Wilson v. Commonwealth
2012 Ky. LEXIS 64
| Ky. | 2012Background
- Wilson was sentenced to death in 1988 for murder, kidnapping, rape, robbery, and conspiracy in Pooley case.
- In 2010, Wilson moved for a mental retardation determination and for DNA testing of hairs and semen.
- The trial court denied both motions in a single order without evidentiary hearings.
- This Court held: (i) evidentiary hearing required on mental retardation; (ii) Kentucky procedures for mental retardation do not violate due process; (iii) hairs DNA testing denied; (iv) no right to an evidentiary hearing on whether hairs exist or were destroyed after preservation order; (v) semen DNA testing remanded for ruling; (vi) no constitutional right to DNA testing.
- The Court remanded for an evidentiary hearing on mental retardation and for a ruling on semen DNA testing within specified timeframes; the hairs testing remained denied; a dissent urged broader testing.
- Dissent by Cunningham criticized the majority’s remand and questioned procedural defaults and guilt evidence integrity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mental retardation evidentiary hearing required | Wilson entitled to hearing to prove retardation | Commonwealth argues no waiver and statutes not retroactive | Yes; remanded for an evidentiary hearing on retardation. |
| Due process and Kentucky procedures for retardation | Procedures violate due process and burden improperly placed | Procedures comply with Bowling; no due process violation | Procedures do not violate due process. |
| DNA testing of hairs | Entitled to testing under KRS 422.285 | Hairs testing not warranted; no exculpatory impact | Hair testing denied; but semen testing remanded for determination. |
| DNA testing of semen | Entitled to testing for potential exculpatory value | Testing not warranted as to hairs; semen less clear | Remand to decide semen testing under KRS 422.285 within 180 days; if denied, findings appealable. |
Key Cases Cited
- Bowling v. Commonwealth, 163 S.W.3d 361 (Ky.2005) (retroactivity of Atkins and burden-shifting for mental retardation)
- Paisley v. Commonwealth, 201 S.W.3d 34 (Ky.2006) (post-conviction testing of mental health as mitigation)
- Atkins v. Virginia, 536 U.S. 304 (U.S. 2002) (Eighth Amendment prohibits execution of mentally retarded)
- Moore v. Commonwealth, 357 S.W.3d 470 (Ky.2010) (post-conviction DNA testing not barred by laches)
- Osborne v. District Attorney for Third Judicial Dist., 557 U.S. 52 (U.S. 2009) (no substantive due process right to post-conviction DNA testing)