Commonwealth v. Terrell
464 S.W.3d 495
Ky.2015Background
- Terrell’s mother was found murdered; police questioned Terrell after arresting him as a suspect.
- Circuit court issued an ex parte order stopping interrogation until Terrell could access a public defender, obtained by Terrell’s father under RCr 2.14(2).
- Commonwealth appealed the order; Court of Appeals affirmed the circuit court’s order based on West v. Commonwealth’s interpretation of RCr 2.14(2).
- This Court granted discretionary review and reversed, overruling West to limit RCr 2.14(2) to a visitation right and not a pre-prosecution appointment of counsel.
- Court held that except for search warrants, courts lack general jurisdiction over a criminal matter before prosecution begins; suppression is the proper remedy for improper interrogation.
- Rule provides access to counsel, not appointment, and the defendant controls whether to accept counsel; the appropriate remedy for violations prior to prosecution may be exclusionary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Scope of RCr 2.14(2) pre-prosecution intervention | Commonwealth relied on West to justify intervention | Terrell's rights require court-appointment of counsel pre-prosecution | RCr 2.14(2) only provides visitation, not appointment; no pre-prosecution court intervention |
| Court's authority to stop interrogation to appoint counsel | West gave courts authority to halt questioning | No statutory basis to appoint counsel before prosecution | Circuit court lacked authority to appoint counsel or halt interrogation pre-prosecution |
| Remedy for violation of RCr 2.14(2) | Exclusion of evidence not addressed | Suppression not necessary if no ongoing interrogation | Exclusionary rule may be appropriate; otherwise use harmless error analysis for pre-prosecution violations |
| Mootness and justiciability | Case moot but capable of repetition | Case fits capable-of-repetition-yet-evading-review exception; merits reached on the underlying issues |
Key Cases Cited
- West v. Commonwealth, 887 S.W.2d 338 (Ky. 1994) (pre-prosecution court intervention under RCr 2.14(2) rejected; overruled by later decision)
- Moran v. Burbine, 475 U.S. 412 (U.S. 1986) (police/third-party communication about counsel; external events may have no bearing on rights)
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to self-representation context emphasizing personal choice in accepting counsel)