Justia Constitutional Law Opinion Summaries

After a jury trial, Appellant was convicted of attempted murder, first-degree assault, first-degree wanton endangerment, and of being a first-degree persistent felony offender. Appellant appealed, arguing that his convictions for both attempted murder and first-degree assault for the same shooting constituted a double jeopardy violation. The Supreme Court reversed Appellant's conviction for first-degree assault and affirmed the remainder of his convictions, holding that, in light of the particular facts of this case, Appellant's convictions for attempted murder and first-degree assault, both offenses that arose out of a single course of conduct, resulted in a double jeopardy violation of Ky. Rev. Stat. 505.020. Remanded. View "Kiper v. Commonwealth" on Justia Law

After a jury trial, Appellant was convicted of one count of use of a minor under the age of sixteen in a sexual performance and six counts of use of a minor under the age of eighteen in a sexual performance. Appellant was sentenced to a total of twenty-five years' imprisonment. The Supreme Court (1) reversed Appellant's conviction and sentence for use of a minor under the age of eighteen in a sexual performance as to one of the victims, holding that the jury instruction as to that charge and victim violated Appellant's right to a unanimous verdict; and (2) affirmed the remainder of Appellant's convictions and sentences, holding that the trial court properly denied Appellant's motion for a mistrial. Remanded. View "Kingrey v. Commonwealth" on Justia Law

After a jury trial, Appellant was convicted of the murder and first-degree criminal abuse of her two-year-old son. The Supreme Court affirmed the murder conviction but reversed the abuse conviction, holding (1) the trial court did not err in denying Appellant's motion for a directed verdict on the abuse conviction; (2) the trial court did not commit reversible error in playing a recorded interview in which a police detective accused the Appellant of not telling the truth nor in allowing that detective to testify that Appellant's story was inconsistent with other testimony; but (3) the jury's verdict as to first-degree criminal abuse deprived Appellant of her right to a unanimous jury verdict. View "Johnson v. Commonwealth" on Justia Law

Appellants were convicted of a 1992 murder based on highly circumstantial evidence. Both were sentenced to life imprisonment. Now represented by The Innocence Project, Appellant sought the release of certain physical evidence recovered from the crime scene - namely, unidentified hairs found in the victim's hand - for DNA testing. The circuit court denied Appellants' request to release the evidence for DNA testing, finding that the evidence would not likely change the outcome of the trial with a reasonable certainty. The Supreme Court reversed, holding that the trial court abused its discretion in denying Appellants' motion because Appellants had shown the DNA testing might lead to the prosecution and conviction of a person heretofore uncharged and now at large. View "Hardin v. Commonwealth" on Justia Law

After a jury trial, Defendant was convicted of first-degree unlawful transaction with a minor in violation of Ky. Rev. Stat. 530.064(1) and sentenced to ten years in prison. The convictions stemmed from Defendant's inducement of the fourteen-year-old daughter of a recently deceased family friend to have sexual intercourse with him. Defendant appealed, arguing that section 530.064 does not apply unless the perpetrator induces the minor to commit a crime. Defendant contended that because the minor involved here was allegedly induced to submit to a crime but not to commit one, Defendant was entitled to a directed verdict on the section 530.064 charge. The court of appeals panel agreed with Defendant's reading of section 530.064 but affirmed his conviction pursuant to Young v. Commonwealth, in which the Supreme Court rejected a claim similar but not identical to Defendant's. The Supreme Court affirmed, holding that Defendant was not entitled to a dismissal of the charge of unlawful transaction with a minor because section 530.064 is not limited to instances where the defendant has induced a minor to commit a crime but applies as well to inducements to engage in sexual activity made illegal by the minor's incapacity to consent to it. View "Hale v. Commonwealth" on Justia Law

Plaintiffs were a group of county employees who were members of the County Employee Retirement System, which was administered by the Kentucky Retirement Systems (KRS). Plaintiffs sued KRS and the Commonwealth, alleging that Ky. Rev. Stat. 637(1), which states that a retiree who is reemployed by the state or county shall have his retirement payments suspended for the duration of reemployment, was unconstitutional and asking for a declaration of their rights under the statute. The Commonwealth moved for dismissal on the basis of sovereign immunity. The trial court denied the Commonwealth's motion, holding that sovereign immunity does not bar a declaratory judgment action because such an action does not result in a loss of public funds or property. The court of appeals affirmed. The Supreme Court affirmed, holding (1) the state cannot be dismissed on the basis of sovereign immunity in a declaratory immunity action; and (2) nevertheless, separately naming the Commonwealth was not necessary because the interests of the state were adequately represented by KRS. View "Commonwealth v. Ky. Ret. Sys." on Justia Law

After a jury trial, Defendant was convicted of first-degree fleeing or evading police, fourth-degree assault, possession of marijuana, and being a first-degree persistent felony offender (PFO). Defendant was sentenced to twenty years' imprisonment and was fined $600. On appeal, the Supreme Court (1) reversed Appellant's convictions and sentences for first-degree fleeing or evading and first-degree PFO, as the trial court's jury instructions on the fleeing or evading charge were erroneous; and (2) vacated the portions of Defendant's sentences for fourth-degree assault and possession of marijuana imposing fines, as the trial court erred by imposing fines upon Appellant. View "Wright v. Commonwealth" on Justia Law

Joshua Peacher and Nereia Allen appealed from judgments of the circuit court following a joint trial in which both were convicted of murder, first-degree assault, and first-degree criminal abuse from their mistreatment of Allen's two-year-old nephew, Christopher, resulting in serious physical injuries and his death. The couple was also convicted of abuse for their mistreatment of Allen's other two-year-old nephew, Wyatt. The Supreme Court affirmed the trial court's judgments in both cases, holding (1) both Defendants received a fundamentally fair trial; (2) neither Defendant was entitled to relief because the trial court erred slightly in defining complicity for the jury; (3) Peacher was not entitled to relief because he was tried jointly with Allen; (4) neither Defendant was prejudiced by the jury instructions pertaining to murder and first-degree assault of Christopher; and (5) Allen was not entitled to a directed verdict or to the dismissal of any of the charges against her. View "Peacher v. Commonwealth" on Justia Law

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

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