Friday, April 25, 2014

SCOKY speaks - April - Last part

Staples v. Commonwealth, 2011-SC-000788-MR, April 17, 2014

"[T]he Commonwealth's theory that Staples had actual custody of the child and thus committed criminal abuse by allowing the child's mother to abuse the child is legally unsupported. Similarly, the Commonwealth's theory that Staples had a legal duty arising from his actual custody to prevent the child's mother from killing her and thus was complicit to manslaughter is legally unsound. Because the jury instructions included these theories, the convictions should be reversed."
Commonwealth v. Pollini, 2012-SC-000312-DG, April  17, 2014

Discretionary review of opinion reversing conviction. Appellee's failure to prove the prejudice component, "requires us to reinstate the trial court's denial of RCr 11.42 relief . . . a successful IAAC claim requires a showing of both deficient performance and prejudice[.]"

Young v. Commonwealth, 2012-SC-000491-MR, April 17, 2014

Conviction reversed because the omission of the mental-state element from a complicity instruction was palpable error.

Commonwealth v. Dulin, 2012-SC-000668-DG, April 17, 2014

A discretionary review of the Court of Appeals, reversing an opinion, "holding that KRS 533.040(2) did not extend the original expiration date of Appellee's, Derick Dulin, term of probation and, therefore, the Jefferson Circuit Court lost jurisdiction to revoke Dulin's probation when it purported to do so by an order entered in September 2008. The Court of Appeals concluded that the circuit court erred by denying Dulin's motion for post-judgment relief from the revocation order pursuant to CR 60.02 and RCr 10.26."

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