Blane v. Commonwealth
364 S.W.3d 140
Ky.2012Background
- Christian Circuit Court jury convicted Blane of two counts cocaine trafficking, one count marijuana trafficking (eight ounces or more), one drug paraphernalia offense, and first-degree PFO; resulting total sentence of 30 years.
- Confidential informants conducted controlled buys from Blane in 2006 and 2007, leading to a search warrant and seizure of cash, crack cocaine, and marijuana.
- Commonwealth amended Count 3 after a directed verdict on marijuana within 1,000 yards of a school, changing it to trafficking in marijuana eight ounces or more.
- Deputy clerk testified about Blane’s prior convictions to establish PFO status at sentencing.
- Penalty-phase evidence included pre-amended charges; the Court later held this was impermissible in light of KRS 532.055(2)(a)(2).
- Court remanded for a new penalty phase and held multiple errors: marijuana-eight-ounces conviction reversed, first-degree PFO as to Count 1 reversed, and potential retroactive application of amended drug-paraphernalia penalties considered on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of evidence based on Franks challenges | Blane: affidavit deceitful re informant reliability | Commonwealth: informant reliability supported by corroboration | Affidavit supported probable cause; suppression denied |
| Batson challenge to Dooley strike | Dooley’s race and strike show discrimination | Prosecution provided race-neutral reasons | No clear showing of purposeful discrimination; Batson not satisfied |
| Amendment after directed verdict | Count 3 amendment after directed verdict improper | Amendment permitted under Rule 6.16 unless it added/different offense | Abuse of discretion; Count 3 amendment reversed and sentence vacated |
| Penalty-phase testimony of pre-amended charges | Originally charged offenses introduced in penalty phase | KRS 532.055(2)(a)(2) permits only convictions’ nature | Palpable error; remand for new penalty phase; original charges not permissible |
| PFO conviction on Count 1 | County 1 satisfied first-degree PFO | Only one prior felony before offense; should be second-degree PFO | First-degree PFO as to Count 1 reversed; remand for second-degree PFO determination |
| Total sentence legality | Thirty-year term within statutory bounds | Statutory limit twenty years for highest offense plus PFO | Thirty years improper; remand to cap at twenty years |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (1978) (truthful basis for probable cause in warrant affidavits; informant reliability shown)
- Gates v. Illinois, 462 U.S. 213 (1983) (totality-of-the-circumstances probable-cause standard)
- Batson v. Kentucky, 476 U.S. 79 (1986) (prohibition on race-based peremptory challenges; three-step analysis)
- Bray v. Commonwealth, 703 S.W.2d 478 (Ky.1985) (PFO jury instruction timing and precedent)
- Chavies v. Commonwealth, 354 S.W.3d 103 (Ky.2011) (predecessor rule for admissibility of pre-amendment charges in penalty phase)
- Sanderson v. Commonwealth, 291 S.W.3d 610 (Ky.2009) (maximum sentences under consecutive indeterminate terms cap at twenty years)
- Cook v. Commonwealth, 129 S.W.3d 351 (Ky.2004) (limitations on introducing dismissed or amended charges)
- Riley v. Commonwealth, 120 S.W.3d 622 (Ky.2003) (PFO framework regarding amendments to offenses)