Kevin Franklin v. Commonwealth of Kentucky, 2016 SC 000330

On May 10, 2014 Nicholas "Nick" Baker was shot and later died; Kevin Franklin was charged with murder and tampering with physical evidence. A Jefferson County jury convicted Franklin and he was sentenced to 30 years. Franklin appealed.
Eyewitness Edward Jumper testified that Franklin left, said “That’s the man I got to get,” shots were heard, Franklin returned and allegedly handed a gun to Walter Bald, then hid in the trunk of his mother’s car and was driven away.
Walter Bald led police to a firearm found in a tree stump; forensic testing matched the gun to shell casings at the scene and the bullet in Baker’s body.
Police seized a white Apple iPhone from Franklin at arrest; Detective Miracle obtained a warrant to search the phone and forensic phone evidence was admitted at trial after a denied suppression motion.
During trial a juror failed to disclose prior involvement with the Commonwealth’s office (her slain son’s prosecution by that office); she was dismissed but the court denied a defense motion for mistrial.
Bald testified inconsistently: he initially claimed lack of memory and refused to review his prior interview, later recalled events on cross, then again professed inability to remember; the Commonwealth admitted his recorded prior interview as a prior inconsistent statement under KRE 801A/613.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Admissibility of phone evidence (suppression)	Commonwealth: affidavit established probable cause to search phone; warrant obtained in good faith	Franklin: affidavit insufficient to show probable cause to search phone	Court: Probable cause sufficiently shown; in any event good-faith exception applies — denial of suppression affirmed
2. Motion for mistrial after juror nondisclosure	Commonwealth: alerted court promptly and juror should be struck; remaining jury impartial	Franklin: nondisclosure required mistrial as it tainted jury impartiality	Court: Denial not an abuse of discretion; juror dismissed and no showing of manifest necessity for mistrial
3. Limitation on cross-examining Jumper about prosecution coaching	Commonwealth: limits proper where questions lack foundation or are harassing	Franklin: exclusion violated confrontation rights to show witness bias/coaching	Court: Trial court acted within discretion; defense had broad effective cross-examination; any error harmless
4. Admission of Bald’s recorded prior statement without strict KRE 613 compliance	Commonwealth: complied as best could; offered witness opportunity repeatedly and read specifics; witness refused to review	Franklin: Commonwealth failed to strictly lay KRE 613 foundation and authenticate prior statements	Court: Foundation sufficient given Bald’s repeated refusal to review and hostility; admission proper; no reversible error

Illinois v. Gates, 462 U.S. 213 (probable cause assessed by totality of circumstances)
United States v. Leon, 468 U.S. 897 (good-faith exception to suppression for deficient warrants)
Riley v. California, 134 S. Ct. 2473 (cell‑phone searches generally require a warrant)
Olden v. Kentucky, 488 U.S. 227 (Confrontation Clause limits on cross‑examination to expose witness bias)
United States v. Owens, 484 U.S. 554 (admission of recorded testimony where witness memory loss exists)
Wiley v. Commonwealth, 348 S.W.3d 570 (treatment of ostensibly forgetful witnesses and prior inconsistent statements)
Noel v. Commonwealth, 76 S.W.3d 923 (strict compliance with KRE 613 foundation requirements)
Woodard v. Commonwealth, 147 S.W.3d 63 (standard of review and discretion for mistrial motions)