Eric Lee Anthony v. Commonwealth of Kentucky
2018-SC-0206
| Ky. | Sep 26, 2019Background
- In 2010 Eric Anthony shot Dontae Thompson, pled guilty, served prison time, and was released before the 2016 incident; Thompson was related to two 2016 murder victims.
- On June 21, 2016, at an apartment on Rodman Street, Donte Jefferson and Montae Compton were killed and Ashley Hodges and Craig Ziegler were wounded; several eyewitnesses (Tiffany Funk, Ashley Hodges, Dequandre Brown) identified Anthony as the shooter.
- Anthony initially denied being at the apartment to police, later testified at trial that he acted in self-defense after perceiving Jefferson/Compton reaching for guns.
- Pretrial, Anthony filed a motion to suppress the out-of-court identifications (alleging suggestive procedures); the motion was denied and he later testified.
- Jury convicted Anthony of two counts of wanton murder, assaults, wanton endangerment, and felon-in-possession; life sentence. Appeal challenged: (1) cross-examination about the suppression motion, (2) initial-aggressor jury instruction, and (3) admission of Anthony’s 2010 shooting of Thompson.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Anthony) | Held |
|---|---|---|---|
| Admissibility of cross-examination about Anthony's pretrial motion to suppress eyewitness IDs | Proper impeachment/rebuttal: shows Anthony shifted from denying presence to claiming self-defense and evidences attempts to silence witnesses | Filing was an assertion of constitutional rights; irrelevant to credibility; counsel's tactical decision not imputable to client; penalizes assertion of rights | Majority: Cross-examination admissible to impeach and rebut self-defense (per Coulthard); Concurrence: would exclude as improper but finds any error harmless beyond a reasonable doubt |
| Initial-aggressor jury instruction (KRS 503.060) | Facts supported instruction: Anthony entered armed and shot quickly — jury could find he was initial aggressor and not entitled to self-defense | Instruction improper because Commonwealth’s theory assumes intent to kill preexisting and thus converts to murder, or because evidence did not show Anthony used force first | Trial court did not abuse discretion; initial-aggressor instruction was properly given for all four shootings |
| Admission of 2010 shooting of Dontae Thompson (KRE 404(b)) | Admissible to show motive, hostility, and the dynamic between Anthony and victims’ extended family—relevant to motive/absence of accident | Prior act is unfairly prejudicial and character evidence not admissible to prove propensity | Trial court did not abuse its discretion; evidence relevant to motive/hostility and admissible under 404(b) framework |
Key Cases Cited
- Neil v. Biggers, 409 U.S. 188 (1972) (due-process framework for evaluating suggestive pretrial identifications)
- Perry v. New Hampshire, 565 U.S. 228 (2012) (limits on due-process exclusion of reliable identifications absent police misconduct)
- Coulthard v. Commonwealth, 230 S.W.3d 572 (Ky. 2007) (permitting impeachment with a defendant's own pretrial refusal when probative to rebut self-defense)
- Deno v. Commonwealth, 177 S.W.3d 753 (Ky. 2005) (improper to penalize defendant for asserting constitutional privilege regarding biological specimen)
- Jenkins v. Anderson, 447 U.S. 231 (1980) (permitting impeachment by prior silence once defendant testifies)
- United States v. Robinson, 485 U.S. 25 (1988) (prosecutor's comment on defendant's failure to testify can be a fair response to defense argument)
- Bell v. Commonwealth, 875 S.W.2d 882 (Ky. 1994) (three-prong Bell test applied to admissibility of prior bad acts under KRE 404(b))
- Estep v. Commonwealth, 64 S.W.3d 805 (Ky. 2002) (burden on Commonwealth to disprove self-defense)
- Stepp v. Commonwealth, 608 S.W.2d 371 (Ky. 1980) (trial court must consider whole circumstances when deciding whether to qualify a self-defense instruction)