Friday, March 28, 2014

KYSC - Galloway - Insufficient Evidence Assault 4th Third Offense

Darryl Galloway v. Commonwealth, KSC, 12-SC-701, 3/20/14, to be published- The Kentucky Supreme Court held there was insufficient evidence to prove fourth degree assault third offense. The Court held the statutory requirement that the two prior assault convictions be against family members or members of an unmarried couple makes them essential elements of that offense. Thus the testimony of the detective that Mr. Galloway had two prior convictions for domestic violence was insufficient, and to sustain a conviction the Commonwealth would have had to present “proof of the identity of the victim and the nature of the relationship between the perpetrator and the victim.”  

James Rhorer represented Mr. Galloway at trial and Kathleen Schmidt won the appeal.

Contributed by Susan Balliet