Jackson v. Commonwealth, 2016 Ky. LEXIS 10

Jackson, a heroin dealer, went to Michael Chester’s apartment to collect payment for previously fronted heroin; an argument and physical struggle ensued and Chester was shot.
Ashley Chester heard the quarrel, heard a gunshot, and saw Jackson standing over Chester with his right hand in his coat pocket; a box cutter was nearby.
Jackson claimed self-defense, testifying Chester attacked him with what he believed was a pocket knife; he fled after the shooting.
Jury acquitted Jackson of murder but convicted him of first-degree manslaughter and recommended the maximum 20-year sentence.
At trial the court gave a self-defense instruction but refused Jackson’s requested “no duty to retreat” instruction; court admitted a summary of Jackson’s juvenile robbery adjudication during sentencing.
On appeal Jackson argued (1) the court erred by refusing the no-duty-to-retreat instruction, (2) admitting juvenile adjudication evidence at penalty was error, and (3) the statute authorizing that evidence (KRS 532.055(2)(a)6) is an unconstitutional encroachment on judicial prerogatives.

Issue	Jackson's Argument	Commonwealth's Argument	Held
Whether court erred by refusing a KRS 503.055(3) "no duty to retreat" instruction	Jackson: He was an invitee collecting payment and thus entitled to stand his ground	Commonwealth: Jackson was engaged in unlawful activity (drug sale/collection) so statute does not apply	Held: No error — Jackson was engaged in unlawful activity (collecting payment for heroin) and therefore not entitled to the instruction
Admissibility of juvenile adjudication in penalty phase	Jackson: Commonwealth should have introduced authenticated juvenile records; paralegal summary prejudiced jury and equated adjudication with conviction	Commonwealth: KRS 532.055(2)(a)6 permits admission; paralegal’s testimony matched official record and did not unduly prejudice	Held: No palpable error — admission proper under statute; no showing of prejudice and issue was unpreserved at trial
Constitutionality of KRS 532.055(2)(a)6 (separation of powers)	Jackson: Statute unlawfully encroaches on judiciary; comity should be withdrawn	Commonwealth: Court previously granted comity to the statute; statute remains subject to evidentiary rules and KRE 403 discretion	Held: Court declines to withdraw prior comity; statute remains operative and admissibility is subject to Rules of Evidence

Commonwealth v. Hasch, 421 S.W.3d 349 (Ky. 2013) (approving a ‘‘no duty to retreat’’ instruction when statutory conditions are met)
Mangrum v. Commonwealth, 674 S.W.2d 957 (Ky. 1984) (collecting payment as part of unlawful drug sale supports criminal liability)
Commonwealth v. Reneer, 734 S.W.2d 794 (Ky. 1987) (finding KRS 532.055 conflicted with separation of powers but granting comity to the statute)
Manns v. Commonwealth, 80 S.W.3d 439 (Ky. 2002) (extending comity to KRS 532.055(2)(a)6 with limited exceptions)
Baumia v. Commonwealth, 402 S.W.3d 530 (Ky. 2013) (standards for reviewing unpreserved error under RCr 10.26)