404 S.W.3d 859
Ky.2013Background
- Appellant Reginald L. Grider was indicted in December 2011 for murder and first-degree robbery in Jefferson County, Kentucky.
- Gomez was killed during an alleged planned robbery by Grider with Crystal Gordon and Damon Phelps; Grider claims accidental shooting during a confrontation.
- Gordon and Phelps testified Grider conceived the robbery plan; Gordon described Grider shooting Gomez while she blocked the door.
- Grider was 16 at the time and tried as a youthful offender; jury found him guilty of murder, first-degree robbery, and intimidating a participant in the legal process, sentencing him to life imprisonment.
- Appellant challenged jury selection (juror 624855) and various sentencing procedures; issues on RCr 9.40 and the LWOP-25 framework were raised on appeal.
- The court affirmed the Jefferson Circuit Court’s judgment and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in not striking Juror 624855 for cause | Grider | Grider | No abuse of discretion; juror impartial based on total circumstances. |
| Whether RCr 9.40 is constitutionally valid and properly promulgated | Grider | Grider | Issue unpreserved; not addressed on appeal. |
| Whether the jury could consider aggravating circumstances and impose LWOP-25 for a juvenile | Grider | Grider | Statutory framework allows aggravation and LWOP-25 for juveniles; proper sentencing procedure followed. |
| Whether presentencing procedures under KRS 532.025 apply when death penalty is not eligible | Grider | Grider | Presentencing procedures applicable; court instructed aggravators and allowed LWOP-25 under statute. |
Key Cases Cited
- Commonwealth v. Lewis, 903 S.W.2d 524 (Ky. 1995) (juror-for-cause standard; totality of circumstances)
- Fugett v. Commonwealth, 250 S.W.3d 604 (Ky. 2008) (juror bias; non-bias evidence sufficient for not striking)
- Adventist Health Systems/Sunbelt Health Care Corp. v. Trude, 880 S.W.2d 539 (Ky. 1994) (mandatory notice for statute validity challenges)
- Benet v. Commonwealth, 253 S.W.3d 528 (Ky. 2008) (appeals-based constitutional challenges must be properly preserved)
- Cummings v. Commonwealth, 226 S.W.3d 62 (Ky. 2007) (sentencing issues may be raised on appeal)