Joshua Hammond v. Commonwealth of Kentucky
504 S.W.3d 44
| Ky. | 2016Background
- Hammond and two companions traveled to buy Percocet, then planned to rob Charles Monroe; Hammond was the leader and armed the group with a baton, brass knuckles, a knife, and a BB pistol.
- Monroe was lured into Hammond’s truck; Hammond struck Monroe with a police baton, Monroe was restrained in a chokehold, stripped, robbed of pills and cash, and left on the roadside.
- Monroe died; medical testimony attributed death to asphyxiation (likely from the chokehold); the examiner could not rule out throat injury from a baton but found the head wounds superficial.
- Hammond was convicted by a jury of first degree robbery, first degree assault, reckless homicide, and tampering with physical evidence; sentencing: concurrent 20-year terms for robbery and assault, consecutive 5-year terms for homicide and tampering (total 25 years).
- On appeal Hammond raised: prejudicial courtroom attire (victim-support t‑shirts), assault-merger/insufficiency, trial court refusal to strike four jurors for cause, denial of voluntary-intoxication instruction and expert, and denial of duress instruction. The Court affirmed convictions except it reversed the first degree assault conviction and remanded for entry of judgment consistent with that reversal.
Issues
| Issue | Hammond's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Courtroom victim-support t‑shirts/mistrial | T‑shirts displayed victim image/slogan intimidated jury and denied fair trial | Spectators have First Amendment right; no evidence jurors saw or were prejudiced | Trial court did not abuse discretion; no demonstrated juror exposure or actual prejudice; mistrial denied |
| First degree assault conviction (merger/insufficiency) | Assault merged into homicide because the single fatal injury (throat) cannot support both assault and homicide; alternatively evidence insufficient to prove a separate "serious physical injury" from head blows | Assault could be supported by separate serious head injury inflicted by baton | Reversed assault conviction: medical evidence showed head injuries were superficial and not a statutory "serious physical injury," so assault merged into homicide or was unsupported |
| Denial of motions to strike jurors for cause (T.W., G.I., J.S., P.J.) | Several veniremembers had connections/sympathies creating bias (police ties, sympathy, drug-related trauma, correctional officer relative) | Connections/sympathies did not demonstrate inability to be fair; jurors affirmed impartiality | No abuse of discretion in denying strikes; totality of voir dire supported juror qualifications |
| Denial of voluntary-intoxication instruction and expert | Hammond was heavily intoxicated (percocet/valium) so intoxication could negate requisite intent; expert testimony would support instruction | Evidence of purposeful, goal-directed acts showed capacity to form intent; expert not necessary | Trial court did not abuse discretion in refusing instruction or expert; evidence did not show intoxication negated intent |
| Denial of duress instruction | Hammond claimed threats/knife coercion by co-defendants compelled his participation | Hammond had multiple opportunities to avoid participation (not return to truck, notify police, inform Monroe) — could reasonably resist | Duress instruction not warranted; a reasonable person in Hammond’s position could have resisted, so instruction properly denied |
Key Cases Cited
- Carey v. Musladin, 549 U.S. 70 (private spectator attire is an open question re: automatic prejudice)
- Allen v. Commonwealth, 286 S.W.3d 221 (Ky. 2009) (trial-court inquiry: require showing of tangible prejudice from spectator displays)
- Coulthard v. Commonwealth, 230 S.W.3d 572 (Ky. 2007) (no reversal without showing jury exposure/prejudice from victim-support displays)
- Shouse v. Commonwealth, 481 S.W.3d 480 (Ky. 2015) (assault merged into homicide where the same serious physical injury resulted in death)
- Hart v. Commonwealth, 116 S.W.3d 481 (Ky. 2003) (court will not presume prejudice from a silent record)
- Harris v. Commonwealth, 313 S.W.3d 40 (Ky. 2010) (requirements for voluntary-intoxication instruction)
- McGuire v. Commonwealth, 885 S.W.2d 931 (Ky. 1994) (intoxication defense standards)
- Johnson v. Commonwealth, 405 S.W.3d 439 (Ky. 2013) (unanimity rule referenced as potential concern when jury verdicts rest on the same injury)