Hall v. Commonwealth
2015 Ky. LEXIS 1743
| Ky. | 2015Background
- Berry Hall shot and killed Lisa and Alan Tackett from his upstairs bedroom with a .30-06 rifle after a verbal altercation between their families; four Tackett children were inside the house during the shootings.
- At the scene Hall admitted he shot them, was arrested, and later interviewed; he had a history of depression, low intellectual functioning, and had recently started Prozac.
- Commonwealth presented crime-scene video, 43 photos (28 admitted over objection), autopsy testimony/photos, and an “open-line” 911 recording with children audible; defense presented lay and expert testimony on insanity and extreme emotional disturbance (EED).
- Jury convicted Hall guilty but mentally ill of two counts of intentional murder and four counts of first-degree wanton endangerment; sentenced to life without parole (murder) and concurrent terms for wanton endangerment.
- Kentucky Supreme Court reversed convictions and remanded for a new trial because the trial court abused its KRE 403 discretion by admitting an excessive, cumulative set of gruesome photographs that likely prejudiced the jury; it affirmed denial of directed verdicts on wanton-endangerment counts.
Issues
| Issue | Plaintiff's Argument (Commonwealth) | Defendant's Argument (Hall) | Held |
|---|---|---|---|
| Admissibility of 28 gruesome crime-scene/autopsy photos (KRE 403) | Photos relevant to prove corpus delicti and nature of injuries; Commonwealth may choose its proof. | Photos were cumulative, inflammatory, and probative value was substantially outweighed by undue prejudice; trial judge failed to do Rule 403 balancing for each photo. | Reversed convictions; trial court abused discretion by admitting the full set without individualized KRE 403 balancing; new trial ordered. |
| Directed verdicts on four first-degree wanton-endangerment counts | Firing a high-powered rifle through a storm door into an occupied house created substantial danger to the children inside; evidence (weapon, trajectory, 911 audio) sufficed to submit to jury. | Insufficient evidence of children’s locations or that shots endangered them; conviction should be directed verdict acquittal. | Denial of directed verdicts affirmed; evidence (weapon, entry through storm door, one round through porch swing, children audible on 911) permitted reasonable juror to find danger. |
| Admissibility/authentication of “open-line” 911 recording | Recording relevant to show children’s proximity and Hall’s state of mind; authenticated sufficiently for prima facie admissibility. | Recording not properly authenticated (no CAD report, phone not recovered/logged) and unduly prejudicial/misleading. | Recording was properly authenticated and relevant; trial court has discretion on admissibility/redaction on retrial. |
| Admission of prior recorded telephone conversation of victims | Commonwealth argued tape irrelevant/confusing and highly prejudicial. | Defense sought tape to show pattern of provocation by Tacketts. | Trial court properly excluded it under KRE 403 given poor audio quality, low probative value, and high prejudice; exclusion affirmed. |
Key Cases Cited
- Brown v. Commonwealth, 934 S.W.2d 242 (Ky. 1996) (gruesome photos admissible to prove corpus delicti but must be evaluated)
- Funk v. Commonwealth, 842 S.W.2d 476 (Ky. 1992) (gruesome photo rule — gruesomeness alone does not make photo inadmissible)
- Old Chief v. United States, 519 U.S. 172 (U.S. 1997) (probative value must be considered in the full evidentiary context; alternatives affect marginal probative worth)
- Paulley v. Commonwealth, 323 S.W.3d 715 (Ky. 2010) (single gunshot can support multiple wanton-endangerment counts when fired into an occupied home)
- Swan v. Commonwealth, 384 S.W.3d 77 (Ky. 2012) (wanton-endangerment sufficiency depends on evidence of danger and victim location; firing into a house not always dispositive)
- Winstead v. Commonwealth, 283 S.W.3d 678 (Ky. 2009) (harmless-error standard for nonconstitutional evidentiary error)