Wise v. Commonwealth
2013 Ky. LEXIS 639
| Ky. | 2013Background
- Appellant Kathleen Wise convicted of intentional murder; life sentence; on appeal argues two errors.
- A morphine overdose discovered in decedent’s system; coroner initially attributed death to heart attack, later toxicology suggested morphine involvement.
- Wise, a nurse with access to narcotics, was interviewed by deputies after a polygraph; she signed a Miranda waiver prior to polygraph and later made incriminating statements.
- Polygraph administered in Louisville; initial Miranda warnings given via form signed by Wise; no officer-read warnings at sign time.
- Post-polygraph, Taylor County deputies interviewed Wise; interrogation was recorded after Detective Bratcher concluded the polygraph; statements led to murder charge.
- Trial court denied suppression; jury instructed on intentional murder and some lesser offenses; Wise was convicted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Wise given valid Miranda warnings and a knowing, voluntary waiver before polygraph? | Wise argues waiver was not knowing/voluntary; form did not expressly waive rights. | State contends form plus conduct showed implied/knowingly voluntary waiver. | Waiver was knowingly and voluntarily implied; warnings adequate. |
| Did initial waiver extend to post-polygraph questioning by the polygraph examiner? | Waiver limited to polygraph; post-exam questioning requires new warnings. | Waiver extended to post-exam questioning; conduct showed continued waiver. | Waiver extended; post-polygraph questioning admissible. |
| Was Wise entitled to a first-degree manslaughter instruction as a lesser-included offense? | Unpreserved error; should be reviewed for palpable error. | No preserved error; instruction not required absent objection. | Not subject to palpable-error review; no instructional error. |
Key Cases Cited
- Moran v. Burbine, 475 U.S. 412 (U.S. 1986) (waiver understanding required; knowing voluntariness must be present)
- Berghuis v. Thompkins, 560 U.S. 370 (U.S. 2010) (claims of knowing and voluntary waiver; two-dimensional analysis)
- Wyrick v. Fields, 459 U.S. 42 (U.S. 1982) (post-polygraph questioning within implied waiver scope)
- Moran v. Burbine, 475 U.S. 412 (U.S. 1986) ((duplicate entry for emphasis))
- Martin v. Commonwealth, 409 S.W.3d 340 (Ky. 2013) (palpable-error review limits for unpreserved instructional claims)
- Thompkins v. United States, 560 U.S. 151 (U.S. 2010) (clarifies knowingness and voluntariness of waiver)