Hudson v. Commonwealth
2012 Ky. LEXIS 95
Ky.2012Background
- Appellant Kenneth D. Hudson was convicted as an accomplice to murder in Kentucky.
- The Commonwealth pursued a theory of accomplice liability for Olavarria’s death under KRS 502.020(2).
- Hudson sought jury instructions on first- and second-degree manslaughter and reckless homicide; the trial court refused.
- Olavarria was killed at Ghost Bridge; James and Young were the principal shooters, with Hudson in the car.
- A separate shooting of Marbury in Tennessee tied James and Young to the case and was admitted at trial.
- Hudson argues the Tennessee shooting and gang evidence were irrelevant or unduly prejudicial; the court upheld admissibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court correctly refused lesser offense instructions | Hudson | Hudson | No reversible error; instructions not supported by evidence |
| Whether second-degree manslaughter/reckless homicide instructions were warranted | Hudson urged inclusion based on recklessness/indifference | Commonwealth | Rejected; conduct implied aggravated wantonness and extreme indifference |
| Whether Tennessee Marbury shooting and gang activity evidence was admissible | Hudson | Hudson | Admissible; probative for motive and context; not unduly prejudicial |
Key Cases Cited
- Harper v. Commonwealth, 43 S.W.3d 261 (Ky. 2001) (accomplice liability may differ from principal liability)
- Tharp v. Commonwealth, 40 S.W.3d 356 (Ky. 2000) (reciprocal liability in complicity; elements of homicide offenses)
- Houston v. Commonwealth, 975 S.W.2d 925 (Ky. 1998) (standard for lesser included offenses when evidence supports)