Haight v. Williamson
| Decision Date | 14 May 1992 |
| Docket Number | No. 91-SC-578-MR,91-SC-578-MR |
| Parties | Randy HAIGHT, Appellant, v. George F. WILLIAMSON, Special Judge and Commonwealth of Kentucky, Real Party in Interest, Appellees. |
| Court | United States State Supreme Court — District of Kentucky |
Allison Connelly, Asst. Public Advocate, Dept. of Public Advocacy, Frankfort, Erwin W. Lewis, Asst. Public Advocate, Dept. of Public Advocacy, Richmond, for appellant.
Barbara M. Whaley, Paul W. Richwalsky, Jr., Asst. Attys. Gen., Frankfort, for appellees.
Appellant, Randy Haight, pursuant to CR 76.36(7)(a), petitions review by this Court as a matter of right. The principal issues presented are: (1) whether appellant is entitled to specific enforcement of a pretrial plea agreement at his retrial where said retrial resulted from an appellate court order to grant appellant's motion to withdraw his plea of guilty and to reinstate the original indictment, (2) whether prosecutorial vindictiveness is to be implied from the Commonwealth's pursuit of the penalty of death upon retrial after promising at the first trial to recommend a sentence of life without parole on each of two counts of murder, and sentences of twenty years on each of two counts of first-degree robbery, (3) whether appellant was implicitly acquitted of the murder and robbery charges by wrongful sentencing of death by the trial judge according to RCr 9.84 as it was written in 1986, and thus would be subjected to a violation of his right against double jeopardy if the Commonwealth seeks the penalty of death at retrial, and (4) whether denial of appellant's petition for a writ of prohibition was proper, according to Sec. 110 of the Kentucky Constitution.
The Court of Appeals on May 31, 1991, denied appellant's petition for issuance of a writ of prohibition in which appellant sought specific enforcement of an April 10, 1986 plea agreement or in the alternative removal of death as a possible penalty in the retrial of his case for the robberies and murders of Pat Vance and David Omer. Appellant now petitions this Court for reversal of the Court of Appeals' decision.
A procedural overview of the case is as follows: Appellant was indicted by the Garrard County Grand Jury on September 3, 1985 on two counts of murder, two counts of first-degree robbery, and possession of a handgun by a convicted felon. After arraignment and entry of a plea of not guilty, the Commonwealth on November 8, 1985 gave written notice that the death penalty would be sought. Following negotiations between counsel for the appellant and counsel for the Commonwealth concerning a plea bargain, appellant filed a "Waiver of Further Proceedings and Petition to Enter Plea of Guilty" with a pretrial plea agreement at the scheduled guilty plea hearing on April 10, 1986.
The plea agreement provided that appellant would enter a plea of guilty to two counts of murder and two counts of first-degree robbery as contained in the Garrard Circuit Indictment No. 85-CR-032. In return the Commonwealth agreed to recommend sentences of life without parole for twenty-five years on each count of murder, and sentences of twenty years on each count of first-degree robbery. All sentences were to be served concurrently. The fifth count charging possession of a handgun was dismissed pursuant to a motion by the prosecutor. Also contained within the agreement was a promise by the Commonwealth to "take no action inconsistent [with those stated] therewith."
After a discussion between the trial judge and appellant's counsel concerning whether the court had discretion to impose the death penalty in light of the previously entered plea agreement, appellant filed a motion to enter the recommended sentences or to withdraw his plea of guilty on June 24, 1986. On September 11, 1986 the Appellant on June 22, 1987 filed a motion with this court seeking enforcement of the plea agreement by requesting an order requiring the Office of the Attorney General for Kentucky to refrain from filing briefs in support of the trial court's sentence. On July 31, 1987 this Court overruled appellant's motion. Finding that appellant's plea was defective and that the trial court thus erred in overruling his motion to withdraw it, this Court in an opinion rendered September 8, 1988, vacated both the trial court's final judgment and the May 8, 1986 order accepting appellant's guilty plea. Haight v. Commonwealth, Ky., 760 S.W.2d 84 (1986). The opinion further directed that, "[a]ll charges in the indictment as originally returned by the Grand Jury are reinstated and this cause is remanded to the trial court for a plea to the crimes charged." Id.
trial judge overruled appellant's motion to withdraw his plea of guilty and held appellant's motion to enter the recommended sentence in abeyance pending court sentencing. The next day in the final judgment the trial judge imposed the penalty of death.
Appellant filed a petition for rehearing on September 15, 1988 before this Court seeking removal of the original trial judge and a determination whether the trial judge's actions substantially prejudiced appellant by usurping prosecutorial discretion in deciding whether to seek the death penalty. The petition was denied.
In anticipation of the retrial, appellant filed a motion in the Garrard Circuit Court on October 18, 1989 to exclude death as a possible penalty, the trial date having been set for November 13, 1989. In a November 1, 1989 hearing considering this motion, appellant was arraigned and a plea of not guilty was entered to the charges. Following this hearing, Special Judge George F. Williamson was assigned to the case and a change of venue to Jefferson Circuit Court was made. On June 11, 1990 the Commonwealth notified appellant that it would seek the death penalty. On July 26, 1990 Judge Williamson overruled appellant's motion to exclude death as a possible sentence.
Appellant next filed a motion to enforce the original plea agreement and in the alternative to construe terms of the plea agreement. The trial judge overruled this motion on August 30, 1990. In response to this denial, appellant then filed a petition for a writ of prohibition on December 11, 1990 with the Court of Appeals seeking to prevent Judge Williamson from trying appellant on grounds that the April, 1986 plea agreement should be specifically enforced, or in the alternative that death should be removed as a possible penalty. On March 14, 1991 we denied the Court of Appeals' recommendation to transfer this original action. Appellant's petition for the writ of prohibition was then denied by the Court of Appeals on May 31, 1991.
Issuance of, or a refusal to issue a writ of prohibition is in the sound discretion of the court. Rowley v. Lampe, Ky., 331 S.W.2d 887 (1960). Basis for granting such relief lies when the petitioner shows that:
(1) the lower court is proceeding or about to proceed outside of its jurisdiction and there is no adequate remedy by appeal, or (2) the lower court is about to act incorrectly, although within its jurisdiction, and there exists no adequate remedy by appeal or otherwise great injustice and irreparable injury would result. Tipton v. Commonwealth, Ky.App., 770 S.W.2d 239 (1989); Hobson v. Curtis, Ky., 329 S.W.2d 565 (1959).
A writ of prohibition thus is granted only in exceptional situations where there is no other adequate remedy at law to prevent a miscarriage of justice. Graham v. Mills, Ky., 694 S.W.2d 698 (1985). Thus any violations of constitutional rights in a criminal conviction provide no basis for issuance of a writ. Hobson v. Curtis, supra.
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