Justia Kentucky Supreme Court Opinion Summaries

Appellant Michael Dunn was convicted of five counts of first-degree sodomy. The Supreme Court affirmed Appellant's convictions, holding (1) the trial court did not err when it refused to suppress the condom seized from Appellant's property during a search by law enforcement officers, and the court properly admitted the condom into evidence; (2) the trial judge did not err by not granting Appellant's motion for a bill of particulars, and Appellant was not denied proper notice by the offenses listed in the indictment; (3) the trial judge properly denied Appellant's motion asking the court to allow evidence of the victim's previous sexual behavior; (4) the trial judge did not err in finding certain portions of the victim's psychotherapy records were not exculpatory and in declining to provide the documents to the parties; (5) the trial court did not err by not granting Appellant's motion for a change of venue; and (6) the trial judge did not abuse his discretion in not excusing two jurors whose family members were victims of sexual abuse. View "Dunn v. Commonwealth " on Justia Law

After a jury trial, Bradley Day was convicted of first-degree sexual abuse. The court of appeals affirmed Day's conviction. The Supreme Court reversed, holding that the trial court erred by telling the jury the penalty range for a lesser included offense during the guilt phase of trial, and the error was not harmless. The Court also addressed other issues raised in the appeal that were capable of recurring on re-trial, concluding that the trial court did not abuse its discretion by (1) admitting evidence of Day's move to another state as "flight evidence," and (2) admitting evidence for clothing the victim wore at the time of the evidence. Remanded. View "Day v. Commonwealth" on Justia Law

Larrell Porter pled guilty to trafficking in a controlled substance in the first degree, being a persistent felony offender in the second degree, and possession of drug paraphernalia. The plea was pursuant to the second plea deal offered by the Commonwealth, the first of which Porter rejected when he refused to comply with a condition attached to the plea deal, namely that he waive his right to view video recordings of the drug buys. The Supreme Court affirmed, holding (1) the trial court properly denied Porter's motion to withdraw his voluntary and knowing guilty plea; (2) the condition in the initial plea offer did not violate Porter's discovery rights or his due process rights; (3) the Commonwealth acted properly when it conditioned the first plea deal on waiver of Porter's right to view the video; and (4) the Commonwealth need not reoffer the previously rejected original plea deal. View "Porter v. Commonwealth" on Justia Law

Appellant James Miller was convicted of possession of a controlled substance in the first degree and being a persistent felony offender in the first degree, for which he received a twenty-year sentence. The Supreme Court affirmed, holding (1) the Commonwealth's introduction of Appellant's prior uncharged acts of misconduct during the penalty phase did not constitute palpable error; (2) the presence of an armed corrections officer did not violate Appellant's rights to a fair trial and due process; and (3) the trial court did not abuse its discretion when it refused to strike the jury for not representing a fair cross-section of the community. View "Miller v. Commonwealth" on Justia Law

When Appellant Thomas Jones pled guilty to third-degree rape and other charges, the trial court imposed a twenty-year prison sentence and ordered him to pay $288,000 in restitution, $175 in court costs, and a jail fee of $5,126. Appellant appealed to challenge the pecuniary aspects of the sentence imposed. The Supreme Court (1) reversed the assessment of court costs, as the Commonwealth conceded that aspect of the judgment was improper; and (2) reversed the judgment insofar as it imposed restitution because the imposition of restitution in this case violated Appellant's right to due process and was palpable error. Remanded to determine the issue of restitution. View "Jones v. Commonwealth" on Justia Law

Appellant David Hoff was convicted by a jury of eight counts of first-degree rape and eight counts of incest and was given a life sentence. The Supreme Court reversed the convictions, holding (1) because the extensive use of inadmissible hearsay and the impermissible bolstering of the victim's testimony was highly prejudicial to Appellant and rose to the level of manifest injustice, reversal was required; (2) it was error to allow a detective to testify that the victim's testimony at trial was consistent with her previous statements; and (3) it was error to admit evidence of Appellant's uncharged crimes or bad acts without proper notice or proper showing of relevance. Remanded. View "Hoff v. Commonwealth" on Justia Law

A jury found Appellant Rachel Blackburn guilty of first-degree trafficking in a controlled substance and of being a second-degree persistent felony offender. The Supreme Court vacated Appellant's forty-year sentence, holding (1) Ky. Rev. Stat. 533.060(2) modifies Ky. Rev. Stat. 532.110(1) so that subsequent offenses run consecutively may exceed the maximum aggregate duration allowed by section 532.110(1)(c); and (2) in this case, the trial court incorrectly entered a total sentence of forty years based on the jury's earlier recommendation that Appellant's sentences should all run consecutively because, pursuant to Kan. Rev. Stat. 532.080 and 532.110(1)(c), Appellant's consecutive sentences could not exceed twenty years. Remanded for resentencing. View "Blackburn v. Commonwealth " on Justia Law

Kenneth Williams pled guilty to possession of a handgun by a convicted felon, carrying a concealed deadly weapon, and loitering. Before trial, Williams moved to suppress the handgun seized from him, asserting that it was the product of an unconstitutional stop and patdown of his person. When police detained Williams, he was among a group of nine people, some of whom the police observed openly engaging in illegal drug activity and some of whom police found in possession of handguns. Williams argued that the group's activities did not create reasonable suspicion of criminal activity particularized to him to justify a Terry detention. The trial court denied Williams' motion to suppress, finding that Williams was part of a distinct group whose conduct aroused sufficient reasonable suspicion for the officers to detain Williams. The court of appeals affirmed. The Supreme Court affirmed the trial court's ruling on Williams's suppression motion, holding (1) substantial evidence supported the trial court's factual findings; and (2) the Terry stop was constitutional because police had reasonable, articulable suspicion of criminal activity among the group that justified an investigatory stop of its members. View "Williams v. Commonwealth" on Justia Law

Appellant Lawrence Stinnett was convicted of murder and kidnapping and sentenced to life in prison without parole. The Supreme Court affirmed, holding that the trial court (1) properly failed to dismiss the kidnapping charge pursuant to the kidnapping exemption statute even though the court's analysis in refusing to apply the exemption was flawed; (2) properly instructed the jury on the crime of intentional murder; (3) properly denied Appellant's request to remove his attorneys and allowed him to represent himself; (4) properly denied Appellant's request to compel the attendance at trial of an out-of-state witness, a psychologist who had previously examined Appellant; and (5) did not abuse its discretion by permitting the Commonwealth to use a letter written by Appellant's prior attorney because the letter did not violate the attorney-client privilege, and the hearsay testimony elicited from counsel was harmless error. View "Stinnett v. Commonwealth" on Justia Law

Appellant Brian Moore was convicted of the robbery, kidnapping, and murder of Virgil Harris and sentenced to death. After the Supreme Court affirmed the conviction and sentence, Appellant unsuccessfully sought to collaterally attack his conviction and sentence at both the state and federal levels. Appellant then pursued post-conviction DNA testing under Ky. Rev. Stat. 422.285 in the circuit court. Appellant came before the Supreme Court seeking additional DNA testing beyond that ordered below or, in the alternative, to vacate his conviction and sentence for several reasons, including the post-trial loss of evidence that was to be tested for DNA. The Commonwealth cross-appealed as to several issues. The Supreme Court affirmed in part and reversed in part the orders of the circuit court, holding (1) the Commonwealth's cross-appeal was without merit; and (2) although Appellant did not demonstrate that his conviction and sentence should be vacated, the circuit court erred in reading its power to order independent DNA testing to be limited by statute. Remanded. View "Moore v. Commonwealth" on Justia Law