Commonwealth v. Padgett, 2017-SC-000441-DG
Citation | 563 S.W.3d 639 |
Decision Date | 13 December 2018 |
Docket Number | 2017-SC-000661-DG,2017-SC-000441-DG |
Parties | COMMONWEALTH of Kentucky, Appellant/Cross-Appellee v. Michael PADGETT, Appellee/Cross-Appellant |
Court | United States State Supreme Court (Kentucky) |
COUNSEL FOR APPELLANT/CROSS APPELLEE: Andy Beshear, Attorney General of Kentucky, Thomas Allen Van De Rostyne, Assistant Attorney General.
COUNSEL FOR APPELLEE/CROSS APPELLANT: Emily Holt Rhorer, Assistant Public Advocate, Shannon Renee DuPree, Assistant Public Advocate.
After a mistrial, Michael Padgett was tried and convicted by a Daviess County jury for Assault, third degree. At his second trial, he was also charged and convicted as a persistent felony offender (PFO) in the first degree. The jury recommended an enhanced sentence of ten years. The circuit court sentenced Padgett accordingly. On direct appeal, the Court of Appeals vacated his sentence, finding that the second trial violated Padgett’s rights against double jeopardy. The Commonwealth moved this Court for discretionary review, which we granted. After careful review of the record and law, we now affirm the Court of Appeals.
On February 9, 2014, Padgett was housed at the Daviess County Detention Center (DCDC), in the B-pod. He was in a cell alone and covered the window to his cell, so that on-duty deputies could not see inside. He proceeded to kick the door, causing a loud disturbance. Deputies ordered Padgett to remove the obstruction in the window, but he refused. The officers entered Padgett’s cell, handcuffed him, and removed him from the cell to place him in the "Emergency Restraint Chair" (ERC). The ERC is a chair used to restrain prisoners when they are potential dangers to themselves or others; it binds them to their chair at several points (waist, feet, arms) so that the prisoner is prohibited from moving and causing potential damage. Chad Payne, then Sergeant Payne, was the supervising officer on duty. He responded to the scene as Padgett was being removed to the ERC. During the melee, Padgett spit in Payne’s face. Payne ordered another officer to tase Padgett and Padgett was then successfully restrained.
The Commonwealth disclosed two reports to the defense regarding Payne: (1) a report of excessive force with another inmate and (2) a write-up and demotion for making false and unauthorized statements. Payne was demoted from Sergeant to Deputy as a result of the second report. The Commonwealth moved, prior to trial, to exclude "the materials" as irrelevant. The defense objected, arguing that the report of excessive force was relevant to Padgett’s claim of self-defense and that both reports were admissible for impeachment purposes. On September 22, 2014, the court heard arguments on the motion. Relevantly, there was no written order from the court on this motion.1 The hearing itself was an amalgamation of multiple pre-trial issues including jury instructions and the availability of self-protection as a defense to third-degree assault; intertwined within these arguments was reference to the evidence regarding Payne. The trial judge’s order was not abundantly clear; however, at that time, the judge stated:
For impeachment purposes, that may be permitted but I'm just telling you, I don't see it right now. And all I can tell you is that on your motion, I can exclude it up to a point but during trial, depending upon what the testimony is, I very well might allow it. But I can't see it right now. I don't see me allowing that evidence in.
It would seem that what "may be permitted" were the reports on Payne’s disciplinary history. At the parties' questioning, the court continued:
In response to the court’s statements, defense counsel attempted to clarify further:
Judge, if I may address that - I think that you're talking on the disciplinary report? The write-up? Okay. As to the demotion - which is a separate issue, um, I did want to mention that, of course, anytime there’s instances of dishonesty that you cross-examine a witness on, usually it’s about things that aren't necessarily directly connected but you can always question somebody about their veracity and truthfulness ...
The parties then transitioned into discussion on self-protection as a defense to third-degree assault and self-defense in response to law enforcement.
Padgett proceeded to trial over the next two days. On the morning of September 24, 2014,2 the Commonwealth called Chad Payne to the witness stand. The direct examination proceeded without incident. The following exchange occurred during cross-examination, however:
The argument on the Commonwealth’s motion for mistrial was abbreviated:
The court then dismissed the jury and thanked them for their service. After Padgett’s mistrial, the Commonwealth then indicted him as a PFO, first-degree. The parties proceeded to the second trial early the next year, at which Padgett was convicted of one count of third-degree assault. The jury recommended a sentence of one year to serve, but the sentence was enhanced to ten years after Padgett was found guilty on the PFO count. After the conviction was vacated by the Court of Appeals, ...
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