Johnathan Young v. Commonwealth of Kentucky
2016 SC 000050
| Ky. | Feb 14, 2017Background
- On August 26, 2010, Thomas Max Martin's house was found burning and Martin was discovered dead; autopsy showed two fatal gunshot wounds to the head.
- Investigation identified Jesse Parke and Johnathan Young as suspects; Young was originally convicted of murder, first-degree robbery, and second-degree arson and sentenced to 65 years.
- This Court reversed Young's first conviction and vacated his sentence based on improper jury instructions (Young v. Commonwealth). Young was retried and convicted of complicity to murder, complicity to second-degree arson, and complicity to theft under $500, and sentenced to 25 years.
- At the retrial, each day the bailiff opened court with: “All Rise: Circuit Court is now in session, Judge David Williams presiding. Please bow with me for a moment of silent prayer.” The invocation occurred in the jury’s presence.
- Young appealed, arguing the prayer violated the Establishment Clause; the claim was unpreserved, so the Court reviewed for palpable error and whether the prayers substantially impaired trial fairness.
- The Court found the evidence against Young strong (two jury convictions), noted Young’s own reliance on religion during the penalty phase, and concluded the brief silent prayers did not impair trial fairness; affirmed the conviction.
Issues
| Issue | Young's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Whether the bailiff’s daily silent prayer violated the Establishment Clause and required reversal | The invocation of prayer in front of the jury was improper and warrants reversal | The claim was unpreserved; under palpable-error review the prayers did not substantially impair trial fairness given strong evidence and no showing of prejudice | No palpable error; prayers did not impair fairness; conviction affirmed |
Key Cases Cited
- Young v. Commonwealth, 426 S.W.3d 577 (Ky. 2014) (prior reversal of Young’s earlier conviction for improper jury instructions)
- McCleery v. Commonwealth, 410 S.W.3d 597 (Ky. 2013) (palpable-error standard for unpreserved claims)
- Walker v. Commonwealth, 349 S.W.3d 307 (Ky. 2011) (unpreserved constitutional errors reviewed for palpable error)
- Bates v. Sec’y, Fla. Dep’t of Corr., 768 F.3d 1278 (11th Cir. 2014) (Establishment Clause at trial does not automatically entitle defendant to relief; focus is whether religious features substantially impaired fairness)
- United States v. Walker, 696 F.2d 277 (4th Cir. 1982) (reversal for trial prayer is required only if the prayer’s content substantially impaired trial fairness)