Joseph David Martin v. Commonwealth, Ky. Sup.
Ct., 2/19/15 Affirming in part, Reversing in part, Remanding - to be published
The Court remanded this case, and Mr. Martin’s
580 years sentence, to the Henry Circuit Court for a new trial for
numerous unpreserved unanimous verdict violations. The Court found that
both types of unanimity violations existed in this case; “one borne from
indistinguishable instructions” and the “second type of unanimous-verdict
violation, which arises when evidence adduced at trial presents the jury with
multiple acts by the defendant that may satisfy a single general-verdict
instruction.” The Court held “all unanimous-verdict violations
constitute palpable error resulting in manifest injustice.”
In addition there
was instructional error by the trial court for failing to instruct the jury on
the seventy (70) year statutory cap, however the issue was not reviewable
per Martin v. Commonwealth, 409 S.W.3d 340, 346 (Ky. 2013) (A
separate case from the instant case) because the issue was not preserved. The
Opinion however contained strong language regarding “the judge’s purposeful
disregard of the sentencing-cap statute.”
Jason Apollo Hart of the
Appeals Branch represented Mr. Martin on appeal.
