Kerr v. Commonwealth
2013 Ky. LEXIS 287
| Ky. | 2013Background
- Kerr was convicted of first-degree trafficking (second offense), second-degree trafficking, and being a first-degree Persistent Felony Offender (PFO 1).
- An anonymous tip and outstanding warrants led investigators to surveil Kerr at Pinehurst Lodge; a blue duffel bag with pills was later found in his room.
- Three visitors to Kerr’s room and Kerr himself were observed; Kerr was arrested after the officers knocked and Kerr opened the door, with Stephanie Sharp present.
- A cash amount, a crack pipe, powder residue, scales, and baggies were found in Kerr’s room; a trial court granted a directed verdict on alprazolam trafficking and the jury returned guilty verdicts on other counts.
- Kerr moved in limine to exclude the anonymous tip and warrants; evidence of both was admitted to varying extents; the jury recommended sentences totaling fifty years (first-degree trafficking with PFO enhancement) and twenty years (second-degree trafficking with PFO).
- The court of appeals reversed Kerr’s convictions and sentences due to the erroneous admission of hearsay from the anonymous tip and remanded for retrial; the protective-sweep/search issues were addressed but the primary reversal flowed from hearsay error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the anonymous tip was admissible as hearsay | Kerr | Kerr | Reversed due to inadmissible hearsay |
| Whether the arrest-warrant evidence was properly admitted under KRE 404(b) and/or 403 | Kerr | Kerr | Arrest-warrant evidence properly admitted; not reversible on this basis |
| Whether the search of Kerr’s guest bedroom was lawful under Fourth Amendment exceptions | Kerr | Kerr | Search lawful under protective sweep and plain-view; suppression denied |
| Whether the cumulative evidentiary errors require reversal of convictions | Kerr | Kerr | Convictions reversed due to hearsay error; remand allowed |
Key Cases Cited
- Gordon v. Commonwealth, 916 S.W.2d 176 (Ky. 1995) (contextual purposes for innocence; legitimate explanation of police motive)
- Clark v. Commonwealth, 267 S.W.3d 668 (Ky. 2008) (inextricably intertwined evidence to complete the story of the crime)
- LaDue, 561 F.3d 855 (8th Cir. 2009) (background or context essential to understand the crime; not improper to provide context)
- Maryland v. Buie, 494 U.S. 325 (U.S. 1990) (protective sweeps allowed post-arrest for safety)
- Payton v. New York, 445 U.S. 573 (U.S. 1980) (arrest in residence limitations and related search implications)