Justia Civil Rights Opinion Summaries

Articles Posted in Kentucky Supreme Court
by
After a jury trial, Defendant was convicted of two counts of intentional murder and sentenced to death. The deaths occurred as a result of a shooting during which Appellant claimed he was acting in self-defense. Defendant appealed, raising multiple issues in support of reversal of his convictions and sentences. The Supreme Court reversed, holding that the trial court committed reversible error in (1) admitting testimony from a policy detective that Appellant's behavior after the shooting was inconsistent with someone who had actually acted in self-defense, thereby implying that from his experienced observations Appellant had fabricated his self-defense claim; (2) admitting evidence of Appellant's post-arrest invocation of his right to remain silent; (3) failing to strike for cause a potential juror who was the sibling of the victim's advocate directly connected to the case; and (4) excluding evidence of the victims' statements immediately before the shooting. Remanded for a new trial. View "Ordway v. Commonwealth" on Justia Law

by
Appellant was convicted of numerous counts of incest, rape, and sodomy for his sexual relationships with his two minor stepdaughters, M.P. and C.P. The Supreme Court affirmed Appellant's convictions, remanded to the trial court for resentencing on Appellant's incest convictions as to victim M.P., and vacated all imposed court costs and the partial public-defender fee, holding (1) ex post facto principles, which impact due process, required resentencing for Appellant's incest convictions as to victim M.P.; and (2) the trial court erred in levying court costs and partial public-defender fees on Defendant because he was indigent, and the court erred in ordering a review of court costs and public defender fees upon his release from prison. View "Miller v. Commonwealth" on Justia Law

by
Appellant was convicted of a misdemeanor and probated for the two-year statutory maximum on the condition that he attend counseling recommended by the Office of Probation and Parole. The Office recommended that Appellant enroll in the state's three-year sex offender treatment program. At a hearing, the trial court ordered briefing on the question of whether probation could be extended beyond the two-year limit for misdemeanors. The court then extended Defendant's probation until he completed the sex offender treatment program. The court of appeals reversed. The Supreme Court affirmed in part, holding (1) Defendant could not be required to complete a program that extended beyond his period of probation; (2) because Defendant completed his probation, he was discharged from it as a matter of law; and (3) to the extent the court of appeals remanded the case to the trial court for a determination of whether Defendant's probation should be revoked, its judgment was reversed. View "Miller v. Commonwealth" on Justia Law

by
After a jury trial, Defendant was convicted of robbery in the first degree and of being a persistent felony offender in the first degree. The trial court sentenced Defendant to thirty-five years imprisonment and imposed a $200 public defender fee and $180 in court costs. The Supreme Court (1) reversed the portion of the judgment imposing a public defender fee and court costs, holding that the trial court did not err in assessing the costs and fee against Defendant, but it erred in ordering review of Defendant's ability to pay upon release, as the decision to impose costs and fees based on a defendant's ability to pay must be made by the trial court upon sentencing; and (2) otherwise affirmed. View "Goncalves v. Commonwealth" on Justia Law

by
After a jury trial, Appellant was convicted of two counts of first-degree sodomy and two counts of first-degree sexual abuse and was sentenced to twenty years' imprisonment. The victim of Appellant's alleged crimes was his step-granddaughter. Appellant appealed, arguing that the trial court erred by allowing testimony from the victim's mother and father regarding changes in the child's behavior, which the mother implied were symptomatic of child sexual abuse based upon discussions she had with a clinical psychologist. Appellant alleged that this testimony amounted to inadmissible evidence of child sexual abuse accommodation syndrome. The Supreme Court affirmed, holding that the evidence was not admissible for the purpose of proving that the victim was sexually abused, but Appellant was not entitled to a reversal of his convictions because (1) the trial court sustained Appellant's objection to the specific testimony at issue and granted all of the relief he requested concerning the evidence; and (2) Appellant withdrew his motion for a mistrial with regard to the mother's testimony and failed to move for a mistrial as a result of the father's testimony, and therefore, Appellant's argument that he should have received a mistrial as a consequence of the evidence was not properly preserved. View "Blount v. Commonwealth" on Justia Law

