360 S.W.3d 751
Ky.2012Background
- Appellant Michael Dunn was convicted in Montgomery County Circuit Court of five counts of first-degree sodomy and sentenced to fifty years total, all concurrent? Wait, consecutive sentences totaling fifty years (ten years per count).
- L.M., a fourteen-year-old nephew of Dunn’s live-in partner, testified Dunn forced him to anal and oral sex at least seven times between late 2007 and fall 2008.
- Evidence included a condom with semen matching Dunn’s DNA found near a deer blind, plus L.M.’s DNA on the condom.
- Dunn challenged multiple trial rulings on suppression, notices, admissibility of evidence, and venue.
- The Supreme Court of Kentucky affirmed Dunn’s convictions, rejecting the challenges and upholding the trial court’s rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Search and seizure of the condom | Dunn | Constitutional protection of curtilage/open fields | Constitutional search valid; not within curtilage; evidence admitted |
| Bill of particulars | Dunn | Need for more detail and notice | Waived; no reversible error; no due process violation from vagueness of dates |
| KRE 412 evidence of false prior allegation | Dunn seeks hearing and admissibility | Records should be scrutinized; victim protected | No error; no required KRE 412(c)(2) hearing; 104 standard applied and satisfied |
| Exculpatory evidence in psychotherapy records | Dunn seeks all exculpatory records | Two-step Barroso/Bartlett process followed; records not exculpatory | Trial court did not err; records not exculpatory or material to guilt/punishment |
| Change of venue and juror impartiality | Dunn cannot receive fair trial in Montgomery County | Voir dire and trial seated impartial jurors; publicity waned | No abuse of discretion; venue not changed; jury impartial under voir dire |
Key Cases Cited
- Dunn v. United States, 480 U.S. 294 (1987) (open fields doctrine; curtilage factors)
- Oliver v. United States, 466 U.S. 170 (1984) (open fields doctrine beyond curtilage)
- Barroso v. Commonwealth, 122 S.W.3d 554 (Ky. 2003) (psychotherapist-patient privilege vs. exculpatory evidence; Barroso two-step)
- Dennis v. Commonwealth, 306 S.W.3d 466 (Ky. 2010) (demonstrably false standard for prior false allegations under KRE 412)
- Bagley v. United States, 473 U.S. 667 (1985) (material exculpatory evidence standard; discovery)