John D. White

The case involved Claude Hargrave's convictions for trafficking in cocaine and misdemeanor drug possessions, with his sentence enhanced to twenty years based on his status as a first-degree persistent felony offender. Hargrave appealed the denial of his motions to disclose a confidential informant's identity, arguing the informant was a material witness under KRS 218A.260 and that the search warrant affidavit contained knowingly false statements under Franks v. Delaware. The court rejected these claims, reasoning that the informant had observed drugs at Hargrave's home supporting constructive possession without testifying to his personal presence or control, and that evidence did not show the affidavit relied on false information. It also found that challenges to the jury's verdict and the sufficiency of prior convictions for PFO enhancement were either unpreserved or unsupported by the record, leading to affirmance of the judgment.

criminal lawprocedure

In Williams v. Commonwealth, the appellant was convicted of first-degree robbery after threatening a store clerk with what appeared to be a weapon in his pocket during a theft, though no weapon was found or seen. The Kentucky Supreme Court reversed the conviction, ruling that the evidence was insufficient to support a first-degree robbery charge under KRS 515.020 because there was no proof of a deadly weapon or dangerous instrument. The court reasoned that mere threats and a pocket bulge, without any object being seen or felt, could not elevate the offense from second-degree robbery, which requires only the threat of physical force. This decision distinguished the case from precedents where an object was at least partially perceived.

criminal law

In Todd v. Commonwealth, Charles Edward Todd appealed his conviction for wanton murder and life sentence in the death of his aunt, Grace McKee, arguing errors in the admission of evidence from a warrantless search, prior inconsistent statements by his mother, testimony about prior difficulties between Todd and the victim, numerous photographs of the body, and jury selection procedures. The Kentucky Supreme Court reversed the conviction and remanded for a new trial, holding that reversible error occurred when the trial court allowed the prosecution to use prior inconsistent statements as substantive evidence of guilt, admitted testimony referencing bullet holes and a shotgun from prior incidents, and permitted evidence suggesting sexual abuse. The court found these evidentiary rulings violated limits on impeachment use, prior bad acts, and unduly prejudicial material, while rejecting claims regarding the initial search and the overall number of photos as not properly preserved. The dissent argued the errors were harmless given the strength of the evidence.

criminal lawprocedure