Kenner v. Commonwealth

Summary

The Supreme Court of Virginia affirmed Lenny Rock Kenner’s convictions for animate object sexual penetration, aggravated sexual battery, and custodial sexual abuse. The Court held that titles of child pornography files found on Kenner’s computer were relevant and that their probative value outweighed their prejudicial effect. The Court also held that Kenner’s request to poll the jury on its guilty verdict was untimely because it was made after the guilt phase had concluded and the sentencing phase had begun.

Holdings

1. The titles of the child-pornography files were relevant and admissible because they tended to show Kenner's sexualized conduct or attitude toward the victim and children, his motive or method, and the lascivious intent and knowing and intentional conduct required for custodial sexual abuse. The legitimate probative value outweighed the incidental prejudice.
2. In a bifurcated criminal jury trial, the guilt phase is a separate proceeding that ends when the jury returns its verdict of guilt or innocence. A request to poll the jury regarding the guilty verdict generally comes too late once the punishment phase has begun.

Questions Presented

1. Whether titles of child-pornography files found on Kenner's computer were relevant and admissible other-crimes or bad-acts evidence, and whether their probative value outweighed their prejudicial effect.
2. Whether Kenner's request to poll the jury regarding its guilty verdict was timely when made after the guilt verdict had been announced and the bifurcated sentencing phase had begun.

Disposition

affirmed