Lackey v. Commonwealth
2015 Ky. LEXIS 1753
| Ky. | 2015Background
- Lackey, a paroled felon, was summoned to his parole officer’s office and told by voicemail to report for a parole violation relating to termination from a drug program.
- Upon reporting, a police officer, at the parole officer’s direction, handcuffed and arrested Lackey; the officer removed handcuffs to adjust them and then removed the right cuff as well.
- Lackey was not told he was free to leave; immediately after cuffs were removed he attempted to flee, resisted an officer’s physical attempts to stop him, and ran from the office to a nearby creek before being captured later by police.
- He was charged with multiple offenses; the jury convicted him of second-degree escape and found him to be a first-degree persistent felony offender; other charges were acquitted or dropped.
- Trial court adopted the jury’s recommendation, enhancing a 5-year escape sentence to 20 years under the persistent-felony-offender finding; Lackey appealed.
Issues
| Issue | Plaintiff's Argument (Lackey) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Whether evidence was insufficient to deny directed verdict on second-degree escape | Lackey: not in custody when cuffs removed; not currently serving a felony sentence because on parole | Commonwealth: custody includes legal control beyond physical restraint; parolees are still serving sentences | Court: Affirmed—sufficient evidence that Lackey was in custody and on parole for a felony; denial of directed verdict proper |
| Whether third-degree escape instruction (lesser-included) should have been given | Lackey: jury might have concluded he was not serving a felony sentence, meriting third-degree instruction | Commonwealth: evidence showed custody + serving felony sentence; only dispute was degree (force) | Court: Refused instruction—no evidence supporting third-degree escape; trial court did not err |
Key Cases Cited
- Stroud v. Commonwealth, 922 S.W.2d 382 (Ky. 1996) (accepts constructive custody like home incarceration for escape statutes)
- Lawton v. Commonwealth, 354 S.W.3d 565 (Ky. 2011) (parolee custody and escape context)
- Collins v. Commonwealth, 821 S.W.2d 488 (Ky. 1991) (requirements for lesser-included instruction)
- Swift v. Commonwealth, 237 S.W.3d 193 (Ky. 2007) (jury instruction standards and abuse-of-discretion review)
- Benham v. Commonwealth, 816 S.W.2d 186 (Ky. 1991) (standards for directed verdict review)
- Samson v. California, 547 U.S. 843 (2006) (parole as conditional release; restraint incidental to parole)