Justia Kentucky Supreme Court Opinion Summaries

The Supreme Court affirmed Defendant's conviction of twelve counts of possession of matter portraying a sexual performance by a minor and other sex-related offenses and his total sentence of seventy years in prison, holding that Defendant was not entitled to relief on his allegations of error.Specifically, the Supreme Court held (1) the trial court did not err by denying Defendant's motion to suppress evidence obtained from the seizure of his cellphone and password because Defendant voluntary consented to the search; and (2) the trial court did not erroneously instruct the jury as to the effect of Ky. Rev. Stat. 532.110(1)(d) on the jury's discretion to recommend consecutive and concurrent sentences. View "Payne v. Commonwealth" on Justia Law

The Supreme Court reversed Defendant's conviction of two counts of first-degree rape and two counts of first-degree sexual abuse and his sentence of thirty years' imprisonment, holding that the trial court erred in permitting the Commonwealth to present victim impact testimony during the guilt phase of Defendant's trial, and the error affected Defendant's substantial rights.Specifically, the Supreme Court held that the admission of testimony about how the alleged sexual assaults affected the victims in the merits phase constituted impermissible victim impact testimony, and this error impacted Defendant's substantial rights, requiring remand for a new trial. View "Alderson v. Commonwealth" on Justia Law

The Supreme Court affirmed the judgment of the circuit court convicting Defendant, following a jury trial, of complicity to attempted murder, complicity to second-degree assault, and tampering with physical evidence and his sentence of twenty years' imprisonment, holding that there was no reversible error in the proceedings below.Specifically, the Supreme Court held (1) Defendant was not entitled to a directed verdict on the complicity to attempted murder charge, the complicity to second-degree assault charge, or the tampering with physical evidence charge; (2) the trial court properly denied a mistrial; (3) Defendant was not entitled to a jury instruction on menacing; and (4) the trial court properly excluded irrelevant evidence during the penalty phase. View "Stieritz v. Commonwealth" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the trial court convicting Defendant of theft by unlawful tasking, burglary in the third degree, and being a persistent felony offender in the first degree, and imposing a total sentence of twenty years in prison, holding that the trial court erred in part.The Supreme Court vacated the conviction as a persistent felony offender and remanded this action, holding (1) the instructions given in this case were erroneous because it could not be determined whether the jurors were unanimous in concluding that Defendant committed a single act satisfying the instruction, but the error was not palpable; (2) there was palpable error in Defendant's conviction as a persistent felony offender; and (3) Defendant's motion for directed verdict was properly denied. View "Johnson v. Commonwealth" on Justia Law

The Supreme Court affirmed in part and reversed in part the opinion of the court of appeals affirming Defendant's conviction for possession of heroin, holding that the court of appeals erred by affirming the trial court's admission of certain evidence and by affirming the trial court's decision allowing a certain witness to testify.Here, the Supreme Court adopted the reasonable test for determining whether the warrantless search of a parolee's vehicle is constitutionally permissible under the Fourth Amendment, as announced in Samson v. California, 547 U.S. 843 (2006), and overruled its decision in Bratcher v. Commonwealth, 424 S.W.3d 411 (Ky. 2014) to the extent it held that the conditions of parole imposed by state law are immaterial to the Fourth Amendment analysis. The Court also held that the court of appeals (1) did not err in affirming the trial court's denial of Defendant's motion to suppress evidence obtained from a warrantless search of his truck; (2) erred by affirming the trial court's admission of evidence of methamphetamine for which Defendant had been acquitted and evidence of marijuana for which he had been found guilty; and (3) erred in affirming the trial court's decision to allow a witness to testify regarding events he did not perceive in real-time. View "Gasaway v. Commonwealth" on Justia Law

