Commonwealth v. Lemons
2014 Ky. LEXIS 228
| Ky. | 2014Background
- Lemons stabbed Cory Kessnick during a parking-lot confrontation after leaving Brass Ass bar.
- Lemons sought immunity under KRS 503.085; trial court denied motion to dismiss, finding probable cause the force was unlawful.
- Court of Appeals reversed; Commonwealth appeals to reinstate trial court’s denial.
- Witness accounts vary about how the altercation began and who started it; credibility and consistency issues abound.
- Lemons gave conflicting statements; some witnesses describe Cory on the ground shortly after arrival with no clear indication of who started the fight.
- Court ultimately reinstates trial court’s denial, rejecting the de novo standard of review and applying a substantial-basis/probable-cause framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What standard of review applies to KRS 503.085 immunity determinations? | Lemons argues de novo review should govern. | Commonwealth argues de novo or Gates-based review is appropriate? (concise as per facts) | Gates-based substantial-basis review governs. |
| Was there a substantial basis to deny the motion to dismiss under KRS 503.085? | Record shows probable cause that force was unlawful based on inconsistencies and conduct. | Record shows inconsistencies and lack of direct proof; no substantial basis for denying immunity. | Yes; substantial basis existed to deny immunity, so dismissal not warranted. |
Key Cases Cited
- Commonwealth v. Pride, 302 S.W.3d 43 (Ky. 2010) (recognizes standard of review for probable cause in immunity cases)
- Rodgers v. Commonwealth, 285 S.W.3d 740 (Ky. 2009) (analyzes immunity standards under KRS 503.085)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause is a fluid, totality-of-circumstances inquiry)
- Ornelas v. United States, 517 U.S. 690 (U.S. 1995) (de novo review inappropriate for immune-determination context)
- Commonwealth v. Banks, 68 S.W.3d 347 (Ky. 2001) (adopted Ornelas framework for reviewing probable-cause determinations)
- Jones v. United States, 217 S.W.3d 190 (Ky. 2006) (defines probable cause standard in immunity context)
- Gates, United States, 462 U.S. 213 (U.S. 1983) (totality-of-circumstances test for probable-cause review)
- North Carolina v. Alford, 400 U.S. 25 (U.S. 1970) (relevance to factual pleading; cited in opinion)