McPherson v. Commonwealth
2012 Ky. LEXIS 7
| Ky. | 2012Background
- McPherson was convicted of murder in Muhlenberg County and sentenced to life in prison per jury recommendation.
- Parker, McPherson's former girlfriend, testified as an alleged accomplice and her credibility was central to the Commonwealth's case.
- McPherson sought to impeach Parker with the specifics of a prior felony and with her alleged past statements to police.
- The trial court excluded Parker's prior-crime details for impeachment under KRE 609(a) and as substantive 404(b) evidence with limited probative value.
- McPherson argued this exclusion violated due process and his defense, including a missing-evidence instruction related to a detective's notes.
- After a first jury could not agree on sentencing, a second jury was convened to determine punishment for the capital offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Parker's prior-crime details | McPherson argued 404(b) and due process permit substantive use of the prior threat. | McPherson contends the prior act shows Parker's hostility toward informants and should be admitted. | Exclusion proper; minimal probative value and risk of confusion. |
| Cross-examination about Parker's unrelated police statements | McPherson asserts confrontation rights require admission to show bias from prior statements. | McPherson contends those statements reveal bias; exclusion violated rights. | No error; lacking showing of bias or relevance to impeach credibility. |
| Missing evidence instruction regarding detective notes | Notes allegedly destroyable exculpatory material should yield a missing-evidence instruction. | Destruction was routine housekeeping, not bad faith; instruction inappropriate. | No error; removal of notes not exculpatory suppression; no due process violation. |
| Second jury for sentencing in capital case | KRS 532.055(4) requires judge to sentence if first jury deadlocks. | Second jury improperly deviates from required statutory sentence process. | Second jury proper; aggravating facts required jury fact-finding beyond initial verdict, making 532.055 inapplicable. |
Key Cases Cited
- Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003) (balancing rule for exclusion of defense-suggestive evidence)
- Maddox v. Commonwealth, 955 S.W.2d 718 (Ky. 1997) (prior acts for identity/admissibility under KRE 404(b))
- Blair v. Commonwealth, 144 S.W.3d 801 (Ky. 2004) (distinguishes reverse 404(b) evidence standards)
- Montgomery v. Commonwealth, 320 S.W.3d 28 (Ky. 2010) (due-process considerations of evidence rules)
- Delaware v. Van Arsdall, 475 U.S. 673 (1986) (Sixth Amendment bias/cross-examination rights limits)
- Ring v. Arizona, 536 U.S. 584 (U.S. 2002) (jury findings required for aggravating factors in capital cases)
- California v. Trombetta, 467 U.S. 479 (1984) (preservation of potentially exculpatory evidence standards)
- Illinois v. Fisher, 540 U.S. 544 (2004) (due-process limits on evidentiary disclosures)
- Sanborn v. Commonwealth, 754 S.W.2d 534 (Ky. 1988) (destruction of witness-interview tapes and due-process concerns)
- Killian v. United States, 368 U.S. 231 (1961) (notes destruction in investigations; not per se due process violation)
- Holmes v. South Carolina, 547 U.S. 319 (2006) (evidentiary balancing in courts; limits on defenses)