Elery v. Commonwealth
2012 Ky. LEXIS 87
| Ky. | 2012Background
- Appellant Michael Elery was convicted of murder, tampering with physical evidence, and violating a protective order; life imprisonment without probation or parole imposed.
- McDonald obtained a domestic violence order against Elery prior to the murder.
- Elery and McDonald argued; Elery struck her with a hammer, stabbed her, and choked her into unconsciousness.
- After the murder, Elery tried to conceal the crime, discarded McDonald’s phone, and later confessed to police in Indiana and Kentucky.
- Trial occurred in Jefferson Circuit Court; Commonwealth sought the death penalty, but Elery received life without parole; this appeal follows as a matter of right.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of uncharged-crime statements (KRE 404(b)) | Elery argues statements about another crime were improperly admitted | Commonwealth contends harmless error if any | Harmless error; no reversal warranted |
| Extreme emotional disturbance as element of manslaughter | Elery contends EED improperly included as an element of manslaughter | Commonwealth contends proper instruction under law | Harmless error; not reversable; some instructional error but not prejudicial |
| Reasonable-doubt instruction in murder vs. manslaughter | Elery asserts improper explanation of reasonable doubt relationship | Commonwealth argues instruction was adequate | Error preserved but harmless; did not warrant reversal |
| Exclusion of portable breath test results | Elery sought to introduce PBT results to show intoxication | Commonwealth argues statute limits similar tests in DUI contexts | Harmless error; exclusion did not affect outcome |
| Juror for-cause strike | Elery claims the strike for cause was improper | Commonwealth argues strike was within trial court’s discretion | No abuse of discretion; juror excused for cause |
Key Cases Cited
- Chestnut v. Commonwealth, 250 S.W.3d 288 (Ky. 2008) (harmless-error analysis for improper redaction and evidentiary issues)
- Baze v. Commonwealth, 965 S.W.2d 817 (Ky. 1997) (rejection of fault-based premise of EED as sole determinant; harmless-error approach)
- Sherroan v. Commonwealth, 142 S.W.3d 7 (Ky. 2004) (availability of independent EED instruction upon request)