Henderson v. Commonwealth
2014 Ky. LEXIS 336
Ky.2014Background
- Henderson was convicted of possession of a handgun by a convicted felon and pled guilty to related charges, receiving twelve years total without jury sentencing.
- Henderson sought to introduce prior-bad-acts evidence and Harris’s hearsay testimony; the trial court excluded both.
- Court of Appeals affirmed; held the issue was not properly preserved under KRE 103(a)(2) and that hearsay exclusion would be cumulative if admitted.
- This Court granted discretionary review to assess whether counsel’s offer-of-proof sufficiently preserved the prior-bad-acts issue.
- Factual scene: Henderson confronted Donnie Harris at a nightclub; later, a gun (or object) was discarded in the vehicle; police later recovered a pistol and marijuana.
- Henderson’s challenge focuses on whether the offer of proof adequately described the excluded testimony to preserve the error for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of prior-bad-acts ruling | Henderson argues offer of proof sufficed to preserve. | Henderson contends description was insufficient as to substance. | Court affirmed; offer of proof insufficient to preserve. |
| Harmlessness of Harris hearsay exclusion | Henderson contends exclusion violated right to present complete defense. | Commonwealth contends error, if any, was harmless. | Exclusion deemed harmless; conviction and sentence affirmed. |
| Effect of KRE 103(a)(2) amendments on preservation | Counsel should be able to describe substance loosely under new rule. | Precise substance still required for meaningful review. | Amendments require some indication of substance; record here was insufficient. |
Key Cases Cited
- Weaver v. Commonwealth, 298 S.W.3d 851 (Ky. 2009) (adequate offer of proof despite imprecise terminology when content known to court)
- United States v. Ganier, 468 F.3d 920 (6th Cir. 2006) (detailed offer (copies of reports) preserves evidentiary challenge)
- Kennedy v. Commonwealth, 544 S.W.2d 219 (Ky. 1976) (preservation and evidentiary review principles)
- Weaver v. Commonwealth, 298 S.W.3d 851 (Ky. 2009) (see above)
- Henson v. Commonwealth, 20 S.W.3d 466 (Ky. 1999) (trial-not-raised errors not reviewable on appeal)