Martin v. Commonwealth
456 S.W.3d 1
| Ky. | 2015Background
- Martin convicted by jury on 14 counts of first-degree unlawful transaction with a minor, 14 counts of incest, and single counts of use of a minor in a sexual performance, complicity to tampering with a witness, and complicity to tampering with physical evidence; jury recommended and trial court imposed 580 years; sentence violated consecutive-sentence cap in KRS 532.110; conviction for Indictment Nos. ll-CR-00061 and 12-CR-00060 later reversed; complicity convictions (Indictment No. 13-CR-00019) affirmed; retrial contemplated for remaining issues; Sally’s trial testimony included detailed accounts and notes; trial court improperly omitted KRS 532.110 cap instructions and relied on “Offender Records” to fix sentencing; appeal focuses on unanimity errors, sentencing cap instruction, and use of notes during testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unanimous-verdict violation for multiple counts | Martin | Commonwealth | Convictions for Indictment ll-CR-00061 and 12-CR-00060 reversed due to palpable unanimous-verdict error |
| Need for instruction on 70-year cap under KRS 532.110(l)(c) | Martin | Commonwealth | Remand for retrial with proper cap instruction; compacity convictions unaffected; sentencing error acknowledged but not reviewing as to complicity counts |
| Effect of Sally's notes during testimony | Martin | Commonwealth | Notes admissible on retrial if proper foundation laid under KRE 612; use to refresh memory allowed; not grounds to reverse complicity convictions |
| Foundation for notes per incident | Martin | Commonwealth | General foundation sufficient; incident-by-incident foundation not required; caution to avoid verbatim reading at retrial |
Key Cases Cited
- Johnson v. Commonwealth, 405 S.W.3d 439 (Ky. 2013) (unanimity violation may be palpable error; due process implications)
- Kingrey v. Commonwealth, 396 S.W.3d 831 (Ky. 2013) (unity of verdict rights; palpable-error framework reaffirmed)
- Martin v. Commonwealth, 207 S.W.3d 1 (Ky. 2006) (palpable error standard and manifest-injustice framework; unanimous-verdict errors reversible)
- Allen v. Commonwealth, 286 S.W.3d 221 (Ky. 2009) (guidance on retrial conduct and sentencing-cap considerations)