Monday, June 24, 2013

KYSC - Kerr - HB 463 application

Berry Kerr v. Commonwealth- 11-SC-247-MR (6/20/13) (to be published).  Mr. Kerr was convicted of numerous drug crimes, which were enhanced by virtue of being both second or subsequent convictions and first-degree PFO, and he was sentenced to 50 years imprisonment.  The Supreme Court reversed and remanded for a new trial, and on remand he will be able to take advantage of the remedial measures enacted in HB 463.  

Held- Jury should not have been told about an anonymous tip that Mr. Kerr was selling drugs out of a motel room.  This was pure hearsay.  Admission of this was not harmless, particularly in light of the fact that the Commonwealth Attorney harped on this in closing arguments. 

Emily Rhorer of Appeals represented Mr. Kerr before the Kentucky Supreme Court.  Emily Reed of DPA Somerset represented Mr. Kerr at trial, and did a great job preserving this issue and other issues.  

Contributed by Jason Apollo Hart