State v. Randy Wright

Summary

The South Carolina Supreme Court affirmed the Court of Appeals' reversal of Randy Wright's conviction for assault and battery of a high and aggravated nature. The court held that when a defendant requests individual jury polling, the trial court must conduct the poll, and denial of that request is reversible per se; the request must be made immediately after the verdict is published or, if collective polling occurs, immediately after that polling concludes.

Holdings

1. If a defendant requests individual polling of the jury, the trial court must conduct the poll, individually questioning each juror about whether the juror assented and still assents to the verdict.
2. Denial of a defendant's request for individual jury polling is reversible per se.

Questions Presented

1. Whether a trial court must conduct an individual poll of the jury when a defendant requests one after the verdict is published.
2. Whether denial of a defendant's request for individual jury polling is reversible per se.
3. When a request for individual jury polling must be made.
4. Whether trial counsel has an affirmative duty to request that the jury be polled.

Disposition

affirmed