691 S.W.2d 210 (Ky. 1985), 83-SC-58, Buchanan v. Commonwealth

Docket Nº:83-SC-58-MR
Citation:691 S.W.2d 210
Opinion Judge:WINTERSHEIMER, Justice.
Party Name:David BUCHANAN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.
Attorney:C. Thomas Hectus, Gittleman & Barber, R. Allen Button, Appellate Public Advocate, Louisville, Mark A. Posnansky, Asst. Public Advocate, Frankfort, for appellant. David L. Armstrong, Atty. Gen., David A. Smith, Asst. Atty. Gen., Frankfort, for appellee.
Case Date:June 13, 1985
Court:Supreme Court of Kentucky
 
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Page 210

691 S.W.2d 210 (Ky. 1985)

David BUCHANAN, Appellant,

v.

COMMONWEALTH of Kentucky, Appellee.

No. 83-SC-58-MR

Supreme Court of Kentucky

June 13, 1985

Page 211

C. Thomas Hectus, Gittleman & Barber, R. Allen Button, Appellate Public Advocate, Louisville, Mark A. Posnansky, Asst. Public Advocate, Frankfort, for appellant.

David L. Armstrong, Atty. Gen., David A. Smith, Asst. Atty. Gen., Frankfort, for appellee.

WINTERSHEIMER, Justice.

This appeal is from a judgment based on a jury verdict which convicted Buchanan of murder, robbery, rape and sodomy and sentenced him to life in prison.

The questions presented are whether the trial by a death-qualified jury where Buchanan did not face capital punishment violated due process by excluding a jury panel composed from a fair cross-section of the community, whether there was sufficient evidence to support the finding that Buchanan intended the victim's death, whether there is sufficient evidence to support a finding that he was not acting under extreme emotional disturbance at the time of the murder, whether the trial judge properly allowed the prosecution to introduce evidence of the competency evaluation, and whether the evidence of competency did violate his privilege against self-incrimination.

Barbel Poore was raped, sodomized and murdered in connection with the robbery of a gas station in Louisville on January 7, 1981. She, a 20-year-old service station attendant, was shot twice in the head. Kevin Stanford was convicted as the trigger man. Buchanan accompanied Stanford and was also convicted of murder. Both Stanford and Buchanan were tried together. Stanford was sentenced to death, but Buchanan received a life sentence. This appeal followed.

This Court affirms the judgment of the circuit court.

In a joint trial for capital murder where the death penalty is sought against one defendant, but not the other, the impaneling of a death-qualified jury does not deprive the defendant of the right to a trial by a fair and impartial jury selected from a fair cross-section of the community.

Buchanan's pretrial motion to preclude death-qualification of the jury or to postpone such voir dire until the penalty phase of the trial was overruled. The jury was death-qualified individually by the trial judge prior to the guilt phase of the trial. We find no merit in the argument that such a process necessarily resulted in an extraordinarily conviction-prone jury or that...

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