Justia Kentucky Supreme Court Opinion Summaries

The appellant was convicted of murder, abuse of a corpse, and being a first-degree persistent felony offender, resulting in a fifty-year prison sentence. The case involved the death of Amanda Berry, who had moved in with the appellant after meeting him through a pen pal program while she was incarcerated. Amanda struggled with substance use disorder and was living in a dilapidated house with the appellant. Neighbors testified about the couple's tumultuous relationship, frequent arguments, and instances of physical abuse by the appellant. Amanda was last seen in January 2020, and her body was found weeks later in the basement of the house she shared with the appellant.The Jefferson Circuit Court handled the initial trial. The appellant was absent from the trial and sentencing phases, having refused to attend despite being informed of his right to be present and the consequences of his absence. The trial court proceeded in his absence, finding that he had waived his right to be present. The appellant's defense included arguments that there was no direct evidence linking him to the murder and that the body found was not definitively identified as Amanda's. The jury found him guilty, and he was sentenced accordingly.The Supreme Court of Kentucky reviewed the case. The court affirmed the lower court's decision, holding that the appellant had waived his right to be present at trial through his conduct. The court also found no error in the trial court's denial of the appellant's motions for a mistrial and directed verdict, the admission of prior bad acts evidence, and hearsay statements under the state of mind exception. The court concluded that no cumulative error occurred, and the appellant's conviction and sentence were upheld. View "SLOSS V. COMMONWEALTH OF KENTUCKY" on Justia Law

On December 5, 2020, Covington Police Officer Kevin Igo received a letter alleging that Scott Bitter, a convicted felon, was involved in drug trafficking and had assaulted someone. Officer Igo and other officers went to Bitter's residence to investigate. They conducted a "knock and talk" without announcing themselves as police officers. When Bitter's companion, Susan Hornsby, opened the door, Officer Igo observed drug paraphernalia in plain view, including a scale, baggies, and pills. The officers then conducted a protective sweep of the apartment and later obtained a search warrant, which led to the discovery of drugs and a firearm.The Kenton Circuit Court denied Bitter's motion to suppress the evidence, which argued that the initial entry and subsequent search were unconstitutional. The court found that the officers' actions were lawful, as the drug paraphernalia was in plain view and the protective sweep was justified for officer safety. Bitter was convicted by a jury of two counts of trafficking in controlled substances and being a persistent felony offender, and he was sentenced to twenty years in prison.The Supreme Court of Kentucky reviewed the case and affirmed the lower court's decision. The court held that the trial court's findings were supported by substantial evidence and were not clearly erroneous. The court concluded that Officer Igo's observation of the drug paraphernalia from the doorway was lawful and that the protective sweep was reasonable under the circumstances. The search warrant obtained based on these observations was valid, and the evidence collected was admissible. The court affirmed Bitter's conviction and sentence. View "BITTER V. COMMONWEALTH OF KENTUCKY" on Justia Law

Darrie Rushin was indicted on multiple charges, including first-degree burglary and first-degree sodomy. He pled guilty to amended charges and was sentenced to seven years in prison, followed by a five-year period of postincarceration supervision. After completing his initial sentence, Rushin was released but later reincarcerated for violating the terms of his supervision.Rushin requested the Department of Corrections (DOC) to review his sentence calculation, arguing he was wrongfully denied sentence credits that would reduce his reincarceration period. The DOC denied his request, and his subsequent administrative appeal was also denied. Rushin then filed a motion in his underlying criminal case seeking declaratory and injunctive relief. The trial court dismissed his claim on separation-of-powers grounds. On appeal, the Court of Appeals concluded the trial court improperly dismissed the petition but affirmed on other grounds, holding Rushin was not entitled to relief as a matter of law.The Supreme Court of Kentucky reviewed the case and held that inmates reincarcerated for violating postincarceration supervision terms are entitled to earn statutory sentence credits under KRS 197.045 during their reincarceration. The court reasoned that the initial term of imprisonment and the subsequent period of postincarceration supervision are parts of a single sentence. The court emphasized that statutory sentence credits apply to all inmates unless explicitly excluded by statute. Consequently, the decision of the Court of Appeals was reversed. View "RUSHIN V. COMMONWEALTH OF KENTUCKY" on Justia Law

