Mullikan v. Com., 341 S.W.3d 99

Mullikan lived with his parents in Maysville, KY. He developed paranoia about Kent Fields and believed Fields and Fryman conspired against him.
On Sept. 18, 2008 Mullikan attacked Fields with a Samurai sword, chasing him and later entering Fields's home with Fields in pursuit.
Mullikan threatened Fields and Fryman, attempted to kill them, and spat on a police officer; EMS decontaminated him during arrest.
He was indicted and convicted of two counts of first-degree wanton endangerment, one count of second-degree burglary, one count of third-degree assault, and two counts of third-degree terroristic threatening, totaling twenty years imprisonment.
The trial court sentenced Mullikan to five years on each wanton endangerment count, five years for third-degree assault, ten years for burglary, and twelve months for each terroristic threatening, with consecutive terms.
On appeal Mullikan raised nine grounds, but the Court addressed only the meritorious issue identified later in the analysis.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Double jeopardy for wanton endangerment and terroristic threatening	Mullikan	Commonwealth	No double jeopardy violation; Blockburger applies and protections not infringed.
DNA/fingerprinting of water bottle denied	Mullikan	Trial court acted within discretion given collateral nature and lack of relevance	No abuse of discretion; testing not reasonably necessary.
Control of examination of witnesses	Mullikan	Trial court can restrict direct approach to witnesses	No abuse of discretion; limits were evenhanded and aimed at witness safety.
Palpable error from references to prior incarceration/trial	Mullikan	Brief references not palpable error	No palpable error; references were brief and largely Mullikan-initiated.
Penalty-phase evidence of prior convictions was unduly prejudicial	Mullikan	Evidence admissible to show nature of prior offenses; not unduly prejudicial	Unduly prejudicial; remand for new sentencing phase.

Cardine v. Commonwealth, 283 S.W.3d 641 (Ky. 2009) (double jeopardy review may be on appeal)
Terry v. Commonwealth, 253 S.W.3d 466 (Ky. 2008) (double jeopardy preservation rule)
Watson v. Commonwealth, 579 S.W.2d 103 (Ky. 1979) (terroristic threat included in wanton endangerment (overruled))
Commonwealth v. Burge, 947 S.W.2d 805 (Ky. 1996) (abandoned same-conduct test; Blockburger applied)
Blockburger v. United States, 284 U.S. 299 (U.S. 1932) (two offenses require proof of different facts)
Commonwealth v. McCombs, 304 S.W.3d 676 (Ky. 2009) (harmless-error framework for missing element in jury instruction)
Robinson v. Commonwealth, 926 S.W.2d 853 (Ky. 1996) (nature of prior offenses—general description of crime)
Hudson v. Commonwealth, 979 S.W.2d 106 (Ky. 1998) (prior offenses described from records exceeds allowed scope)
Brooks v. Commonwealth, 114 S.W.3d 818 (Ky. 2003) (permitted prior misdemeanors described from complaints)
Cuzick v. Commonwealth, 276 S.W.3d 260 (Ky. 2009) (nature of prior offenses—recitation of facts via citation)
Senay v. Commonwealth, 650 S.W.2d 259 (Ky. 1983) (immediacy requirement for choice of evils instruction)