2 from KYSC - Hall & Maupin

Michael Maupin v.Commonwealth, 16-SC-448-DG (rendered 3/22/18)(to be published). 

Mr. Maupin was convicted of failure to register a change in address with the sex offender registry, KRS 17.510, and PFO first degree, and received a ten year sentence.  Throughout the trial, the trial court observed the evidence for the Commonwealth was scant, but declined to grant the directed verdict motions.  After conviction, the defense filed a motion for judgment of acquittal notwithstanding the jury verdict, and the trial court granted the motion.  The Commonwealth appealed.  The Court of Appeals reversed the trial court, and reinstated the judgment of conviction and sentence.  
 

The Supreme Court granted Mr. Maupin’s motion for discretionary review, and ultimately held the Commonwealth could not appeal from a trial court’s judgment of acquittal following a jury verdict of guilt, thus overruling Commonwealth v. Brindley, 724 S.W.2d 214 (Ky. 1986).  Section 115 of the Ky. Constitution clearly states “the Commonwealth may not appeal from a judgment of acquittal in a criminal case, other than for the purpose of securing a certification of law.”  

The Court specifically announced, “We hold that Section 115 of the Kentucky Constitution bars.the Commonwealth from appealing a judgment of acquittal, and so we need not

reach the merits of this case. We reverse the Court of Appeals and reinstate the trial court's judgment. We also overrule any precedent stating that Section 115 derives itself from Section 13 of the Kentucky Constitution and that the Commonwealth may appeal a judgment n.o.v.”

Susan Balliet and Emily Rhorer of Appeals represented Mr. Maupin on direct appeal to the Kentucky Supreme Court, and Bob Friedman, Lexington North, represented Mr. Maupin at trial.   


Carliss Hall v. Comm., Affirming in part, Reversing in Part, KSC, To-be-published (3/22/2018): 

Hall was convicted at trial of (among other crimes) theft over $500 for grabbing a police cruiser to get away from police who were chasing him from a WalMart, and then leaving it in the middle of the road at an abandoned strip mine. On appeal, the Kentucky Supreme Court dismissed Hall’s conviction and sentence for stealing the police cruiser, finding that he did not “intend to deprive” the police of their cruiser permanently. The Court also reversed Hall’s conviction for resisting arrest due to a non-unanimous verdict and threw out an illegal $50 fine. 

Susan Balliet represented Hall on appeal, Frank Riley preserved the police cruiser issue at trial.

Great U.S. criminal justice system should work for all - by Public Advocate Ed Monahan

In today's Lexington Herald-Leader

Great U.S. criminal justice system should work for all

Americans enjoy the greatest criminal justice system ever known to civilization. Every person is entitled to a lawyer if facing incarceration, accorded due process when liberty is at risk, and assured freedom from unwarranted searches and seizures — to name just a few of the individual liberties we enjoy in our democracy. 

....

d more here: http://www.kentucky.com/2015/07/26/3959643/great-us-criminal-justice-system.html#storylink=cpy

However, this sort of injustice is not limited to Ferguson. These are some of the cases that happened in Kentucky:
■ A poor elderly man whose fourth-degree assault was diverted but whose court costs were not waived by the court, and so he was left to ask churches for help putting food on his table.
■ A DUI defendant unable to pay $1,008 costs and fees was required to serve 20 days. Defendants not released from jail until payment of a $40 arrest fee assessed by the sheriff.
■ Poor people given "pay or stay" warrants and then jailed for failure to pay a fine without any representation by a lawyer.
■ Defendants who fail to ask for more time to pay fines/fees and are jailed for 180 days, or can't pay for their $35/day home-incarceration bracelets and are returned to jail.
■ Probation has been revoked because defendants are unable to get transportation to their drug tests or are unable to pay for them.
■ Diversion programs which carry fees of $400.
■ Courts refused to waive costs for clients with long prison sentences.

....