Dennis Keith Sims was convicted by a Casey County jury of two counts of first-degree sexual abuse involving his granddaughters, nine-year-old D.C. and seven-year-old Z.C. The incidents occurred while the girls stayed with Sims during their mother’s illness. Upon their return, D.C. exhibited behavioral changes and later disclosed inappropriate touching by Sims. Both girls provided testimony, with D.C. detailing multiple instances of abuse and Z.C. confirming inappropriate touching.The Casey Circuit Court sentenced Sims to twenty years in prison, following the jury's recommendation. Sims appealed, raising several issues. He argued that the trial court erred by not administering an oath to the prospective jurors before voir dire, violating his Sixth Amendment rights by allowing the girls to testify outside his presence, and admitting late-disclosed evidence. He also contended that the court improperly excluded certain testimony and that there was insufficient evidence to convict him regarding Z.C.The Supreme Court of Kentucky reviewed the case and affirmed the lower court's decisions. The court found no error in the trial court's failure to administer an oath to the venire, as no rule required it. The court also upheld the decision to allow the girls to testify outside Sims’s presence, citing sufficient evidence of their emotional distress. The court ruled that Sims was not deprived of effective counsel despite being separated from his attorney during the girls' testimony, as he had opportunities to consult with his lawyer. The court found no abuse of discretion in admitting the late-disclosed evidence and excluding hearsay testimony. Finally, the court held that there was sufficient evidence to support the conviction related to Z.C., given the testimonies and Sims’s own statements. View "SIMS V. COMMONWEALTH OF KENTUCKY" on Justia Law

The case involves Daquan N. Lampkins, who was convicted of two counts of murder, possession of a handgun by a convicted felon, and violation of a protective order. Lampkins had a tumultuous relationship with Delivia Carron, who he had assaulted multiple times. Carron obtained an emergency protective order against Lampkins, which he violated. On April 13, 2017, Lampkins shot Carron and her new boyfriend, Ricky Jones, resulting in their deaths.The case was tried in the Jefferson Circuit Court, where Lampkins was convicted and sentenced to life imprisonment without the possibility of parole. Lampkins appealed his conviction, arguing that the trial court erred in several ways, including excluding the victims’ toxicology reports, failing to strike two jurors for cause, improperly admitting evidence of prior bad acts, and permitting the Commonwealth to dramatize one of the murders.The Supreme Court of Kentucky reviewed the case and affirmed the lower court's decision. The court found no reversible error in the trial court's decisions. It held that the trial court properly excluded the victims’ toxicology reports, did not err in failing to strike two jurors for cause, and correctly admitted evidence of prior bad acts. The court also found that while the trial court erred in allowing the Commonwealth to dramatize one of the murders, this error was harmless and did not substantially influence the outcome of the case. View "Lampkins v. Commonwealth" on Justia Law

The case involves John Ellis, who was convicted of first-degree rape, second-degree burglary, and kidnapping, and sentenced to fifty years in prison. Ellis appealed his conviction, arguing that the trial court erred in not suppressing his incriminating statements. He claimed that these statements were made during a custodial interrogation without proper Miranda warnings, and that his girlfriend, to whom he made the statements, was acting as an agent of the state.The Simpson Circuit Court had allowed the statements Ellis made to his girlfriend when they were alone, but suppressed those statements made when a police officer was in the room with them. The court held that Ellis' girlfriend was not an agent of the Commonwealth when she was brought into the interview room and allowed to converse with Ellis because there was no agreement between her and the troopers that she would help them.The Supreme Court of Kentucky reversed the lower court's decision, agreeing with Ellis that he was in custody and not properly informed of his rights according to Miranda. The court also held that the police failed to adhere to Ellis' invocation of counsel. The court found that the admission of Ellis' statements was not harmless beyond a reasonable doubt, given the circumstantial nature of the case against him and the lack of physical proof presented at trial. Therefore, the court reversed Ellis' convictions and remanded the case to the Simpson Circuit Court for further proceedings. View "Ellis v. Commonwealth" on Justia Law

