Wallace v. Commonwealth, 2015 Ky. LEXIS 1742

Background

Julius Wallace was charged with five robberies and possession of a handgun by a convicted felon; arrested after surveillance identified him and following his partial admissions in interview.
Photo-pack identifications and surveillance video tied Wallace to multiple robberies between Oct. 25–31, 2010; he was later arrested and interviewed after Detective Brooks recognized him on video.
Trial proceeded as a "trifurcated" jury trial: bifurcated guilt phases (robberies first, then severed felon‑in‑possession charge) followed by a consolidated penalty phase.
Jury convicted Wallace of three counts of first‑degree robbery, two counts of second‑degree robbery, felon‑in‑possession, and found him a persistent felony offender; total sentence 30 years concurrent.
On appeal Wallace raised: prosecutorial misconduct in closing (suggesting witnesses were "terrified"), improper excusal of a juror for cause, admission of certified prior‑conviction records containing improper factual details in penalty phase, and that the severed handgun count required an entirely separate trial before a new jury.

Issues

Issue	Wallace's Argument	Commonwealth / Trial Court Argument	Held
Prosecutorial misconduct in closing (reference to witnesses being "terrified")	Remarks impermissibly implied intimidation/witness tampering and warranted mistrial	Objection was sustained at trial; Wallace failed to request admonition or timely mistrial; error unpreserved and harmless given evidence	Not reversible; claim unpreserved and not palpable error
Striking juror for cause (Juror 2)	Strike was improper; juror could follow law and be impartial	Juror expressed lingering inability/confidence doubts after prior jury service; trial court properly excused doubtful juror	No abuse of discretion; strike proper
Admission of certified prior‑conviction records with extra factual detail at penalty phase	Records contained impermissible factual circumstances, victims’ names, amended/dismissed charges; violated KRS 532.055 and Mullikan; warrants new penalty phase	Commonwealth conceded error but argued admission was not palpable because jury was not directed to those details and prosecutor did not highlight them; sentence moderate	No palpable error requiring reversal: admission was erroneous but not manifestly prejudicial here
Trial structure: whether severed gun count required entirely separate trial	Hubbard and RCr 9.16 require severance; Wallace says severed count must be tried before a different jury, not via trifurcation	Evidence of robberies (including use of gun) was intrinsic to proving possession; trifurcated procedure prevented prejudicial display of prior convictions and did not create reciprocal prejudice here	No abuse of discretion; trifurcated trial acceptable where evidence is interrelated

Key Cases Cited

Campbell v. Commonwealth, 564 S.W.2d 528 (Ky. 1978) (scope of witness‑influence/tampering evidence)
Jenkins v. Commonwealth, 477 S.W.2d 795 (Ky. 1972) (timely motion for mistrial required)
Martin v. Commonwealth, 207 S.W.3d 1 (Ky. 2006) (palpable error / manifest injustice standard)
Mullikan v. Commonwealth, 341 S.W.3d 99 (Ky. 2011) (truth‑in‑sentencing limits on prior‑offense evidence — limited to elements)
Webb v. Commonwealth, 387 S.W.3d 319 (Ky. 2012) (palpable error where prosecutor/readings emphasized improper prior‑offense details)
Chavies v. Commonwealth, 354 S.W.3d 103 (Ky. 2011) (inadmissibility of dismissed/amended charges at penalty phase)
Basham v. Commonwealth, 455 S.W.3d 415 (Ky. 2014) (standard for excusing jurors who express substantial uncertainty about judging others)
Hubbard v. Commonwealth, 633 S.W.2d 67 (Ky. 1982) (rule requiring severance of felon‑in‑possession charge to avoid prejudice)
Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (systematic exclusion of jurors on prohibited grounds undermines jury fairness)