Steven Pettway v. Commonwealth of Kentucky
2016 SC 000392
| Ky. | Jun 13, 2017Background
- Pettway was convicted in 2013 of the 2009 murder of Troya Sheckles; the conviction was affirmed in Pettway v. Commonwealth, 470 S.W.3d 706 (Ky. 2015).
- Sheckles was killed in Shelby Park, Louisville, around 7:30 p.m. on March 23, 2009, with witnesses describing the shooter as a male in dark clothing and a bandana.
- The Commonwealth's theory was that Pettway killed Sheckles at Dejuan Hammond's direction to prevent her from testifying in Lloyd Hammond's upcoming murder trial.
- Princess Bolin, Dejuan Hammond's girlfriend, testified at Pettway's trial and later disclosed a pre-trial statement to police that Bolin gave inconsistent testimony.
- After Bolin's inconsistent statements were discovered post-trial, Pettway moved for a new trial under RCr 10.02 and 10.06(1) based on newly discovered evidence and Brady grounds; the Jefferson Circuit Court denied the motion, and the Kentucky Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion denying a new trial. | Pettway argues newly discovered Bolin statements could alter the outcome. | Commonwealth contends the new evidence was not decisive and would not change the verdict. | No reversible error; new evidence not decisively outcome-determinative. |
| Whether there was a Brady violation regarding undisclosed Bolin statements. | Pettway contends the State suppressed exculpatory/impeaching material. | Commonwealth asserts no substantial prejudice from late disclosure. | No Brady violation; lack of substantial prejudice. |
Key Cases Cited
- Pettway v. Commonwealth, 470 S.W.3d 706 (Ky. 2015) (affirmation of trial conduct and standard for newly discovered evidence)
- Foley v. Commonwealth, 425 S.W.3d 880 (Ky. 2014) (new-trial relief standard; discretionary, disfavored for merely impeaching evidence)
- Epperson v. Commonwealth, 809 S.W.2d 835 (Ky. 1990) (new-trial standards and due process concerns)
- Jennings v. Commonwealth, 380 S.W.2d 284 (Ky.1964) (decisive-value standard for granting new trials)
- Strickler v. Greene, 527 U.S. 263 (U.S. 1999) (Brady threesome: favorable evidence, suppression, prejudice)
- Parrish v. Commonwealth, 471 S.W.3d 694 (Ky. 2015) (plain-error review of Brady-related claims)
- Goben v. Commonwealth, 503 S.W.3d 890 (Ky. 2016) (three-prong Brady test and prejudice required)
- Bussell v. Commonwealth, 226 S.W.3d 96 (Ky. 2007) (prejudice assessment in Brady analysis)
- Hammond v. Commonwealth, 2016 WL 3371054 (Ky. 2016) (not included due to WL citation; cited for related context (excluded from official reporter list))