by
Appellant was convicted of four counts of murder and one count of attempted murder for the murders of his four children and the attempted murder of his wife. Appellant was sentenced to life imprisonment without parole. At the trial, Appellant presented an insanity defense supported by expert testimony, and the Commonwealth provided an expert rebuttal witness. Appellant appealed, claiming that once he presented evidence that he was insane, the burden of disproving his insanity defense shifted to the Commonwealth, and because the Commonwealth did not meet this burden, the trial court erred in convicting him. The Supreme Court affirmed Appellant's convictions, holding that Appellant's introduction of evidence of mental illness sufficient to raise the issue of insanity as a defense did not require the Commonwealth to then disprove mental illness, and therefore, the burden of proving insanity rested on Appellant. View "Biyad v. Commonwealth" on Justia Law

by
This case arose after a person house sitting the home of her friends found an intruder in the house. Later it was discovered that twenty pieces of jewelry were missing from the master bedroom. After a jury trial, Defendant was convicted guilty of second-degree burglary and for being a first-degree persistent felony offender. The Supreme Court affirmed, holding (1) there was no palpable error in the pre-trial procedure that resulted in the identification of Defendant as the perpetrator or in the in-court identification made at trial; and (2) based upon the testimony that the jury actually heard in this case, the trial court did not err in admitting testimony regarding fingerprints pulled off evidence and regarding the thoroughness of the investigation. View "Barnes v. Commonwealth" on Justia Law

by
Defendant and her boyfriend, Roy Rankin, were prosecuted for the death of a six-month-old. The trial court instructed the jury on one count of first-degree criminal abuse as to Defendant, but the instructions covered two different theories of how Defendant allegedly committed the crime. The first instruction allowed the jury to find Defendant guilty if she intentionally abused Cecilia. The second instruction allowed the jury to find Defendant guilty if she had intentionally permitted Rankin to abuse Cecilia. The jury found Defendant guilty under the first instruction. The court of appeals affirmed. The Supreme Court reversed, holding (1) because the Commonwealth's proof was sufficient under at least one theory of first-degree criminal abuse, Defendant was not entitled to a directed verdict of acquittal on the charge of criminal abuse; (2) the trial court erred in instructing the jury as to direct abuse by Defendant, and the resulting jury verdict under that instruction was erroneous; and (3) Defendant may nevertheless be retried under the alternative theory of permitting the abuse because the jury never reached that question, and Defendant was not entitled to a directed verdict of acquittal. View "Acosta v. Commonwealth" on Justia Law

by
Appellant, an adult citizen, filed a petition for a declaration of rights seeking a declaration that the statutory and regulatory provisions associated with the Cabinet for Health and Family Services and its sub-unit the Department of Community Based Services' (DCBS) process for investigating allegations of child abuse were unconstitutional. Appellant also challenged the constitutionality of the Cabinet's administrative process. The underlying administrative action was held in abeyance pending the conclusion of the present proceeding. The circuit court denied the petition, finding the challenged processes to be constitutional, and the court of appeals affirmed. The Supreme Court vacated the court of appeals, holding that the declaratory action was not ripe for review, as the administrative proceedings being held in abeyance were not available to contextualize the operations of the statutory and regulatory process as it functions in day-to-day practice. Remanded with directions that the court hold this action in abeyance until the conclusion of the underlying administrative proceedings. View "W.B. v. Commonwealth" on Justia Law

by
Appellants Marcus Swan and D'Andre Owens were convicted of multiple crimes related to a violent home invasion they carried out. The Supreme Court affirmed Swan's judgment of conviction and sentence in its entirety, and affirmed in part and reversed in part Owens's judgment, although his overall sentence was unaffected, holding that the trial court (1) correctly admitted into evidence the guns used in the crime; (2) properly failed to dismiss the indictment because of the destruction of other guns found in the victim's house; (3) did not err in failing to hold a hearing on Swan's right to proceed pro se or with hybrid counsel; (4) properly allowed a witness to testify in the penalty phase after having been present in the courtroom during guilt-phase testimony; (5) did not commit reversible error by evaluating the competency of a child witness in a short fashion and in the presence of the jury; (6) erred in failing to give an instruction on second-degree assault as a lesser-included offense; and (7) erred in failing to grant a directed verdict on the charge of first-degree wanton endangerment relating to Latonia Lumpkins. Accordingly, Owens's convictions for first-degree assault and first-degree wanton endangerment of Lumpkins were reversed. Remanded. View "Swan v. Commonwealth" on Justia Law