414 S.W.3d 1
Ky.2013Background
- Jeffrey McGaha admitted shooting neighbor Mike Cowan after first striking him with his car; McGaha claimed self-defense.
- Prior disputes between neighbors involved spotlights and prior arrests; Cowan had been belligerent the night before.
- Jury rejected self‑defense, convicted McGaha of murder, and recommended a 20‑year sentence; judgment entered and post‑trial motions denied.
- Post‑trial McGaha discovered a seated juror (Juror 234) was Facebook "friends" with the victim’s wife and argued nondisclosure warranted a new trial.
- McGaha also challenged a jury note about sentencing during guilt deliberations and several trial court evidentiary rulings excluding certain testimony proffered to support his state of mind/self‑defense claim.
Issues
| Issue | McGaha's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Juror nondisclosure of Facebook link to victim’s wife | Juror 234 failed to disclose social‑media tie; would have struck her for cause or used a peremptory | Juror answered voir dire truthfully (knew some of Cowan family); Facebook friendship alone is not disqualifying; defense could have probed further | No new trial — juror’s answers were responsive/truthful; Facebook friendship not presumptively disqualifying and no demonstrated bias |
| Jury considering penalty during guilt phase (jury note: who decides sentence?) | Jury’s question shows they were factoring penalty into guilt deliberations, requiring reversal | Note ambiguous; court properly instructed jury to focus solely on guilt; presumption jury followed instruction | No prejudice shown — court correctly admonished jury and reversal not required |
| Exclusion of victim’s prior domestic violence against his wife (1995–96) | Testimony admissible to show victim’s propensity for violence or to impeach wife’s testimony denying violent character | Prior acts against third parties remote in time, low probative value; specific acts inadmissible to prove character under KRE 405 | Exclusion proper — remote, third‑party acts inadmissible and not shown McGaha knew of them |
| Exclusion of other evidence (racist statements, family’s fear, Burton’s 25‑year‑old incident) | These items show Cowan’s violent propensity and McGaha’s fear | Racist speech not probative of violence and highly prejudicial; family fear testimony either presented already or not properly avowed; Burton incident too remote and not known to defendant | Exclusion upheld — racist remarks unduly prejudicial; no proper offer of proof for family fear; Burton incident remote and McGaha unaware |
Key Cases Cited
- Combs v. Commonwealth, 356 S.W.2d 761 (Ky. 1962) (false voir dire answers may justify new trial when prejudice shown)
- Sluss v. Commonwealth, 381 S.W.3d 215 (Ky. 2012) (social‑media "friend" status alone does not establish juror bias; scope of relationship is key)
- Driver v. Commonwealth, 361 S.W.3d 877 (Ky. 2012) (prior acts against third parties too remote are inadmissible to show propensity for violence)
- Moorman v. Commonwealth, 325 S.W.3d 325 (Ky. 2010) (prior acts/threats may be admissible to show defendant’s fear if defendant knew of them)
- Polk v. Commonwealth, 574 S.W.2d 335 (Ky. Ct. App. 1978) (party claiming juror bias must prove it; known bias waived if not timely raised)
- Johnson v. Commonwealth, 477 S.W.2d 159 (Ky. 1972) (victim character evidence must be reputation or opinion; specific acts excluded)