Yatesv. Commonwealth, 2015-SC-504, to be published
Incest, Unlawful
Transaction with a minor, use of a minor in a sexual performance, unlawful
imprisonment, first-degree sexual abuse. 70 year sentence.
This case involves a
re-trial following the Kentucky Supreme Court’s reversal and remand of the case
to the trial court. The Commonwealth added four additional counts to the
indictment without receiving any new evidence to justify the counts. The Court
found a reasonable probability of prosecutorial
vindictiveness and reversed the convictions for incest, use of a minor in a
sexual performance, and unlawful imprisonment and remanded to the circuit court
with instructions to dismiss those charges. However, Yates’s conviction for
unlawful transaction with a minor and first-degree sexual abuse remain.
The Court found
sufficient evidence to overcome a directed verdict motion on the unlawful
transaction with a minor charge. Further, re-trying Mr. Yates on this charge,
despite a finding of acquittal as a lesser included offense of rape, did not
violate double jeopardy. The victim’s mother’s testimony vouching for the
victim’s credibility was harmless error.
Contributed by Euva Blandford