The case involves Billy Jo Faughn, who was convicted of wanton murder and operating a motor vehicle under the influence of methamphetamine, resulting in a fatal accident. Faughn had left a funeral and visited the home of a known methamphetamine dealer before the accident. An eyewitness saw Faughn driving erratically and at high speed before his vehicle left the road, traveled through a yard, and struck Sarah Barrow, who was tending to her flowers. Barrow died from her injuries. A blood test revealed methamphetamine in Faughn's system. Faughn was sentenced to life imprisonment.Faughn appealed his conviction, raising four claims of error. He argued that the trial court erred by allowing some of the Commonwealth’s witnesses to testify via Zoom, which he claimed violated his right to confront the witnesses. He also claimed prosecutorial misconduct, and argued that the court erred by admitting only a portion of a bodycam video. Lastly, he argued that the cumulative effect of these errors entitled him to a new trial.The Supreme Court of Kentucky affirmed the judgment of the Todd Circuit Court. The court found that while the trial court erred in allowing remote testimony, this error was harmless beyond a reasonable doubt given the overwhelming evidence against Faughn. The court also found no prosecutorial misconduct and ruled that the admission of the bodycam video was also harmless error. The court concluded that the cumulative effect of these errors did not render Faughn’s trial fundamentally unfair. View "Faughn v. Commonwealth" on Justia Law

In 1998, Robert Keith Woodall was sentenced to death for the kidnapping, rape, and murder of a teenage girl. In 2015, Woodall filed a Motion to Vacate the Death Sentence Due to Intellectual Disability, arguing that he is intellectually disabled and thus the imposition of the death penalty would violate his constitutional rights. The trial court denied his motion without a hearing. On appeal, the Supreme Court of Kentucky reversed and remanded the case for an evidentiary hearing.On remand, the trial court held an evidentiary hearing and again denied Woodall’s motion. The court found that Woodall had not proven by the preponderance of the evidence that he is intellectually disabled. Woodall appealed this decision to the Supreme Court of Kentucky.The Supreme Court of Kentucky affirmed the decision of the trial court. The court found that the trial court's factual findings were supported by substantial evidence and that Woodall had not proven that he is intellectually disabled by a preponderance of the evidence. The court also rejected Woodall's arguments that the trial court violated his due process rights and Confrontation Clause rights by admitting and relying on a report without requiring the report's author to testify at the hearing. View "WOODALL V. COMMONWEALTH OF KENTUCKY" on Justia Law

Ricky Ullman was convicted on three counts of distribution of a matter portraying a sexual performance by a minor and of being a second-degree persistent felony offender. He was sentenced to twelve years, probated for five years, with several conditions including completion of a community-based sex offender treatment program (SOTP). The court later revoked his probation due to his failure to complete the SOTP, among other violations. Nearly two years after his probation was revoked, Ullman filed a motion challenging the revocation order, arguing that he could not be legally required to complete the SOTP. The circuit court granted him relief and vacated its revocation order, a decision affirmed by the Court of Appeals.The Supreme Court of Kentucky reversed the lower courts' decisions, holding that Ullman’s challenge to the condition that he complete the SOTP was untimely and reinstated the circuit court’s revocation order. The court also held that a sentencing court may impose SOTP as a condition of probation for defendants who have not been convicted of a “sex crime” as defined by KRS 17.500. The court declined to address Ullman’s argument that the circuit court’s revocation order failed to comply with KRS 439.3106, as it was not properly preserved for review. However, the court agreed to remand the case for consideration of Ullman’s claim of ineffective assistance of counsel. View "COMMONWEALTH OF KENTUCKY V. ULLMAN" on Justia Law

The case involves Demetrius Roberson, who was convicted by a Logan County jury for murder, first-degree robbery, nine counts of first-degree wanton endangerment, and attempted murder. The case arose from an incident where two men, one of whom was identified as Roberson, entered an apartment and fired shots, killing Lexus Bell and endangering several others present. The prosecution's theory was that Roberson and another individual, Reba Kirk, planned to rob the apartment as a form of retaliation against Bell's boyfriend, who had allegedly stolen from Kirk's drug dealing business. Roberson was sentenced to life without parole for twenty-five years.Roberson appealed his conviction to the Supreme Court of Kentucky, raising several issues. He argued that the trial court erred in excluding evidence that another man admitted to the shooting, in admitting deposition testimony of a deceased witness, in excluding testimony regarding why he broke up with his child’s mother, in allowing the prosecution to accuse his mother of lying and committing perjury, in excluding evidence that his family attempted to provide police with exculpatory evidence, in failing to sequester the jury during its guilt phase deliberations, in allowing the jury to review only a portion of a witness’s testimony, and in imposing the longer of two inconsistent sentences recommended by the jury.The Supreme Court of Kentucky affirmed the judgment of the Logan Circuit Court, finding no reversible error in the trial court's rulings and actions. The court held that the trial court did not abuse its discretion in its evidentiary rulings, that the jury was properly instructed, and that the sentence imposed was within the trial court's discretion. View "ROBERSON V. COMMONWEALTH OF KENTUCKY" on Justia Law