Roe v. Commonwealth
493 S.W.3d 814
| Ky. | 2015Background
- Roe was convicted by a circuit court jury of murder, felony tampering with physical evidence, and harassing communications; sentenced to life plus fixed terms run concurrently.
- Post was a dermatologist killed by three gunshots while in her van; a man approached the van and Roe was later identified as that man by investigators.
- Roe was a longtime acquaintance of Post and her family; he previously lived at ComDerm, was evicted, and harassed Post with gifts, calls, and threats over months.
- DNA on a handgun found in Roe’s van matched Roe and linked the gun to Post’s murder; shell casings matched the same firearm.
- Roe defended by proposing an alternate-perpetrator theory (husband Truitt) and the trial included encounters with evidence and limitations related to that defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Improper opinion testimony admitted | Roe | Roe | No palpable error; preserved objection insufficient; minimal probative value. |
| Victim-impact evidence during guilt phase | Roe | Roe | No palpable error; background empathic testimony permissible if not prejudicial. |
| Exclusion of alternate-perpetrator evidence | Roe | Roe | Not error; trial court acted within discretion under KRE 403, Beaty, and Gray. |
| Batson challenge standing and rationale | Roe | Prosecution racially biased peremptory strike; Powers standing recognized. | No Batson violation; cross-racial standing and race-neutral explanations upheld. |
| PSI waiver and rights to presentence investigation | Roe | Roe waived rights; statute preemption and court’s discretion. | No reversal; waiver was found due to noncompliance not manifest injustice; sentence affirmed. |
Key Cases Cited
- Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003) (admissibility of alternate-perpetrator evidence guided by KRE 403 principles)
- Gray v. Commonwealth, 480 S.W.3d 253 (Ky. 2016) (clarified motive and opportunity requirements for alternate-perpetrator evidence)
- Powers v. Ohio, 499 U.S. 400 (U.S. 1991) (third-party standing to raise equal-protection claims in jury selection)
- Beaty v. Commonwealth, 125 S.W.3d 196 (Ky. 2003) (reiterates Beaty framework for admissibility of alternate-perpetrator evidence)
- Bennett v. Commonwealth, 978 S.W.2d 322 (Ky. 1998) (general evidentiary principles referenced)