Perry v. Commonwealth
2012 Ky. LEXIS 168
| Ky. | 2012Background
- Appellant Bobby Perry was tried on two counts of first-degree sodomy and convicted of one; sentence 45 years; reversed and remanded for a new trial.
- C.P. alleges multiple sexual abuses by various individuals, including his adoptive father, family members, and others, around the time of the alleged acts, with Perry being his uncle and adoptive father.
- There is no physical evidence or witnesses corroborating the sexual abuse allegations; CP’s statements evolved over time and across interviews.
- CP was in foster care and various treatment facilities, with the alleged acts first surfaced near the end of his stay at Ramey-Estep Center and recanted or varied over time.
- The trial included a Dennis v. Commonwealth/KRE 412 framework for admissibility of prior sexual conduct; competency and impeachment questions arose.
- The majority directs a retrospective Dennis-based inquiry and an independent psychological evaluation, with remand for potential new trial; the dissent critiques this approach.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Competency/independent evaluation required | Perry argues CP’s competence warranted independent evaluation | Commonwealth contends CP was competent to testify | Remand for independent evaluation and possible competency hearing |
| Admissibility of prior false accusations for impeachment | Perry seeks cross-exam on numerous prior claims | Commonwealth argues limited admissibility under Dennis/412 | Remand for proper Dennis hearing to determine demonstrable falsity; cross-examination guided by Dennis standards |
| Prosecutorial/voir dire misconduct objections | Perry argues misconduct in voir dire and overreaching theories | Commonwealth argues issues are nonculpable or reversible on other grounds | Court acknowledges potential errors but reverses on other grounds; not necessary to find specific error for reversal |
Key Cases Cited
- Dennis v. Commonwealth, 306 S.W.3d 466 (Ky.2010) (setting standards for admissibility of prior false accusations via Dennis hearing)
- Mack v. Commonwealth, 860 S.W.2d 275 (Ky.1993) (due process allows independent evaluation in certain competency determinations)
- Bart v. Commonwealth, 951 S.W.2d 576 (Ky.1997) (reaffirmed trial court’s control over competency determinations; no independent evaluation of nonparty witness warranted)
- Holmes v. South Carolina, 547 U.S. 319 (U.S. 2006) (importance of the right to confrontation in criminal trials)
- Pointer v. Texas, 380 U.S. 400 (U.S. 1965) (confrontation rights and cross-examination foundational to due process)
- White v. Coplan, 399 F.3d 18 (1st Cir.2005) ( Sixth Amendment confrontation considerations in prior false accusations contexts)