Monday, July 15, 2013

KYSC - Kerr - Anonymous Tip, HB 463

Barry Kerr v. Commonwealth, 2011-SC-000247-MR (6/20/13)

The Court reversed and remanded for a new trial after the jury was not told about an anonymous tip that Mr. Kerr was selling drugs out of a motel room.  This was pure hearsay, and admission of this was not harmless, particularly in light of the fact that the Commonwealth Attorney harped on the anonymous tip in closing arguments.  The Court noted that on remand Mr. Kerr can take advantage of HB 463 remedial penalty provisions upon his request which should be helpful to him as his current sentence is 50 years imprisonment for various drug crimes.  

Emily Rhorer represented Mr. Kerr on appeal, and Emily Reed did a great job preserving the winning issue as well as many other issues.  

Contributed by Jason Apollo Hart