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RENDERED:  JANUARY 11, 2013; 10:00 A.M.
NOT TO BE PUBLISHED

Commonwealth of Kentucky
Court of Appeals

NO. 2011-CA-000738-MR
COMMONWEALTH OF KENTUCKY APPELLANT
APPEAL FROM CHRISTIAN CIRCUIT COURT
v. HONORABLE ANDREW SELF, JUDGE ACTION NO. 10-CR-00163
ANTWAN D. ROUSE APPELLEE
OPINION REVERSING AND REMANDING ** ** ** ** ** BEFORE: ACREE, CHIEF JUDGE; NICKELL AND STUMBO, JUDGES. STUMBO, JUDGE:  The Commonwealth of Kentucky is appealing the granting of a new trial after a jury verdict of guilt.  The Commonwealth argues that it was improper for the trial court to grant a new trial based on information provided by members of the jury.  We reverse and remand for a hearing before the trial court.
On February 16, 2010, Antwan Rouse was involved in a motor

vehicle accident resulting in the death of Joshua Rogers.  Officers at the scene believed Rouse might have been under the influence of alcohol or a controlled substance.  He was arrested for DUI.
Rouse was indicted for murder, operating a motor vehicle under the influence of alcohol, and a sundry of other offenses.  At trial, evidence was presented that at the time of the accident, Rouse

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Kentucky Law