Com. v. Bush
| Decision Date | 25 November 1987 |
| Docket Number | No. 87-SC-291-DG,87-SC-291-DG |
| Citation | 740 S.W.2d 943 |
| Parties | COMMONWEALTH of Kentucky, Movant, v. Donnie Ray BUSH, Respondent. |
| Court | Supreme Court of Kentucky |
David L. Armstrong, Atty. Gen., David A. Sexton, Glenda B. Hardison, Asst. Attys. Gen., Frankfort, for movant.
Donnie Ray Bush, pro se.
The issue is whether a criminal defendant is entitled to a copy of his Presentence Investigation Report (PSI) both at the presentence and post-conviction stages. The respondent, Donnie Ray Bush, was convicted of murder in the Perry Circuit Court and waived preparation of the PSI at the time of final sentencing. Bush was informed by his caseworker at the Northpoint Training Center that a PSI had been prepared by the Office of Probation and Parole for the Corrections Cabinet and was being utilized for purposes of classification and determination of eligibility for involvement in programs at the institution.
Bush made a motion in the Perry Circuit Court for release of a copy of the PSI. This motion was overruled based on the trial court's opinion that "the Perry Circuit Court does not have the authority to order the Department of Corrections to release the report ... [because] an opinion of the Attorney General's office ... states ... that the Presentence Investigation Report should not be released for inspection to the defendant or his counsel...."
On Bush's appeal to the Court of Appeals, this order of the trial court was reversed. The Court of Appeals found:
"... that in carrying out the spirit and purpose of KRS 532.050(4) in its permitting the disclosure of the 'factual contents' of the report to a defendant along with a 'fair opportunity' to controvert them, there is no compelling reason why a criminal defendant should not be given an actual copy of the report, from which is to be deleted the names of confidential informational sources and any language which is most likely to reveal such confidential informational sources."
The Court of Appeals held that defendants are entitled to a copy of the PSI at both the presentence and post-conviction stages.
We disagree. KRS 532.050(4) provides for the court to The Commentary to this section of the Penal Code reveals the compelling reason for not releasing a copy of the report to a criminal defendant:
Thus, the statute specifies that the court shall advise of factual contents and conclusions; not that the court shall release a copy of the report. "Subsection (4...
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Wells v. Commonwealth
...record establishes that Appellant was aware of and given a fair opportunity to controvert the contents of the PSI. See Commonwealth v. Bush, 740 S.W.2d 943 (Ky. 1987). The statute does not require the trial court to correct a PSI after the conviction has become final. Thus, the trial court ......
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Barnes v. O'Dea
...a PSI for purposes of classification and determination of eligibility for involvement in prison programs. See generally Commonwealth v. Bush, 740 S.W.2d 943 (Ky.1987) (PSI utilized for purposes of The district court properly granted summary judgment to the defendants on plaintiff's remainin......
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Hopewell v. Berry
...afforded any state created right to know the substance of his presentence report before his classification hearing. See Commonwealth v. Bush, 740 S.W.2d 943 (Ky.1987). Prison officials clearly have discretion under state law to deny a prisoner future good time. Ky.Rev.Stat. Sec. 197.045(1).......
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Wells v. Commonwealth
...record establishes that Appellant was aware of and given a fair opportunity to controvert the contents of the PSI. See Commonwealth v. Bush, 740 S.W.2d 943 (Ky. 1987). The statute does not require the trial court to correct a PSI after the conviction has become final. Thus, the trial court ......