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Commonwealth v. Blair

Supreme Court of Kentucky
Feb 12, 1980
592 S.W.2d 132 (Ky. 1980)

Summary

holding the defendants failed to preserve their directed verdict arguments because they failed to renew their motion for directed verdict at the close of all the evidence

Summary of this case from Ray v. Commonwealth

Opinion

November 20, 1979. Rehearing Denied February 12, 1980.

Appeal from the Jefferson Circuit Court.

Robert F. Stephens, Atty. Gen., Martin Glazer, Asst. Atty. Gen., Frankfort, for movant.

John Tim McCall, Louisville, for respondent Blair.

Frank E. Haddad, Jr., Louisville, for respondent Carpenter.

Robert E. Fleming, Louisville, for respondent Borders.


Over three years ago, respondents Blair, Carpenter and Borders, Louisville police officers at the time, were convicted of two counts of wanton endangerment and two counts of third-degree criminal mischief and sentenced to one year's imprisonment. The Court of Appeals reversed the convictions, holding that the evidence admitted at trial was insufficient to support the jury's verdict. This court granted the Commonwealth's petition for discretionary review and in an opinion issued last June, affirmed the decision of the Court of Appeals as to respondents Carpenter and Borders but reversed that court's decision with respect to respondent Blair.

Petitions for rehearing were submitted by both sides and after careful consideration we now find it necessary to completely reverse the decision of the Court of Appeals and to uphold the judgments of the Jefferson Circuit Court.

We rely substantially on two recent cases, Kimbrough v. Commonwealth, Ky., 550 S.W.2d 525 (1977) and Rudolph v. Commonwealth, Ky., 564 S.W.2d 1, cert. denied, 439 U.S. 1004, 99 S.Ct. 616, 58 L.Ed.2d 680 (1978). The procedural rule, as clarified in Kimbrough, is that in order for the issue of the sufficiency of the evidence to be preserved for appellate review, the party wishing to use the insufficiency as a basis for his appeal must have moved for a directed verdict at the close of all the evidence, not just at the close of the Commonwealth's case in chief. The rationale behind this rule being that: "If there has been no motion for a directed verdict at the close of all the evidence, it cannot be said that the trial judge has ever been given an opportunity to pass on the sufficiency of the evidence as it stood when finally submitted to the jury." Kimbrough, 550 S.W.2d at 529. Furthermore, "[w]e have held consistently that insufficiency of the evidence to support a verdict must be timely raised in the trial court — ordinarily by a motion for a directed verdict . . . in order for the question to be reviewable on appeal." Rudolph, 564 S.W.2d at 4. See e. g., Long v. Commonwealth, Ky., 559 S.W.2d 482 (1977) and Butler v. Commonwealth, Ky., 560 S.W.2d 814 (1977).

Since respondents failed to move for a directed verdict at the close of all the evidence, the Kimbrough rule must be applied as we perceive no reason to retract from this position. We must remain firm in our adherence to specified procedure because "an appellate hearing is conditioned upon compliance with essential rules, without which this Court could not effectively conduct its business. It is our duty to enforce those rules as a part of the judicial process. . . ." United Mine Workers of America v. Morris, Ky., 307 S.W.2d 763, 766 (1957). Judicial consistency must be observed in order to maintain a responsible and efficient court system.

The opinion of the Court of Appeals is reversed, and the judgments of conviction for all three respondents are affirmed.

All concur.


Summaries of

Commonwealth v. Blair

Supreme Court of Kentucky
Feb 12, 1980
592 S.W.2d 132 (Ky. 1980)

holding the defendants failed to preserve their directed verdict arguments because they failed to renew their motion for directed verdict at the close of all the evidence

Summary of this case from Ray v. Commonwealth

requiring motion for directed verdict to preserve sufficiency of the evidence challenge for appellate review

Summary of this case from State v. Crawford
Case details for

Commonwealth v. Blair

Case Details

Full title:COMMONWEALTH of Kentucky, Movant, v. Jerome BLAIR, Richard Carpenter, and…

Court:Supreme Court of Kentucky

Date published: Feb 12, 1980

Citations

592 S.W.2d 132 (Ky. 1980)

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As to Blair, the court stated there was some relevant evidence but did not rule on its sufficiency. The…

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ecause of his failure to renew his directed verdict motion at the close of all the evidence); Ramsey v.…