Diversion and Persistent Felony Offender (PFO)

The Kentucky Supreme Court decided in Commonwealth v. Richard Derringer, 386.S.W.3d 123 (2012), that a diversion conviction cannot be used to form the basis of a PFO charge because the defendant has not been sentenced.  The Supreme court held that Pretrial Diversion...

Rape Shield Law

 The rape shield law is found in Kentucky Rule Evidence 412, (KRE 412).  In cases involving alleged sexual misconduct, evidence is generally not allowed if it is offered to prove that the alleged victim engaged in the other sexual behavior or is used to prove an...

Brady Violation

The most important case for criminal discovery is Brady v. Maryland (1963).  Brady established an accused’s due process right to ‘favorable evidence that is material to guilt or punishment.’  Material evidence is defined as evidence that would create...