Caudill v. Commonwealth
2012 Ky. LEXIS 116
Ky.2012Background
- Right of appeal in murder and three wanton endangerment convictions with consecutive 35-year maximum sentence.
- 12-second shootout between neighbors over a property dispute in Breathitt County, Kentucky, involving Appellant (rifle) and Carpenter (9mm).
- Key witnesses: Shirley Hudson (Carpenter’s cousin by marriage), Willena White (cousin to both; observed two prior confrontations), Michael Todd Hudson (Carpenter’s relative; present at scene).
- Recorded audio/video captured exchanges before the shooting; tape shows heated exchange and 12 seconds of shooting; tape quality limited but played for jury.
- Prosecutor’s cross-examination conduct deemed improper; trial court overruled objections; convictions reversed and remanded for further proceedings.
- Medical and forensic evidence showed Carpenter died from a single gunshot to the head; alcohol/marijuana in Carpenter’s system; conflicting ballistic/audio testimony about who fired first.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of proof for murder | Appellant argues Commonwealth failed to prove non-self-defense. | Carpenter’s actions and prior disputes negate self-defense claim. | Not reached; focus shifted to prosecutorial misconduct; conviction reversed. |
| Prosecutorial misconduct during cross-examination | Misconduct biased the trial and violated fairness. | Prosecutor acted within trial strategy. | Reversible error; convictions for murder and three wanton endangerments vacated and remanded. |
| Directed verdict preservation | Prosecution preserved issue through objections. | Claim not preserved for appeal. | Not dispositive; court proceeds on misconduct ruling and remand. |
Key Cases Cited
- Berger v. United States, 295 U.S. 78 (1935) (ministers of justice; justice over victory; prosecutor’s duty)
- Whitaker v. Commonwealth, 298 Ky. 442, 183 S.W.2d 18 (1944) (prosecutor must stay within the record; not to deride)
- Commonwealth v. Mitchell, 165 S.W.3d 129 (Ky.2005) (prosecutor must not derogate fair trial)
- Moore v. Commonwealth, 634 S.W.2d 426 (Ky.1982) (prosecutor’s personal opinion is not proper evidence)
- Chipman v. Commonwealth, 313 S.W.3d 95 (Ky.2010) (counsel’s arguments are not evidence)
- Miller v. Commonwealth, 283 S.W.3d 690 (Ky.2009) (testimony standards; improper cross-examination)
- Barnes v. Commonwealth, 91 S.W.3d 564 (Ky.2002) (3-part test for prosecutorial misconduct relief)
- Perdue v. Commonwealth, 916 S.W.2d 148 (Ky.1995) (admissibility if state-of-mind hearsay issue; not outcome-determinative)
- Taylor v. Commonwealth, 449 S.W.2d 208 (Ky.1969) (preservation requirement for error review)
- United States v. Carroll, 26 F.3d 1380 (6th Cir.1994) (reversible misconduct standard)