Marvin J. Sternberg

The case involved George Howard Williams's appeal from his convictions in Jefferson Circuit Court for first-degree robbery and being a persistent felony offender in the first degree, for which he received a 35-year sentence. Williams challenged the trial court's denial of a continuance to investigate the complaining witness's competency after learning of a lunacy warrant, the admission of prior convictions to impeach his credibility without proof that he had been denied counsel, and the refusal to instruct the jury on nullification in the persistent felony offender phase. The Kentucky Supreme Court affirmed the convictions, holding that the trial judge did not abuse discretion in denying the continuance, that Williams failed to show his prior convictions were obtained without counsel or a valid waiver, and that the given instructions adequately covered the law without requiring a nullification option. The court found the witness competent based on the in-chambers hearing and deemed any issues with referencing the warrant waived.

criminal lawprocedure

In Farmer v. Kentucky Utilities Co., landowners sued a utility company for trespass after it entered their property to clear trees and vegetation beneath overhanging power lines, which had been installed decades earlier under a prescriptive easement. The Supreme Court of Kentucky held that the utility's primary prescriptive easement for the lines included a secondary easement allowing entry onto the property for necessary maintenance and removal of interfering growth. The court reasoned that easements carry with them only what is reasonably necessary for their proper enjoyment, with correlative rights and duties between the parties to avoid unreasonable burdens, and remanded the case to determine whether the specific clearing exceeded what was necessary.

propertytorts & liability

The case involved Darnell Hopewell, who was convicted in Boone County, Kentucky, of first-degree robbery and kidnapping after an incident at a service station where he and a codefendant took money and transported the attendant before releasing him. Hopewell appealed on grounds that the trial court improperly excluded as hearsay a codefendant's jailhouse statement suggesting Hopewell's lack of involvement, and that the competency hearing was inadequate, violating due process and effective assistance of counsel. The Kentucky Supreme Court affirmed the convictions, ruling that the evidentiary objection was not preserved because the defense changed its theory on appeal, the trial court's competency finding based on a mental evaluation and hearing showed no abuse of discretion, and the ineffective counsel claim was not raised below. The court found the competency proceedings complied with statutory requirements under RCr 8.06 and KRS 504.040.

criminal lawprocedure

In Inman v. Inman, the Kentucky Supreme Court addressed a divorce case in which the parties disputed whether a professional dentistry license earned by one spouse during the marriage constituted marital property. The trial court and the Court of Appeals on the first appeal had ruled that the degree was marital property, but on a second appeal the Court of Appeals reversed that legal conclusion. The Supreme Court held that the law-of-the-case doctrine barred the Court of Appeals from reconsidering the issue on the subsequent appeal because the parties had already litigated it and no further review had been sought after the first appellate decision. The Court explained that the doctrine prevents relitigation of settled legal questions in the same case to promote finality and avoid endless proceedings.

family lawprocedure

In Pace v. Commonwealth, Garland Pace was convicted after a trial of second-degree manslaughter, first-degree assault, third-degree assault, and second-degree persistent felony offender stemming from a 1981 incident in which his car struck three pedestrians, killing one and injuring two others. The Kentucky Supreme Court reversed the convictions and remanded for a new trial. The court held that the trial judge erred by allowing the prosecutor to cross-examine Pace about facts lacking any evidentiary support and to impeach Pace's mother with a prior inconsistent statement without laying the required foundation, errors the court found prejudicial given the centrality of Pace's alibi defense. Additional errors occurred during the persistent felony offender phase, including the introduction of inflammatory details about a prior conviction and irrelevant evidence such as Pace's jacket. The court also noted potential inconsistencies in the jury's findings on mental states but reversed primarily on the evidentiary and impeachment issues.

criminal lawprocedure

The case involved Peggy Carver's conviction in McLean County District Court for violating Kentucky's local option laws (KRS 242.230) by allegedly furnishing alcoholic beverages in dry territory, with her sentence enhanced based on a 1976 prior conviction for a similar offense. The circuit court affirmed the conviction but directed a reduced sentence after finding the unsigned prior conviction order inadmissible, while the Kentucky Supreme Court granted review and reversed. The court held that the unsigned prior conviction was improperly admitted into evidence and that the circuit court erred by attempting to impose a reduced sentence rather than ordering a new trial, as the jury's intent could not be reliably determined without the improper evidence. Additional guidance was provided for retrial regarding the presumption of innocence instruction and impeachment evidence in light of the conflicting witness testimony.

criminal lawprocedure