miller's convictions and the related persistent-felony-offender enhancement because the jury instructions for multiple rape and sodomy counts did not factually distinguish the separate alleged offenses, creating palpable and prejudicial error that undermined unanimity and meaningful appellate review. The court rejected Miller's challenges to the sufficiency of the evidence, the requested attempted-sodomy instruction, speedy-trial rights, the PFO charge, and the penalty-phase closing argument. Justice Cunningham, joined by Justice Schroder, concurred only in the result and would have remanded without addressing the sufficiency of the evidence.