Moorman v. Commonwealth
2010 Ky. LEXIS 273
Ky.2010Background
- Moorman was convicted by jury of first-degree manslaughter arising from the July 28, 2007 stabbing death of Patricia Shoulders in Louisville; the medical examiner found a deep stab wound to the heart/lung with an immediately life-threatening injury; Moorman claimed self-defense against a hammer attack by Shoulders; a knife with Shoulders's blood was found in Bryant's yard and Shoulders died at the hospital.
- At trial, Logan Sims participated as an assistant Commonwealth's attorney though he had not been properly admitted to the bar; Arthur McLaughlin was properly licensed.
- The trial court excluded certain avowal evidence of Shoulders's prior threats and propensities toward violence, and limited evidence of Shoulders's drug use to 24 hours prior to the stabbing; the defense presented avowal testimony from five witnesses to support self-defense.
- Moorman was sentenced to 20 years’ imprisonment following the jury verdict; the Commonwealth conceded Sims’s oath issue was a defect but argued it was harmless and de facto officer doctrine supported validity of prosecution.
- The Kentucky Supreme Court affirmed, holding the error was harmless and/unless structural, and that the de facto officer doctrine supported affirmance; the trial court did not err in excluding certain evidence relevant to fear, self-defense, and victim’s drug use, as explained in the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unlicensed attorney involvement was structural error | Moorman argues Sims’s non-admission to the bar violated constitutional processes | Commonwealth contends error is harmless and not structural | Harmless error; not structural |
| Whether exclusion of evidence of victim's violent acts supported self-defense | Evidence of Shoulders’s threats/violence was admissible to prove fear/self-defense | Evidence was improper as to specific acts and ought to be limited to reputation | Excluded avowal evidence properly limited to admissible form (no proof of fear existed) |
| Whether exclusion of broader prior drug-use history of the victim was permissible | Prior drug-use history relevant to credibility and self-defense | Evidence is probative but prejudicial and cumulative; properly excluded | Exclusion proper; drug-use history was cumulative and marginally probative |
| Whether the oath/competence issue with Sims affected Moorman’s conviction | Unlicensed attorney participation undermines trial integrity | De facto officer doctrine validates acts and preserves judgment | Error harmless; de facto officer doctrine supports affirmance |
Key Cases Cited
- Saylor v. Commonwealth, 144 S.W.3d 812 (Ky. 2004) (evidence of victim’s violence in self-defense cases; KRE 404(a)(2) exceptions)
- Winstead v. Commonwealth, 283 S.W.3d 678 (Ky. 2009) (harmless error framework; non-structural error analysis)
- Rice v. Commonwealth, 66 Ky. 14 (1867) (de facto officer doctrine applied to validate acts by officials with defective appointment)
- Trimble County Fiscal Court v. Trimble County Bd. of Health, 587 S.W.2d 276 (Ky.App. 1979) (de facto/validity of board actions despite irregular appointments)
- Old Republic Ins. Co. v. Ashley, 722 S.W.2d 55 (Ky.App. 1986) (appellate affirmation when record supports judgment despite defects)
- Recuenco v. United States, 548 U.S. 212 (U.S. 2006) (structural error framework in federal due process)