November 21, 2012 Supreme Court Minutes
Nos. 172 – 177
6 decisions; 3 Cases To Be Published
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PUBLISHED DECISIONS WITH LINKS TO FULL TEXT:
172. CRIMINAL LAW
Angela Baumia v. Commonwealth of Kentucky
OPINION OF THE COURT BY
JUSTICE SCOTT –
MINTON, C.J.; ABRAMSON, NOBLE, AND VENTERS, JJ., CONCUR.
CUNNINGHAM, J., CONCURS IN RESULT BY SEPARATE OPINION.
SCHRODER, J., NOT SITTING.
Murder, first-degree wanton endangerment,
first-degree criminal mischief and driving under the influence-35 years. Commonwealth’s introduction in its case in chief of defendant’s invocation of her right to remain silent was error but said error was harmless beyond a reasonable doubt. Admission of accident scene video, 911 recording, evidence of defendant’s post-collision use of profanity and her misdemeanor theft by deception conviction, during the sentencing phase of the trial, did not constitute error.
173. CRIMINAL LAW
Randall Keith Kiper v. Commonwealth of Kentucky
COMMONWEALTH OF KENTUCKY TO BE PUBLISHED
OPINION OF THE COURT BY JUSTICE VENTERS –
AFFIRMING IN PART AND REVERSING AND REMANDING IN PART
MINTON, C.J.; ABRAMSON, CUNNINGHAM, NOBLE, AND SCOTT, JJ., CONCUR. SCHRODER, J., NOT SITTING.
Attempted murder, two counts of first- degree assault, first-degree wanton endangerment and first-degree PFO-70 years. Convictions for both attempted murder and first-degree assault for the same shooting resulted in a double jeopardy violation of KRS 505.020. Allegations of prosecutorial misconduct did not constitute reversible error.
174. CRIMINAL LAW
Bass Webb v. Commonwealth of Kentucky
OPINION OF THE COURT BY JUSTICE SCOTT –
AFFIRMING IN PART AND VACATING AND REMANDING IN PART
MINTON, C.J.; ABRAMSON, CUNNINGHAM, NOBLE, AND VENTERS, JJ., CONCUR. SCHRODER, J., NOT SITTING.
Two counts of attempted murder and first-degree PFO-50 years. Prosecution exceeded the scope of KRS 532.055 in telling jurors about defendant’s prior convictions entitling defendant to a directed verdict on the PFO charge (correct procedure is explained). Trial court properly admitted for purposes of identification, evidence that defendant was a former inmate. Evidence that defendant threatened a prison guard during apprehension was properly admitted as an ongoing part of the crime.