ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Kentucky Blogs -> Kentucky Cases

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Kentucky

: Kentucky Cases

CRIMINAL - Double jeopardy: Tommie Brown v. Commonwealth of Kentucky (SC 10/29/2009)

By Michael Stevens

ADVERTISEMENTS
Tommie Brown v. Commonwealth of Kentucky
2008-SC-000281-MR October 29, 2009
Opinion by Justice Noble. All sitting; all concur.

Brown was convicted ofmultiple charges after an incident where he led police on a high-speedchase. On appeal, the Court reversed Brown?s convictions of two countsof second-degree wanton endangerment as violative of the prohibition ondouble jeopardy. Applying the test from Blockburger, the Court held that second-degree wanton endangerment requires proof of no facts beyondthose required to prove first-degree fleeing or evading police, of whichBrown had also been convicted.

The Court affirmed the rest of Brown?sconvictions, holding that:1) Brown was not entitled to a directed verdict due to insufficiency ofthe evidence.2) Brown was not denied an impartial tribunal because of approvingstatements made by the trial court after the jury gave its sentencerecommendation.3) There was no error by the trial court in allowing the jury to hearthat Brown?s passenger was a 16 year old high school student,since the information was not unduly emphasized or intended toarouse sympathy.4) It was error for the trial court to instruct the jury that the passengerwas a high school student as part of its second-degree wantonendangerment instruction-- but the issue was not properlypreserved and did not rise to the level of palpable error.

Full post as published by Kentucky Cases on November 20, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0136 secs (new cache)