Webb v. Commonwealth, 387 S.W.3d 319

Webb was convicted by a Bourbon Circuit Court jury of two counts of attempted murder and one count of first-degree persistent felony offender, receiving a fifty-year sentence.
The offenses arose from Webb driving his car into the Bourbon County Detention Center parking lot, injuring Deputy Barkley and later fleeing as officers pursued him.
Barkley and Mason identified Webb as the driver; the trial court allowed evidence of Webb’s status as a former inmate for identification purposes with a limiting instruction.
Before trial, Webb moved to exclude testimony that Webb threatened Deputy Hanson during apprehension; the court admitted the threat as part of the crime.
During sentencing, the Commonwealth narrated Webb’s prior convictions and included victim details; Mullikan later held this improper under KRS 532.055, prompting remand for a new penalty phase.
Webb challenged the denial of a directed verdict on the PFO charge; the evidence included multiple prior felonies and age over 21, which the jury considered in determining PFO status.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admission of former inmate evidence	Webb argued identity evidence was irrelevant and unduly prejudicial.	Commonwealth contended identification and context justified; limiting instruction warranted.	No abuse; admissible for identity with limiting instruction.
Evidence Webb threatened Hanson	Threat evidence was irrelevant and prejudicial under KRE 401/403.	Threat was intertwined with the crime and part of the res gestae.	Admissible as part of the crime; no reversible prejudice; proper balancing under KRE 403.
Penalty-phase scope under KRS 532.055	Commonwealth exceeded by detailing victims and non-element facts of prior offenses.	Prior convictions may be discussed to show nature of prior offenses; elements focus advised.	Prejudicial error; vacate sentence and remand for a new penalty phase with limitation to elements of prior offenses.
Directed verdict on PFO	Insufficient proof of prior record as required by statute; remedy via directed verdict.	Evidence, including oral read of prior convictions, sufficed under standard.	No directed verdict; sufficient evidence including prior convictions presented.

Mullikan v. Commonwealth, 341 S.W.3d 99 (Ky. 2011) (restricts how prior convictions may be described to jurors; emphasizes limiting instruction)
Major v. Commonwealth, 177 S.W.3d 700 (Ky. 2005) (flight and state of mind as relevant to admissibility; res gestae considerations)
Norton v. Commonwealth, 890 S.W.2d 632 (Ky. App. 1994) (res gestae and completeness of the narrative in trials)
Benham v. Commonwealth, 816 S.W.2d 186 (Ky. 1991) (directed-verdict standard; substance of evidence required)
Johnson v. Commonwealth, 105 S.W.3d 430 (Ky. 2003) (admonitions and limiting instructions; jury follow-through)