Justia Criminal Law Opinion Summaries

The Supreme Court affirmed the opinion of the court of appeals reversing Defendant's conviction of one count of tampering with physical evidence and being a persistent felony offender in the second-degree, holding that the trial court should have granted a directed verdict on the tampering charge at the close of the evidence at it was error not to do so.Twice during his trial, Defendant moved for a directed verdict on the tampering charge, arguing that no reasonable juror could find that he concealed the synthetic marijuana leading to his conviction with the requisite intent. The court of appeals reversed. The Supreme Court affirmed, holding that the Commonwealth failed to present sufficient evidence which a jury could conclude Defendant tampered with physical evidence. View "Commonwealth v. Bell" on Justia Law

The Supreme Court vacated the decision of the court of appeals affirming the judgment of the circuit court dismissing with prejudice the indictment against Defendant based on the violation of Defendant's right to a speedy trial, holding that the the trial court erred in dismissing with prejudice the case against Defendant.Six months and twenty-three days following Defendant's arrest for first-degree possession of a controlled substance and possession of drug paraphernalia the circuit court dismissed the indictment against Defendant with prejudice, finding that the delay in trying the case had injured Defendant's right to a speedy trial. The court of appeals affirmed. The Supreme Court reversed, holding that the period between Defendant's arrest and the dismissal of his case was not presumptively prejudicial and that the determination that Defendant's speedy-trial rights were violated was premature. View "Commonwealth v. Hensley" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing Defendant's convictions for theft of identity and being a persistent felony offender in the first degree, holding that the court of appeals erred in holding that giving a peace officer false information is not a lesser-included offense of theft of identity.On appeal, the court of appeals concluded that the trial court erred by failing to instruct the jury on the misdemeanor offense of giving a peace officer false identifying information as a lesser-included offense to the theft of identity charge and reversed as to that conviction. The Supreme Court reversed, holding that the trial court acted properly and did not abuse its discretion when it chose not to give jury instructions on a lesser, not-included offense. View "Commonwealth v. Boone" on Justia Law

The Supreme Court affirmed the judgment of the circuit court sentencing Defendant to twenty years' imprisonment for his convictions of two counts of manslaughter in the second degree, driving under the influence of controlled substances first offense, and persistent felony offender first degree, holding that Defendant's claims of error did not warrant reversal.Specifically, the Supreme Court held (1) the trial court was correct in declining to suppress Defendant's statements statements he made at the accident scene, and suppression of Defendant's blood test was not required in this case; (2) the trial court did not err in excusing a prospective juror for cause; and (3) while certain statements were not properly admissible during the Commonwealth's examination of detective Brandon McPherson, they did not rise to the level of palpable error resulting in manifest injustice. View "Simpson v. Commonwealth" on Justia Law

The Supreme Court affirmed the decision of the court of appeals reversing the judgment of the circuit court denying Defendant a directed verdict on the charge against her of unlawful access to a computer in the first-degree, holding that Ky. Rev. Stat. 434.840(9)(d) refers to a computer-related purpose.At issue was whether Defendant's act of exchanging the barcodes on two items she purchased with barcodes on two less expensive items and then using the self-scanner at Walmart to purchase the two more expensive items for less than what she should have paid based on the prices at which the items were offered for sale justified conviction for unlawful access to a computer in the first degree. The Supreme Court affirmed the circuit court's denial of a directed verdict on the unlawful access to a computer charge, holding that the term "purpose" in section 434.840(9)(d) refers to an unauthorized computer-related purpose, rather than a broader fraudulent purpose. View "Commonwealth v. Shirley" on Justia Law

The Supreme Court affirmed in part and vacated in part the judgment of the circuit court in this criminal case, holding that the case must be remanded for the trial court to consider whether Defendant's consent to a blood draw was voluntary under the totality of the circumstances.Defendant entered a conditional plea to one count of manslaughter in the first degree and one count of manslaughter in the second degree. The Supreme Court affirmed in part and vacated in part, holding that the trial court (1) did not err by failing to suppress Defendant's statements obtained without a Miranda warning; (2) erred in suppressing the results of Defendant's blood draw without determining whether her consent was voluntary where she received a warning that if she refused the blood test and were convicted of DUI, her mandatory minimum jail sentence would be doubled; and (3) did not err by failing to dismiss the case due to alleged abuse of the grand jury process. View "Haney v. Commonwealth" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals denying Appellant's motion for a writ of mandamus against the circuit court, holding that the court of appeals properly dismissed the appeal.In 1993, Defendant was convicted of 141 counts of first-degree sexual abuse and five counts of first-degree rape and sentenced to 754 years' imprisonment. The current matter arose from the trial court's denial of Defendant's pro se "Notice to Submit Documents to Support Motion for New Trial." Defendant requested a writ of mandamus challenging the denial. The court of appeals dismissed the petition as frivolous. The Supreme Court affirmed, holding that because Defendant did not timely appeal the denial of his motion for a new trial dismissal was the prescribed sanction. View "Violett v. Honorable Grise" on Justia Law

The Supreme Court affirmed in part and vacated in part the judgment of the trial court convicting Defendant of burglary in the first degree, rape in the first degree, kidnapping, violation of an EPO/DVO, and terroristic threatening, holding that the trial court erred in imposing Defendant's sentence.During penalty phase deliberations, Juror 8 informed the bailiff that she no longer wanted to deliberate. The judge excused the juror and told Defendant he could either waive his right to a twelve-person jury and allow an eleven-person jury to decide his sentence or allow the judge to make the sentencing decision. Defendant objected to eleven jurors, and so the judge decided the sentence. The Supreme Court affirmed Defendant's convictions but vacated his sentence, holding the trial court erred by failing to conduct a sufficiently searching inquiry to determine Juror 8's potential inability to be fair or impartial and then by excusing the juror. The Court remanded the case for a new penalty phase. View "Jerome v. Commonwealth" on Justia Law

The Supreme Court affirmed in part and reversed in part the opinion of the court of appeals affirming the judgment of the trial court finding Primal Vantage Company, Inc. liable for failure to warn and to instruct of the dangers associated with certain polypropylene straps and awarding substantial damages to Kevin and Sante O'Bryan, holding that the trial court abused its discretion.While Kevin was using a ladder stand manufactured by Primal Vantage that must be affixed to a tree to be used for hunting, the polypropylene straps securing the stand to the tree broke. The stand fell, resulting in Kevin sustaining serious injuries. A jury found Primal Vantage liable and awarded both Kevin and his wife damages. The Supreme Court reversed in part, holding that the trial court erred by abandoning its role as evidentiary gatekeeper and allowing the jury to hear substantial evidence regarding other injuries and accidents involving ladderstands, then declaring the evidence inadmissible, and failing to admonish the jury not to consider the inadmissible other-incidents evidence. View "Primal Vantage Co. v. O'Bryan" on Justia Law

The Supreme Court affirmed the judgment of the trial court convicting Defendant of first-degree sodomy and sentencing him to twenty years in prison, holding that there was no error in the proceedings below.On appeal, Defendant argued that the trial court erred in failing to remove two jurors for cause during voir dire and committed a reversible error by allowing the Commonwealth to make an improper assertion about him during closing arguments. The Supreme Court affirmed, holding (1) the trial court's denial of Defendant's motion to strike the jurors was not an abuse of discretion; and (2) the prosecutor's statements during closing arguments were not reversible error. View "Robinson v. Commonwealth" on Justia Law