A.O. v. Commonwealth of Kentucky

CourtCourt of Appeals of Kentucky
DecidedMay 29, 2026
Docket2023-CA-1225, 2024
StatusUnpublished

This text of A.O. v. Commonwealth of Kentucky (A.O. v. Commonwealth of Kentucky) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.O. v. Commonwealth of Kentucky, (Ky. Ct. App. 2026).

Opinion

RENDERED: MAY 29, 2026; 10:00 A.M. NOT TO BE PUBLISHED

Commonwealth of Kentucky Court of Appeals NO. 2023-CA-1225-MR

A.O. APPELLANT

APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE JULIE KAELIN, JUDGE ACTION NO. 23-H-000128-001

COMMONWEALTH OF KENTUCKY APPELLEE

AND

NO. 2024-CA-0035-MR

APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE JULIE KAELIN, JUDGE ACTION NO. 23-H-000128-001

NO. 2024-CA-0866-MR

A.O. APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE JULIE KAELIN, JUDGE ACTION NO. 23-H-000128-001

NO. 2025-CA-0078-MR

APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE JULIE KAELIN, JUDGE ACTION NO. 23-H-000128-001

NO. 2025-CA-1015-MR

APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE JULIE KAELIN, JUDGE ACTION NO. 23-H-000128-001

-2- OPINION AFFIRMING IN PART AND REVERSING IN PART APPEAL NO. 2023-CA-1225-MR AND AFFIRMING APPEAL NOS. 2024-CA-0035-MR, 2024-CA-0866-MR, 2025-CA-0078-MR, AND 2025-CA-1015-MR

** ** ** ** **

BEFORE: CALDWELL, A. JONES, AND TAYLOR, JUDGES.

TAYLOR, JUDGE: A.O. appeals orders in separate appeals entered by the

Jefferson Circuit Court on September 6, 2023, December 7, 2023, June 17, 2024,

December 17, 2024, and July 14, 2025, as concerns the involuntary commitment of

A.O. in accordance with Kentucky Revised Statutes (KRS) Chapter 202C enacted

by the Kentucky General Assembly in 2021. These appeals involve the same

parties and underlying issue – the constitutionality of KRS Chapter 202C as

concerns commitment of a defendant deemed incompetent to stand trial.

Accordingly, for judicial expediency and economy, these appeals have been

consolidated for review by this Court. For the reasons stated, we affirm in part and

reverse in part Appeal No. 2023-CA-1225-MR, and affirm Appeal Nos. 2024-CA-

0035-MR, 2024-CA-0866-MR, 2025-CA-0078-MR, and 2025-CA-1015-MR.

BACKGROUND

In December of 2020, A.O. was arrested in Jefferson County and

charged with attempted murder, assault in the first and second degree, unlawful

imprisonment in the first degree, and being a felon in possession of a firearm. In

-3- June of 2021, A.O. requested a competency hearing. After an evaluation by the

Kentucky Correctional Psychiatric Center (KCPC), the Jefferson Circuit Court

held a competency hearing on January 23, 2023. The court found A.O.

incompetent to stand trial and unlikely to attain competence in the near future.

Immediately thereafter, the Commonwealth petitioned the circuit

court for the involuntary commitment of A.O. pursuant to KRS Chapter 202C.

A.O. objected to the involuntary commitment proceedings. He argued KRS

Chapter 202C was unconstitutional. By order entered June 13, 2023, the circuit

court upheld the constitutionality of KRS Chapter 202C, except as concerns the

provisions set out in KRS 202C.030(3), regarding the burden of proof requirement

of preponderance of the evidence for the initial evidentiary hearing provided for in

KRS 202C.030(1). The court concluded this proof requirement was

unconstitutional, substituting therefore the “beyond a reasonable doubt” standard.

