Kentucky Supreme Court Reversing a Double Murder Conviction
How many times have you read my blog posts detailing the importance of following the laws, procedures and protocols? The rule of law depends on it. Your rights and freedom depends on it. In fact, it was just such a technicality that resulted in the Kentucky Supreme Court reversing a double murder conviction.
The court records show that the man who allegedly committed the double murder was found in the car with the bodies of the two deceased individuals. He was eventually sentenced to life in prison. He would be eligible for parole in 25 years. But that’s not where the case ended.
During jury selection, the defendant was not present to participate in his defense. His lawyers explained that he was ill that day, but the judge went forward with the jury selection. The Supreme Court ruled that he had a right to be present for this process.
In a previous post titled, “Plea Deal Used as an Appeal Strategy,” I mentioned that the case still has options, even if it doesn’t initially appear to be going in the defendant’s favor. I also commented that an experienced criminal defense attorney only needs a small opening to begin dismantling the case. It appears this may have been part of the strategy in how the attorneys approached getting the victory in the Kentucky Supreme Court reversing a double murder conviction.
Obviously, there may not have been a plea deal involved, but again, an effective criminal defense lawyer will always look for a way to keep fighting, especially in trial.
During more than 25 years of practicing law in Louisville and throughout the state, I’ve successfully used technicalities to get evidence suppressed, cast doubts on expert testimonies and to appeal cases.
In case you’re wondering, I’ve been admitted to practice before the Kentucky Supreme Court since 1991 and before the United States Supreme Court since 1997. I can take a case to the highest court in the land, if that’s what it requires. In the immortal words of the legendary Jefferson County Judge Glenn McDonald, “Did it…and will again!’
The law provides for equal, fair and just treatment for everyone. Both prosecutors and defense attorneys are required to adhere to the rules of the court. That goes for judges, as well. In this case, not following those rules was responsible for the Kentucky Supreme Court reversing a double murder conviction, on a technicality.
The case is now scheduled for a re-trial. It’s not over, but the defendant has another shot at freedom.
If you’ve been charged with a serious crime in Kentucky, you’ll need an experienced trial attorney to defend your rights. My office number is (502) 589-6916. I’ll be happy to discuss your situation and provide my frank opinion about your options.