Justia Constitutional Law Opinion Summaries

Articles Posted in Kentucky Supreme Court
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In this case, Bennett D. Couch was convicted by the Kenton Circuit Court for possession and transfer of child pornography in violation of Kentucky Revised Statutes (KRS) 531.335 and 531.340. The conviction was based on evidence procured through search warrants for Couch's Tumblr account, apartment, cell phones, and computers. The investigation was initiated after the National Center for Missing and Exploited Children (NCMEC) reported that three pornographic images of children were being circulated online, which were traced back to Couch's IP address. Couch challenged the constitutionality of KRS 531.330’s presumption as to minority and the legality of the search of her apartment.The Supreme Court of Kentucky, in an opinion delivered by Chief Justice VanMeter, affirmed the lower court's decision. The court held that Couch's constitutional challenge was not considered as she failed to provide the required notice to the Attorney General. Regarding the legality of the search, the court determined that the search warrant affidavits provided substantial basis for the issuing judge to conclude that probable cause existed to issue the original search warrant, despite Couch's claims that the affidavits lacked probable cause, failed to identify the criminal statutes violated, and did not establish a nexus between the criminal activity and her apartment. The court also dismissed Couch's claims of prosecutorial misconduct and failure of the trial court to properly consider the Presentence Investigation Report due to lack of procedural compliance. View "Couch v. Commonwealth" on Justia Law

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In a case concerning the constitutionality of the Kentucky General Assembly's legislative and congressional reapportionment plans, the Supreme Court of Kentucky affirmed the lower court's decision that the plans were constitutional. The appellants, which included the Kentucky Democratic Party and several individual voters, challenged the plans, alleging that they were the result of unconstitutional partisan gerrymandering, violated the Kentucky Constitution's guarantees of free and equal elections, equal protection, and freedom of speech and assembly, and violated Section 33 of the Kentucky Constitution, which sets forth requirements for the reapportionment process. The court held that the apportionment plans did not involve an unconstitutional level of partisan gerrymandering and did not violate the state constitution's guarantees of free and equal elections, equal protection, freedom of speech and assembly, or Section 33's requirements for the reapportionment process. The court applied a substantially deferential standard in its review, given the political nature of the apportionment process. It found that the plans did not involve a clear, flagrant, and unwarranted deviation from constitutional limitations, nor did they threaten the state's democratic form of government. The court also found that the appellants had standing to bring their claims and that the claims were justiciable. View "GRAHAM V. ADAMS" on Justia Law

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The Supreme Court held that Senate Bill (S.B.) 126, which amended Ky. Rev. Stat. 452.005, was unconstitutional and declined to extend comity.Plaintiffs challenged the constitutionality of House Bill 594, which banned certain types of electronic gaming machines. In response, the Attorney General, who was a named defendant, invoked the newly-enacted provision of S.B. 126, seeking to transfer the case to another circuit court by way of a lottery selection. Plaintiffs responded by challenging the constitutionality of S.B. 126's mandatory transfer procedure. The circuit court temporarily stayed its ruling on Defendants' motion to transfer, and Plaintiffs sought a supervisory writ from the Supreme Court to prohibit transfer of the action and seeking a declaration that S.B. 126 was unconstitutional. The Supreme Court granted relief, holding (1) S.B. 126 violates the separation of powers doctrine, contrary to sections 27, 28, 109, 110 and 116 of the Kentucky Constitution; and (2) S.B. 126 is not extended comity. View "ARKK Properties, LLC v. Cameron" on Justia Law

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The Supreme Court affirmed Defendant's convictions for first-degree rape, first-degree sexual abuse, intimidating a participant in a legal process, and being a first-degree persistent felony offender and his sentence of twenty years' imprisonment, holding that there was no error in the proceedings below.Specifically, the Supreme Court held (1) the Commonwealth did not improperly comment on Defendant's right to remain silence during voir dire or deprive him of an impartial jury by making a burden-shifting argument to the venire should Defendant have chosen to testify; (2) the trial court did not err by denying Defendant's motion to strike two jurors for cause; and (3) no cumulative error occurred because no prejudicial error occurred. View "Finch v. Commonwealth" on Justia Law

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The Supreme Court reversed Defendant's convictions for arson and attempted arson and otherwise affirmed, holding that the trial court erred in failing to grant a directed verdict in Defendant's favor as to the counts for arson in the first degree and attempted arson.Specifically, the Supreme Court held (1) hearsay statements regarding the victims' fear of Defendant were admissible under Ky. R. Evid. 803(3)'s state-of-mind exception; (2) the trial court did not err in permitting witnesses to invoke their Fifth Amendment privilege against self-incrimination; (3) the trial court properly precluded Defendant from presenting an aaltperp defense; (4) the trial court properly admitted physical evidence; (5) Defendant was entitled to a directed verdict on the charges of first-degree arson and attempted first-degree arson; (6) Defendant was not entitled to a directed verdict on the charges for murder; (7) Defendant's burglary convictions did not violate double jeopardy protections; and (8) reversal was not required on grounds of cumulative error. View "Martin v. Commonwealth" on Justia Law

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The Supreme Court reversed the judgment of the court of appeals reversing Defendant's conviction of one count of possession of synthetic drugs, holding that the circuit court did not err in denying Defendant's motion to suppress evidence recovered from his backpack.In his motion to suppress, Defendant argued that the warrantless search of his backpack violated the Fourth Amendment of the federal constitution and section ten of the state constitution. The circuit court denied the motion, finding that the search of Defendant's backpack was lawful as a search incident to his lawful arrest. The court of appeals reversed, holding that the underlying search was unconstitutional. The Supreme Court reversed, holding that the trial court properly concluded that the search was a lawful search incident to Defendant's arrest. View "Commonwealth v. Bembury" on Justia Law

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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

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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

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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

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The Supreme Court reversed the decision of the court of appeals reversing a summary judgment granted by the circuit court dismissing the claims brought by Kentucky Concealed Carry Coalition (KC3) alleging that the City of Pikeville, Kentucky and its agents violated Ky. Rev. Stat. 65.870, which generally prohibits the regulation of firearms by local government, holding that KC3 lacked standing to bring this action.KC3, a non-profit Kentucky corporation, alleged that the City's prohibition on firearms within certain City properties constituted unlawful local regulation, in violation of section 65.870. The trial court entered summary judgment in favor of the City and dismissed the complaint. The court of appeals reversed, ruling that the City was not permitted to enforce an informal blanket prohibition on the possession and carrying of firearms upon the properties. The Supreme Court reversed and remanded the matter with instructions to dismiss the action, holding that KC3 failed to establish constitutional standing because it failed to produce sufficient proof of any concrete and particularized injury suffered by its members. View "City of Pikevill v. Ky. Concealed Carry Coalition, Inc." on Justia Law