Hall v. Commonwealth
2011 Ky. LEXIS 50
| Ky. | 2011Background
- Hall was convicted of second-degree manslaughter, first-degree assault, first-degree burglary, and first-degree robbery; aggregate 45-year sentence.
- He participated in planning a drug-related burglary/robbery to obtain money; a gun was involved and a victim was killed, another injured.
- Trial showed Hall drove the gunman to the scene and took money; he allegedly provided the gun and stayed at the scene under coercion.
- Jury was instructed on first-degree assault as a lesser-included offense of attempted murder; requests for facilitation instructions were denied.
- Indictment charged attempted wanton murder; other issues included hearsay handling, juror issues, prosecutorial questions, and penalty-phase arguments.
- Court reversed one conviction (first-degree assault) and remanded; affirmed other convictions and remanded for conformity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indictment for attempted wanton murder as illogical/not existent | Hall contends indictment misstates a non-existent offense. | Commonwealth argues indictment defects harmless; Hall not prejudiced. | Illogical charge; reversal not warranted for other convictions; harmless error review applied. |
| Allowing full joint interview play as hearsay | Hall sought the whole joint interview to show Dixon as manipulator. | Full interview was necessary to present defense; hearsay concerns should not bar it. | No abuse; non-hearsay portions permitted; trial court acted within discretion. |
| Prosecutor's asking witnesses if others were lying | Questions about lying harmed fairness. | Campaign for error avoidance; defense was not prejudiced. | No palpable error; not reversible misconduct given overall trial fairness. |
| First-degree assault as a lesser-included offense of attempted murder under Perry | Perry allows a fact-based approach; first-degree assault can be included. | Perry should be reconsidered; strict elements test may apply. | Perry remains good law; fact-based approach retained; first-degree assault can be a lesser-included offense under appropriate facts. |
| Facilitation to assault instruction denied | Evidence supported a facilitation to assault instruction as a lesser-included offense of complicity to assault. | No sufficient basis; defendant denied knowledge; no facilitation instruction warranted. | Trial court erred in denying facilitation to assault instruction; reversed as to first-degree assault. |
Key Cases Cited
- Perry v. Commonwealth, 839 S.W.2d 268 (Ky. 1992) (strict statutory elements approach rejected; fact-based lesser-included offense inquiry upheld)
- Holland v. Commonwealth, 114 S.W.3d 792 (Ky. 2003) (dicta on assault's status as lesser-included offense cited in Perry discussion)
- Day v. Commonwealth, 983 S.W.2d 505 (Ky. 1999) (defines lesser-included offense and approach to reasoning under KRS 505.020(2))
- Dixon v. Commonwealth, 263 S.W.3d 583 (Ky. 2008) (facilitation instruction warranted if supported by evidence)
- Thompkins v. Commonwealth, 54 S.W.3d 147 (Ky. 2001) (lesser-included instruction appropriate only if reasonable doubt on greater offense exists)