John Fairley III v. Commonwealth of Kentucky
2017 Ky. LEXIS 422
| Ky. | 2017Background
- Victim Charles Page was attacked during an attempted robbery in Hopkinsville; assailant struck him with a handgun, causing serious head and facial injuries.
- Tips and GPS monitoring placed John Fairley III near the scene at the time; he was wearing a court-ordered ankle GPS.
- Police later found a firearm (reported stolen) about a foot from Fairley in a car; blue Malibu tied to Fairley’s mother contained blood matching Page and quantities of cocaine and marijuana.
- Forensic DNA linked blood on the firearm, car door handle, and socks to Page.
- Jury convicted Fairley of first-degree robbery, receiving stolen property (firearm), first-degree possession of a controlled substance (while armed), and possession of marijuana (while armed); sentenced to concurrent terms totaling 20 years.
- On appeal Fairley challenged: (1) admission of an in-court identification by Page; (2) denial of a jury instruction on facilitation to first-degree robbery; and raised unpreserved claims (3) insufficient evidence for receiving a stolen firearm and (4) improper impeachment with a prior assault.
Issues
| Issue | Plaintiff's Argument (Fairley) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Admissibility of in-court identification | Pretrial photo array failed to produce ID so in-court ID should be barred or require Biggers hearing | In-court ID allowable; cross-examination and jury assessment suffice | Court affirmed: in-court ID admissible; Biggers not extended to in-court IDs; trial safeguards adequate |
| Jury instruction on facilitation to first-degree robbery | Requested facilitation instruction based on Fairley’s claim he drove assailant away | Commonwealth argued evidence showed assault not knowledge of robbery, so no basis for facilitation | Court affirmed denial: no evidence Fairley knew robbery was occurring, so instruction not warranted |
| Sufficiency of evidence for receiving stolen firearm (palpable error review) | Fifteen-month gap between theft and recovery defeats presumption of guilty knowledge; no proof Fairley knew the gun was stolen | Firearm was stolen per NCIC; gun found within inches of Fairley; his evasive testimony supported inference of knowledge | Court declined palpable error relief: evidence supported conviction; no manifest injustice shown |
| Commonwealth’s cross-examination about a prior assault (palpable error review) | Prosecutor impermissibly elicited specific bad-act evidence about an assault | Commonwealth contends Fairley opened the door by claiming to be a “nice” person | Court: questioning was improper but not palpable error given briefness and substantial other evidence of guilt |
Key Cases Cited
- Neil v. Biggers, 409 U.S. 188 (1972) (factors for evaluating reliability of identification after suggestive pretrial procedures)
- Manson v. Brathwaite, 432 U.S. 98 (1977) (reliability standard for eyewitness identification)
- Stovall v. Denno, 388 U.S. 293 (1967) (addressing fairness of identification procedures under due process)
- Perry v. New Hampshire, 565 U.S. 228 (2012) (limits Biggers prescreening to identifications resulting from police-arranged suggestive procedures; trial safeguards and cross-examination suffice for in-court IDs)
- Kennaugh v. Miller, 289 F.3d 36 (2d Cir. 2002) (discusses whether Biggers must be applied to in-court identifications and obligations of state courts)
- Wilson v. Commonwealth, 695 S.W.2d 854 (Ky. 1985) (Kentucky summary of Biggers two-step test)