357 S.W.3d 567
Ky. Ct. App.2012Background
- Saylor was convicted of first-degree manslaughter in Kenton County and sentenced to 18 years; direct review affirmed.
- Post-conviction RCr 11.42 proceedings were initiated; Kentucky Supreme Court later remanded for Fraser v. Commonwealth guidance.
- Trial court conducted an evidentiary hearing (Aug. 31, 2010) and issued a Sept. 7, 2010 order denying remaining claims based on Strickland prejudice standard.
- Evidence centered on whether defense counsel failed to call witnesses about the victim’s violence reputation and whether this would have supported self-defense; the court found it cumulative.
- On appeal, the Court reviews factual findings for clear error under CR 52.01 and affirms the trial court’s denial of post-conviction relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not calling witnesses and the prejudice therefrom | Saylor | Commonwealth | No reversible error; testimony would have been cumulative and not likely to change outcome |
| Whether failure to present EED defense was ineffective or prejudicial | Saylor | Commonwealth | Merits denied; EED instruction was considered by jury and prejudice not shown |
| Whether failure to seek intoxication instruction amounted to ineffective assistance | Saylor | Commonwealth | Waived; no evidence at evidentiary hearing; trial court's decision affirmed |
| Whether trial counsel's handling of directed-verdict issues amounted to ineffective assistance | Saylor | Commonwealth | Without merit; argument not properly presented on appeal and is conflated with record evidence |
| Whether prosecutorial/jury-deliberations misconduct claim warranted an evidentiary hearing | Saylor | Commonwealth | No corroboration of misconduct; face-of-record denial upheld |
Key Cases Cited
- Fraser v. Commonwealth, 59 S.W.3d 448 (Ky. 2001) ( Fraser framework for post-conviction review)
- Commonwealth v. Thompson, 697 S.W.2d 143 (Ky. 1985) (record completeness governs appellate review when record incomplete)
- Foley v. Commonwealth, 17 S.W.3d 878 (Ky. 2000) (jury misconduct without corroborating evidence is unconvincing)
- Kennedy v. Commonwealth, 544 S.W.2d 219 (Ky. 1976) (defendant cannot double-source claims at trial and on appeal)
- Adams v. Commonwealth, 424 S.W.2d 849 (Ky. 1968) (clearly erroneous standard for post-conviction factual findings)
- Black Motor Co. v. Greene, 385 S.W.2d 954 (Ky. 1964) (substantial evidence supports factual findings; not clearly erroneous)