Scotty Upchurch v. Commonwealth of Kentucky
2019 CA 001808
| Ky. Ct. App. | Oct 28, 2021Background
- In May 2004 an elderly father and son were robbed and beaten; the father later died. Upchurch was indicted for complicity to commit robbery in the first degree and complicity to commit capital murder.
- The Commonwealth initially sought the death penalty; the record contains evidence Upchurch has an I.Q. of 72.
- On September 1, 2006 Upchurch pleaded guilty pursuant to a plea agreement; on September 19, 2006 he was sentenced to concurrent terms totaling 34 years, per the Commonwealth’s recommendation.
- Upchurch filed multiple post-conviction challenges over the years (including CR 60.02 and an RCr 11.42 motion) and a petition for declaratory judgment challenging KRS 532.130(2); those earlier attempts were denied and affirmed on appeal.
- He filed a second CR 60.02 motion on November 28, 2016; the Wayne Circuit Court denied it on October 21, 2019. This appeal challenges that denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Upchurch’s plea is void/involuntary because he was on mind‑altering medication and under duress | Upchurch: he could not rationally participate in his defense due to medication/duress | Commonwealth: issue not raised below so trial court had no opportunity to rule; thus not preserved | Court: Not preserved for appeal; will not consider it |
| Whether plea is involuntarily induced by Commonwealth’s threat to seek death penalty (given IQ ~72 and later Hall/Woodall decisions) | Upchurch: threat of death penalty (invalid under Hall/Woodall) improperly coerced plea; seeks relief under CR 60.02(e) | Commonwealth: guilty plea waived non-jurisdictional defenses; retroactive change in death‑penalty law does not automatically void plea; law‑of‑the‑case bars relitigation | Court: Denied — plea waives these claims; law of the case and precedent foreclose relief under CR 60.02(e) |
Key Cases Cited
- Foley v. Commonwealth, 425 S.W.3d 880 (Ky. 2014) (abuse‑of‑discretion standard for review of CR 60.02 denials)
- Hall v. Florida, 572 U.S. 701 (2014) (I.Q. cutoffs without consideration of standard error of measurement unconstitutional in death‑penalty context)
- Woodall v. Commonwealth, 563 S.W.3d 1 (Ky. 2018) (Kentucky statute adopting rigid I.Q. cutoff for death eligibility unconstitutional)
- White v. Commonwealth, 500 S.W.3d 208 (Ky. 2016) (applied Hall retroactively; later abrogated by Woodall)
- Hughes v. Commonwealth, 875 S.W.2d 99 (Ky. 1994) (unconditional guilty plea waives all defenses except failure of the indictment to charge an offense)
- Brady v. United States, 397 U.S. 742 (1970) (a plea entered to avoid the death penalty is not automatically involuntary)
- St. Clair v. Commonwealth, 455 S.W.3d 869 (Ky. 2015) (law‑of‑the‑case doctrine binds appellate courts to earlier decisions in the same case)
- Charash v. Johnson, 43 S.W.3d 274 (Ky. App. 2000) (issues must be presented to trial court to preserve appellate review)
- Elkins v. Commonwealth, 154 S.W.3d 298 (Ky. App. 2004) (subsequent change in law generally does not automatically void a prior guilty plea)
- Gussler v. Commonwealth, 236 S.W.3d 22 (Ky. App. 2007) (rejecting relief where defendant pleaded guilty to avoid death penalty and law later changed)