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Buchanan v. Commonwealth

Citations: 399 S.W.3d 436; 2012 WL 4208939; 2012 Ky. App. LEXIS 181Docket: No. 2011-CA-000639-MR

Court: Court of Appeals of Kentucky; September 21, 2012; Kentucky; State Appellate Court

Narrative Opinion Summary

The case involves the conviction of an individual by the Fayette Circuit Court on charges of first-degree assault, first-degree fleeing or evading police, and tampering with physical evidence, resulting in a fifteen-year sentence. The incident began when suspicious activity was reported, leading to a police officer being shot and injured during a pursuit. Although the defendant faced numerous charges, the conviction was based on testimony from an accomplice. During the trial, an initial jury verdict of not guilty for first-degree assault was corrected to guilty after jurors indicated an error. The trial court allowed this correction without directing a reconsideration of the verdict, differentiating it from cases such as Jackson v. Commonwealth. The defendant's appeal invoked issues of jury instruction, double jeopardy, and a mistrial request due to inadmissible evidence, all of which were rejected by the court. The court affirmed the appropriateness of the jury instructions on both intentional and wanton conduct for first-degree assault. Furthermore, the trial court's denial of a directed verdict on tampering charges was upheld, as evidence suggested intent to conceal a firearm. Ultimately, the appellate court upheld the lower court's judgment, finding no reversible error in the proceedings.

Legal Issues Addressed

Directed Verdict on Tampering with Evidence

Application: The denial of a directed verdict for tampering with evidence was upheld as sufficient evidence indicated the defendant intended to conceal the weapon.

Reasoning: Evidence showed that a gun was found in a doorway as Buchanan fled the scene, leading to the conclusion that a reasonable juror could find he intended to conceal it.

Double Jeopardy

Application: The jury's correction of their initial incorrect verdict did not constitute double jeopardy as it was a correction of form, not substance.

Reasoning: Buchanan's claim of double jeopardy was rejected because the jury's correction did not constitute an acquittal followed by a subsequent conviction for the same offense.

Jury Instructions on First-Degree Assault

Application: The court found it appropriate to instruct the jury on both intentional and wanton conduct for first-degree assault, as evidence supported a conviction under either theory.

Reasoning: First-degree assault can occur through either intentionally causing serious injury with a deadly weapon (KRS 508.010(1)(a)) or through wanton conduct that creates a grave risk of death (KRS 508.010(1)(b)).

Jury Verdict Correction

Application: The trial court permitted the jury to correct their verdict when they identified a mistake, without directing them to reconsider the verdict.

Reasoning: The trial judge then instructed the jury to correct the verdict form. Within two minutes, the jury submitted an amended form indicating guilt, and upon polling, all jurors affirmed the correctness of this new verdict.

Mistrial and Inadmissible Evidence

Application: The court did not find a manifest necessity for a mistrial after a witness inadvertently mentioned the defendant's prison history, as an admonition to the jury was deemed sufficient.

Reasoning: The court found no manifest necessity for a mistrial, as the jury was admonished to disregard Mayberry’s statement and the testimony did not substantially prejudice Buchanan’s case.