Kentucky

Improper hearsay results in reversal of conviction: MONROE V. COM. (SC 1/24/2008)

By Michael Stevens

MONROE V. COM.
CRIMINAL:  IMPROPER HEARSAY RESULTS IN REVERSAL
2005-SC-000312-MR.pdf
PUBLISHED: REVERSING
OPINION BY NOBLE; SCOTT CONCURS IN PART AND DISSENTS IN PART BY SEP. OPINION IN WHICH MINTON JOINS
DATE RENDERED: 01/24/2008

In this high profile Jefferson County case, the SC reversed Defendant's conviction for murder due to the introduction of improper hearsay testimony. Here, the Defendant allegedly paid her son to murder her husband. TC allowed the Commonwealth to introduce statements made by her son to other witnesses implicating the Defendant. At trial, the son invoked his 5th Amendment privilege, thereby precluding any cross-examination. SC held the statements were impermissible hearsay, and thus, TC erred by permitting them throught the exception of statements made in furtherance of a conspiracy.

SCOTT C. BYRD

Full post as published by Kentucky Cases on February 19, 2008 (boomark / email).