Walker v. Commonwealth, 349 S.W.3d 307

Walker was convicted in Jefferson Circuit Court of murder, first-degree burglary, tampering with evidence, intimidating a participant in the legal process, and witness tampering; life without parole plus 55-year concurrent sentence for other offenses.
Prosecution evidence included Walker’s police interview video, testimony from three children present during the assault, and Lisa Thomas describing the events at the Fordson Way residence.
Walker admitted to beating and strangling Derek Scott after discovering Scott with his children; he claimed the acts occurred during a confrontation and disputed whether they intended to kill Scott.
Medical examiner attributed death to blunt force injuries and strangulation; Thomas testified to finding Scott’s body and blood throughout the laundry area.
Walker challenged the admission of the interrogation video, claiming non-culpatory statements were improperly included and that such statements could prejudice the jury.
The trial court allowed the interrogation video under KRE 801A(b) as party-opponent evidence and did not admonish the jury to treat the detective’s remarks as context-only.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the interrogation video palpably erroneous?	Walker argues the detective’s non-culpatory and personal remarks tainted the jury.	Commonwealth contends remarks were context for Walker’s statements and necessary to understand the responses.	No palpable error; remarks were context and not prejudicial.
Did the opening credibility instructions invade the jury’s province?	Walker claims pre-openings on credibility were improper judicial comment.	Commonwealth asserts neutral, non-substantive guidance; no constitutional error.	Not palpable error; instructions were not clearly improper or prejudicial.
Did the burglary instruction allow a non-unanimous verdict?	Walker contends the language permits an unsupported theory tying Scott’s permission to enter.	Commonwealth maintains the instruction requires that no one with authority granted permission; evidence supported that.	Burglary instruction did not produce an unconstitutional non-unanimous verdict.

Lanham v. Commonwealth, 171 S.W.3d 14 (Ky. 2005) (interrogation context remarks admissible to provide context for responses)
Transit Authority of River City v. Montgomery, 836 S.W.2d 413 (Ky. 1992) (courts may permit questioning with potential reliance on credibility considerations)
Bamett v. Commonwealth, 84 Ky. 449, 1 S.W. 722 (Ky. 1886) (courts discourage jury instruction that invades jury’s province on credibility)
Barnett v. Commonwealth, 1 S.W. 723 (Ky. 1886) (instruction declaring jury’s sole judgment of credibility may invade jury’s province)
Allen v. Kopman, 32 Ky. 221 (Ky. 1834) (historical discouragement of judicial comment on evidence)
Allen v. Commonwealth, 286 S.W.3d 221 (Ky. 2009) (balances trial court discretion with avoiding undue judicial comment)
Jones v. Commonwealth, 319 S.W.3d 295 (Ky. 2010) (palpable-error review for unpreserved constitutional claims)
Cross v. Clark, 308 Ky. 18, 213 S.W.2d 443 (Ky. 1948) (jury instruction error and credibility considerations)