Ordway v. Commonwealth
2013 Ky. LEXIS 3
| Ky. | 2013Background
- Ordway was convicted of two counts of intentional murder and sentenced to death based on multiple victims; self-defense was his theory.
- Detective Wilson testified that Ordway’s post-shooting conduct was inconsistent with self-defense, suggesting fabrication of the defense.
- Evidence included post-arrest invocation of silence, pre-Miranda statement, and various gun-related and drug-related items found in the car.
- Trial court admitted evidence of the victims’ threats before the shooting, a motel-room rental, and Ordway’s post-crash attempts to enter other vehicles, with various evidentiary rulings challenged on appeal.
- The defense sought a multiple-assailants self-defense instruction; the court gave a conventional self-defense instruction and denied the requested instruction.
- On appeal, the Court reverses the death sentence on multiple grounds and remands for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Detective Wilson’s opinion on self-defense behavior | Ordway | Wilson’s expert-like opinion was improper | Reversible error; cannot testify on guilt/innocence conduct |
| Admissibility of Ordway’s post-arrest silence evidence | Ordway | Silence evidence is relevant | Irrelevant; inadmissible; must be excluded |
| Jury selection: failure to strike Juror 5091 for cause | Ordway | Juror 5091 was biased due to relation to Victim’s Advocate | Reversible error; remand for new trial |
| Prosecutor’s statements on weighing aggravating vs mitigating factors | Commonwealth | Statutory weighing not required; misstates law | Prosecutor erred; retrial instructed not to imply weighing formula |
| Closing argument: ‘send a message to the community’ remark | Commonwealth | Permissible rhetorical appeal | Prosecutor’s comment improper; must refrain on retrial |
Key Cases Cited
- Johnson v. Commonwealth, 885 S.W.2d 951 (Ky. 1994) (prohibits class-wide habit testimony to prove a defendant’s actions)
- Sanders v. Commonwealth, 801 S.W.2d 665 (Ky. 1990) (palpable-error standard in capital cases)
- Newkirk v. Commonwealth, 937 S.W.2d 690 (Ky. 1996) (credibility of witnesses; non-expert opinion limits)
- Mullikan v. Commonwealth, 341 S.W.3d 99 (Ky. 2011) (scope of prior-convictions evidence in penalty phase)
- Jacobs v. Commonwealth, 870 S.W.2d 412 (Ky. 1994) (non-statutory aggravators and penalty procedure)
- Fletcher v. Weir, 455 U.S. 603 (U.S. 1982) (Miranda-related invocation and silence)