548 S.W.3d 255
Mo. Ct. App.2018Background
- Davidson and co-defendant Kevin Boyd were indicted on 31 counts of first-degree robbery arising from 14 restaurant robberies in Louisville over six weeks (Oct 24–Dec 2, 2013); Davidson also charged as a first-degree persistent felony offender.
- All robberies shared similar traits: two masked men, a revolver, a white Honda Accord, similar clothing/appearance (including a red/white/green “granny hat”), and proximity to defendants’ residences.
- Trial court denied Davidson’s pretrial motion to sever the robbery counts; the cases were tried jointly before a jury in Jefferson Circuit Court.
- Three police detectives testified they believed the investigated robberies were related; Davidson objected but the trial court admitted that testimony under KRE 701 (lay opinion).
- Jury convicted Davidson on 14 counts (seven of the fourteen events) and found him to be a persistent felony offender; total sentence 30 years; acquitted on other events and mixed verdicts against co-defendant demonstrated jury differentiated events.
- Davidson appealed, raising: (1) denial of severance; (2) admission of officers’ opinion testimony that robberies were related; and (3) trial judge’s voir dire comment that it was proper to try the defendants together.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether joinder of multiple robberies and denial of severance was abuse of discretion | Davidson: joint trial of 31 counts was unfairly prejudicial and too burdensome | Commonwealth: offenses were similar in character, circumstance, and time so joinder proper | Denial of severance not an abuse of discretion; joinder was proper under RCr 6.18 and RCr 8.31 (no showing of actual prejudice) |
| Whether admission of police opinion that robberies were related violated KRE 701 | Davidson: officers’ testimony was not based on their personal perception and improperly suggested crimes were connected | Commonwealth: opinions were rationally based on officers’ perceptions and helpful under KRE 701 | Court found trial court misapplied KRE 701 (officers lacked personal perception; testimony not helpful) but error was harmless; convictions affirmed |
| Whether judge’s voir dire comment about trying defendants together violated RCr 8.31 or warranted palpable error relief | Davidson: comment implied judicial view that defendants acted together and referenced a severance motion, violating rule against referencing severance | Commonwealth: comment was innocuous and not prejudicial | No palpable error; comment did not cause manifest injustice; affirmed |
| Whether evidentiary error required reversal | Davidson: improper opinion testimony substantially swayed jury | Commonwealth: mixed verdicts show jury not unduly influenced | Error deemed harmless under harmless-error standard; judgment not substantially swayed |
Key Cases Cited
- English v. Commonwealth, 993 S.W.2d 941 (Ky. 1999) (abuse-of-discretion standard for severance)
- Cardine v. Commonwealth, 623 S.W.2d 895 (Ky. 1981) (upholding joinder of closely related robberies)
- Davis v. Commonwealth, 899 S.W.2d 487 (Ky. 1995) (joinder of similar offenses in close time frames)
- Parker v. Commonwealth, 291 S.W.3d 647 (Ky. 2009) (party must show unfair prejudice to require severance)
- Cherry v. Commonwealth, 458 S.W.3d 787 (Ky. 2015) (deference to trial court’s discretion on joinder/severance)
- McKinney v. Commonwealth, 60 S.W.3d 499 (Ky. 2001) (limitations on lay opinion testimony usefulness)
- Winstead v. Commonwealth, 283 S.W.3d 678 (Ky. 2009) (harmless error standard for non-constitutional evidentiary errors)