Our great criminal justice system is not faultless. Like Ferguson, Kentucky has unjust practices that must be remedied now for the words of our pledge of allegiance "with liberty and justice for all" to have full meaning.

Read the entire article here 

Read more here: http://www.kentucky.com/2015/07/26/3959643/great-us-criminal-justice-system.html#storylink=cpy

Read more here: http://www.kentucky.com/2015/07/26/3959643/great-us-criminal-justice-system.html#storylink=cpy

 

Kentucky's Sentencing Reform Package to Improve Public Safety and Save Taxpayers Money Receives Support of National Groups

National groups support Rep. Yonts efforts to safely reduce correctional costs. Their letter of support is  posted here. The groups include:

• Crossroad Bible Institute
• Grassroots Leadership
• In The Public Interest
• International CURE
• Pretrial Justice Institute
• Prison Policy Initiative
• Southern Center for Human Rights
• The Ella Baker Center for Human Rights
• The Sentencing Project

The legislative package offers lawmakers the opportunity to address sentencing reform and save money in 2015 that could be used to provide more treatment for heroin addicts. The package of bills includes:

• HB 305 - Reduce low-level misdemeanors to violations with pre-payable fines,saving jail, prosecution, and defense expenses;
• HB 286 -Permit local jailers to grant limited service credits against an inmate's sentence for good behavior and educational achievement, saving jail costs and encouraging  good behavior, and also mandate alternative sentencing for flagrant non-support (instead of imprisonment), saving prison costs and better enabling delinquent parents to work to support their children;
• HB 285 - Require parole after a fixed period for nonviolent offenders serving a Class D sentence (currently the minimum is one year up to a 5 year maximum; offenses include trafficking marijuana near a school building)  and release for misdemeanants who have good behavior, saving county and state incarceration costs;
• HB 284 -Adopt of a “clear and convincing” standard for pretrial release decisions and findings specific to the defendant, guaranteeing that defendants who are low-risk and entitled to release are not needlessly held in jail at county expense; and
• HB 304 - Modify the persistent felony offender statute, saving prison costs and reinforcing public safety by facilitating proportionate sentences that align with the seriousness of the offense.  The measure limits application of persistent felony offender sentencing to specified triggering offenses; give jury discretion in this sentencing; allow previous offenses to be used only if defendant was incarcerated and finished serving the sentence within 15 years prior to committing the present offense.

Contributed Ed Monahan

WDRB: Bullitt County "debtor's prison" raises constitutional questions

 "Sit or Pay" rulings challenged

SHEPHERDSVILLE, Ky. (WDRB) – Convicted of receiving stolen property in 2011, George Schmidt Jr. fell behind on his court-ordered restitution payments – and that was enough for a Bullitt County judge to order Schmidt to jail, indefinitely, until Schmidt could come up with the full $1,265 he owed.

There Schmidt sat for more than nine months until an attorney asked for his release in February 2012, arguing that district judge Rebecca Ward's “sit or pay” ruling was unconstitutional.

Schmidt's public defender said the judge had essentially jailed someone too poor to pay, without a hearing or attorney, despite a ruling more than 30 years ago by the U.S. Supreme Court outlawing the practice, which is often called “debtor's prison.”

In fact, Bullitt County judges have for years jailed defendants indefinitely for not paying restitution or certain court fees, according to a WDRB review of cases.

“The Constitution guarantees that people have due process, an attorney and a hearing -- and none of those things are being given to any of these people,” said Jennifer Wittmeyer, director of the Bullitt County Public Defender's office, who represented Schmidt.

....

The unconstitutional “sit or pay” cases aren't unique to Bullitt County, said Ed Monahan, head of Kentucky's Department of Public Advocacy, which represents defendants who cannot afford an attorney.
“It is a big problem in Kentucky,” he said in an e-mail. “Poor people are being locked up for not paying when there has been no willful refusal to pay.”

Complete article