Galloway v. Commonwealth, 424 S.W.3d 921

Galloway and Sexton cohabited starting in 2011; Galloway helped Sexton get a Sun Products job in 2011.
Galloway allegedly assaulted Sexton during and after a June 2011 incident, resulting in facial injuries, car struggle, broken items, and a footprint on a car window.
Sexton testified that Galloway forced her to perform oral sex, raped her again, threatened with a knife, and later manipulated circumstances to appear as a robbery.
At the hospital, Galloway gave a taped interview denying repeated assaults; the Commonwealth played it at trial.
The trial was trifurcated: Phase 1—guilt on rape, sodomy, and assault; Phase 2—fourth-degree assault, third offense; Phase 3—penalty phase; total sentence 45 years.
On appeal, the court affirmed in part, reversed in part, vacated in part, and remanded for sentencing and court-cost considerations.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sodomy conviction sufficiency	Galloway argues insufficient evidence for forcible oral sex.	Galloway contends the evidence does not show deviate sexual intercourse.	Evidence suffices; lips/teeth qualify as mouth for deviate intercourse.
Fourth-degree assault, third offense proof	Lisle requires identity and relationship between victim and defendant;	Commonwealth relied on domestic-violence label without proving victim relationship.	Directed verdict required; error for lack of proof of victim identity/relationship; conviction stands but remedy limited.
Custody for Miranda voluntariness	Statement was given in custody and Miranda warnings were required.	Record insufficient to establish custody; trial strategy concerns barred palpable error review.	No custody established; palpable error review denied.
Detective Davis testimony on mattress slits	Lay/expert foundation for knife-slit evidence lacking.	Possible knife indentified only on cross-examination; properly elicited.	No reversible error; the testimony was elicited by cross-examination.
Court costs imposition	Costs should be vacated due to poor-person status not properly determined.	Reserves issue; may cure sentencing error under inherent jurisdiction.	Remand to determine if Galloway is a 'poor person' under KRS 453.190(2) and KRS 23A.205; costs potentially improper.

Lisle v. Commonwealth, 290 S.W.3d 675 (Ky.App.2009) (prior family-violence convictions are elements requiring proof of victim relation)
Mullikan v. Commonwealth, 341 S.W.3d 99 (Ky.2011) (limit evidence of prior offenses to elements of crimes)
Commonwealth v. Lucas, 195 S.W.3d 403 (Ky.2006) (custody and Miranda analysis; voluntariness burden on Commonwealth)
Grady v. Commonwealth, 325 S.W.3d 333 (Ky.2010) (voluntariness standard for incriminating statements; pre-trial challenge required)
Maynes v. Commonwealth, 361 S.W.3d 922 (Ky.2012) (needy/poor-person status; court costs exemption considerations)
Burks v. United States, 437 U.S. 1 (U.S. 1978) (double jeopardy guidance for retrial after insufficiency)