Record at 61. The circuit court then conducted a final commitment hearing with a

jury beginning on August 30, 2023, thru September 6, 2023, which found A.O.

guilty beyond a reasonable doubt, meeting the necessary criteria for involuntary

commitment under KRS 202C.050. The circuit court entered a final involuntary

commitment order on September 6, 2023, committing A.O. to KCPC per KRS

Chapter 202C. The appeal in Appeal No. 2023-CA-1225-MR followed.

-4- In accordance with KRS 202C.060, involuntary review hearings were

conducted by the circuit court to determine if A.O. should remain committed at

KCPC on December 6, 2023, June 17, 2024, December 17, 2024, and July 14,

2025. The court promptly entered orders at the conclusion of each hearing

continuing A.O.’s involuntary commitment at KCPC. A.O. timely appealed each

of those orders in Appeal Nos. 2024-CA-0035-MR, 2024-CA-0866-MR, 2025-CA-

0078-MR, and 2025-CA-1015-MR. These appeals from the review hearings can

be characterized as “protective” appeals, intended to preserve A.O.’s constitutional

challenge to the enforceability of KRS Chapter 202C.

The appeals in Appeal Nos. 2023-CA-1225-MR, 2024-CA-0035-MR,

and 2024-CA-0866-MR were previously held in abeyance by this Court pending

resolution of R.L.P. v. Commonwealth, 2025-SC-0121-DG, that was pending

before the Kentucky Supreme Court. These cases were returned to this Court’s

active docket by Amended Order entered May 12, 2026. The appeals in Appeal

Nos. 2025-CA-0078-MR and 2025-CA-1015-MR were assigned to this panel on

May 7, 2026, and have been consolidated with the aforesaid appeals for disposition

on the merits.

ANALYSIS

The Kentucky Supreme Court has recently reviewed the same

constitutional challenges presented by A.O. to this Court in R.L.P v.

-5- Commonwealth, No. 2025-SC-0121-DG, 2026 WL 1108613 (Ky. Apr. 23, 2026).1

Therein, the Supreme Court upheld the constitutionality of KRS Chapter 202C in

its entirety which delineates the process for the involuntary commitment of a

defendant who is deemed incompetent to stand trial.

The Kentucky Court of Appeals may not ignore a precedent

established by decision of the Kentucky Supreme Court. Rules of the Supreme

Court Rule 1.030(8)(a) states as follows:

The Court of Appeals is bound by and shall follow applicable precedents established in the opinions of the Supreme Court and its predecessor court.

As an intermediate appellate court, we are simply duty bound to follow the

established precedents set out by the Kentucky Supreme Court in its opinions.

Smith v. Vilvarajah, 57 S.W.3d 839, 841 (Ky. App. 2000).

In Special Fund v. Francis, 708 S.W.2d 641 (Ky. 1986), the Supreme

Court eloquently explained why it is imperative that judicial precedents be

followed:

The rule is fundamental and is absolutely necessary in a hierarchical judicial system. If every tier of courts in the judicial hierarchy were free to disregard the decisions of a higher court, the Court of Appeals could freely disregard the decisions of the Supreme Court, the circuit courts could freely ignore the decisions of the Court of

1 The Kentucky Supreme Court has designated its Opinion in R.L.P v. Commonwealth, No. 2025-SC-0121-DG, 2026 WL 1108613 (Ky. Apr. 23, 2026) to be published; however, at this time, R.L.P. has not received an official citation, its finality being May 14, 2026.

-6- Appeals and the Supreme Court and our District Courts would be bound by no law at all, free to ignore the decisions of all higher courts. The result of that course is anarchy.

Id. at 642.

In accordance with R.L.P., we must reject A.O.’s constitutional

challenges to KRS Chapter 202C. However, we note that in Appeal No. 2023-CA-

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Related

Special Fund v. Francis
708 S.W.2d 641 (Kentucky Supreme Court, 1986)
Smith v. Vilvarajah
57 S.W.3d 839 (Court of Appeals of Kentucky, 2000)

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A.O. v. Commonwealth of Kentucky, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ao-v-commonwealth-of-kentucky-kyctapp-2026.