The Supreme Court affirmed the judgment of the circuit court convicting Defendant of two counts of trafficking in a controlled substance in the first degree, second or greater offense and its sentence of twenty-seven years in prison, holding that any error was harmless beyond a reasonable doubt.On appeal, Defendant argued that the trial court violated his constitutional right to confront witnesses against him by permitting three witnesses to testify via Zoom and erred by permitting the Commonwealth to join three indictments for trial. The Supreme Court disagreed and affirmed, holding that the trial court (1) did not err when it joined the three indictments for trial; and (2) erred when it permitted three witnesses to testify remotely, but the error was harmless beyond a reasonable doubt. View "Spalding v. Commonwealth" on Justia Law

The Supreme Court reversed the judgment of the court of appeals concluding that the trial court acted within its discretion in excluding evidence of a guardianship order in a prior criminal prosecution against Defendant for custodial interference and other related charges, holding that the trial court abused its discretion by failing to apply the proper Ky. R. Evid. 403 analysis.Defendant allegedly broke into a residence where her child lived with the child's father and his girlfriend, assaulted the girlfriend, and fled with the child. Defendant filed a motion in limine to exclude any reference to the guardianship order at issue, asserting that it would be unduly prejudicial. The trial court granted Defendant's motion and excluded the guardianship order. The court of appeals affirmed. The Supreme Court reversed and remanded the case for further proceedings, holding that the trial court erred in determining that evidence in the guardianship order would unduly prejudice Defendant by confusing the jury and that the guardianship evidence was vital to the Commonwealth's case. View "Commonwealth v. Melton" on Justia Law

The Supreme Court affirmed Defendant's convictions for one count of first-degree rape and four counts of first-degree sexual abuse but vacated the trial court's judgment sentencing Defendant to an aggregate sentence of life plus twenty years, holding that Defendant's sentence was unlawful.During sentencing, the jury recommended a sentence of life on the rape conviction and five years on each of the sexual abuse charge running consecutively. The trial court sentenced Defendant in accordance with the jury's recommendation. The Supreme Court affirmed in part and vacated in part, holding (1) there was no error in the trial court's denial of Defendant's motion to suppress; (2) the trial court did not err in admitting other bad acts evidence pursuant to Ky. R. Evid. 404(b); and (3) the sentence of life plus twenty years was unlawful under this Court's holding in Bedell v. Commonwealth, 870 S.W.2d 779 (Ky. 1993). View "Hernandez v. Commonwealth" on Justia Law

The Supreme Court affirmed the judgment of the circuit court convicting Defendant of one count each of murder, receiving stolen property - firearm, and tampering with physical evidence, holding that Appellant was not entitled to relief on her claims of error.Specifically, the Supreme Court held (1) the trial court did not err in admitting testimony that Appellant did not act consistently with someone who truly acted in self-defense; (2) the trial court did not err in denying Appellant's motions for a directed verdict on the murder and tampering with physical evidence charges; (3) the trial court did not err in admitting testimony that Appellant was potentially affiliated with a gang; (4) the Commonwealth's attorney did not commit prosecutorial misconduct; and (5) there was no cumulative error. View "Leavell v. Commonwealth" on Justia Law

The Supreme Court affirmed in part and vacated in part the judgment of the circuit court convicting Defendant of shoplifting and other charges and sentencing him to forty years in prison consistent with the jury's recommendation, holding that Defendant's sentence violated the aggregate cap on sentences prescribed by Ky. Rev. Stat. 532.110(1)(c).Six months after Defendant was charged for shoplifting from a Walmart he shoplifted from Rural King. Prior to these shoplifting incidents, both stores gave Defendants notice prohibiting him from being present on the premises. Defendant was convicted of two counts of third-degree burglary, two counts of theft by unlawful taking and being a first-degree persistent felony offender. The Supreme Court vacated the judgment in part, holding (1) the trial court erred when it ordered Defendant to serve a sentence that exceeded the maximum aggregate cap delineated in section 532.110(1)(c); (2) the trial court did not err in permitting introduction of evidence of prior instances of shoplifting; and (3) the trial court did not err in permitting the Commonwealth to elicit narration from a certain witness during a video taken by Walmart during trial. View "Kimmel v. Commonwealth" on Justia Law