Monday, February 19, 2018

KYSC - Brown - Restitution

AnthonyBrown v. Comm., Kentucky Supreme Court, To-be-published (2/15/2018): 

Brown was charged with murder and convicted of second-degree manslaughter.  At trial, the court 1) awarded $7,571.51 in restitution to arguably non-victim entities who had not been named in the indictment and failed to give notice of the amount claimed or opportunity for a hearing and jury determination, 2) allowed evidence of a probation violation in the penalty phase, and 3) held that Brown’s prior drug conviction could be used to support his manslaughter conviction. 

On appeal, the Kentucky Supreme Court vacated and remanded the restitution award for a new hearing after notice to Brown regarding the victims and amounts claimed. The Court stated Brown will have an opportunity on remand to argue that a funeral home and a medical center are not “named victims” eligible under the statute. 

On remand he will also have an opportunity to demand a jury trial, which he should do in order to raise and preserve the other unresolved question raised in this appeal, whether he is guaranteed a jury trial on restitution by Section 7 of the Kentucky Constitution and CR 38.01.  

Susan Balliet represented Anthony Brown on appeal.