Goben v. Commonwealth
2016 Ky. LEXIS 630
| Ky. | 2016Background
- Kenneth Goben was convicted in Jefferson Circuit Court of manufacturing methamphetamine and first-degree trafficking; jury found him a first-degree persistent felony offender and recommended life (manufacturing) and 20 years (trafficking).
- Police responded to a possible stabbing at Goben’s apartment complex (Aug 16, 2009); officers found a seriously injured Goben in the parking lot, a lighted apartment door ajar, and a trail of blood/debris leading to apartment 18. Officers made a brief warrantless entry, observed drug evidence in plain view, obtained a search warrant, and seized meth lab materials and later items from a storage locker (including rifles).
- Goben was separately charged for a Dec. 2009 incident; the Commonwealth tried the Dec. 2009 case first, delaying the Aug. 2009 prosecution. Multiple counsel changes, plea discussions, and scheduling mishaps extended the August-case timeline; trial on the Aug. 2009 charges occurred in Sept. 2014.
- Goben raised: (1) federal and state speedy-trial violations (constitutional and statutory KRS 500.110), (2) Fourth Amendment challenge to warrantless apartment entry, (3) evidentiary objections (investigative hearsay, firearm evidence, and admission of a not-yet-final prior conviction at penalty phase), and (4) a sentencing form error stating consecutive service.
- The trial court denied suppression and overruled the evidentiary objections at trial; this appeal affirms the convictions but orders the judgment amended to state the 20-year sentence runs concurrently with the life term.
Issues
| Issue | Goben's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Constitutional speedy trial (Barker factors) | Nearly five-year delay (indictment/arrest to trial), many counsel changes, and lack of prejudice showing still violated Sixth/Section 11 rights | Delay largely attributable to Commonwealth’s valid decision to try Dec. 2009 case first, plus periods attributable to Goben or valid reasons; no meaningful prejudice shown | No constitutional speedy-trial violation; Barker factors weigh for Commonwealth |
| Statutory speedy trial (KRS 500.110) | Trial began ~30 days after 180-day KRS deadline; dismissal required | Court had good-cause reasons (jury contamination and counsel scheduling); continuance was reasonable under statute | No violation; brief statutory overrun was reasonable and permissible |
| Warrantless entry of apartment (Fourth Amendment / Sec.10) | Entry was unreasonable; plain-view observations flowed from unlawful entry | Emergency-aid exigency justified brief warrantless entry to check for additional victims; plain-view observations valid | Entry lawful under emergency-aid exception; suppression denial affirmed |
| Evidentiary issues: (a) detective’s investigative hearsay (b) admission of rifles (c) use of not‑yet‑final Oct. 2013 conviction in penalty phase | (a) Healy’s repetition of Tilford/Taylor statements was hearsay and violated Confrontation/hearsay rules. (b) Rifles were irrelevant and inflammatory. (c) Use of non-final conviction improper. | (a) Error harmless because declarant (Taylor) testified and her statement was before jury. (b) Rifles were relevant to trafficking (expert testimony); KRE 403 not invoked. (c) Defense ‘opened the door’ by referencing the other sentence; trial court discretion. | (a) Hearsay error was harmless beyond a reasonable doubt. (b) Admission not reversible or palpably erroneous given overwhelming evidence. (c) No manifest injustice; penalty-phase use permitted in context; not reversible. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (establishing four-factor speedy-trial balancing test)
- Doggett v. United States, 505 U.S. 647 (presumptive prejudice from long post-accusation delay; weight of negligent delay)
- Brigham City v. Stuart, 547 U.S. 398 (emergency-aid exception permits warrantless home entry to render aid/protect occupants)
- Michigan v. Fisher, 558 U.S. 45 (objective basis for believing emergency aid needed; no requirement of ironclad proof)
- Mabe v. Commonwealth, 884 S.W.2d 668 (Kentucky rule: no sentence may run consecutively to a life sentence)