Commonwealth v. Rieder

474 S.W.3d 143, 2015 Ky. LEXIS 1937, 2015 WL 6560465
CourtKentucky Supreme Court
DecidedOctober 29, 2015
Docket2014-SC-000210-DG
StatusPublished
Cited by4 cases

This text of 474 S.W.3d 143 (Commonwealth v. Rieder) is published on Counsel Stack Legal Research, covering Kentucky Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Rieder, 474 S.W.3d 143, 2015 Ky. LEXIS 1937, 2015 WL 6560465 (Ky. 2015).

Opinion

OPINION OF THE COURT BY

JUSTICE CUNNINGHAM

Around 1 a.m. on April 17, 2011, Appellant, Mike Douglas Rieder, was leaving a Lexington- bar when he was approached by a fellow bar patron, Jimmy Muzic. Muzic asked Rieder to give him a ride home. Rieder refused and walked away toward his car. Muzic followed him and jumped into the backseat. Rieder told him to get out, but Muzic said he only needed a ride to a gas station located on the nearby street comer. Rieder reluctantly agreed to drive Muzic to the gas station. When the two arrived at the gas station, Rieder repeatedly demanded that Muzic get out of the car. Muzic refused.

Rieder, who had a concealed deadly weapon license, exited the vehicle, drew his handgun, and pointed it at Muzic in an attempt to frighten Muzic out of his vehicle. Muzic again refused and Rieder forcibly removed him. Once outside the ear, a scuffle ensued and the two men began shoving each other. Rieder raised his gun, pointed it at Muzic, and fired a -single shot. The bullet struck Muzic in the head, killing him instantly. Rieder got back into his vehicle and drove off. He eventually called 911 and reported the shooting. After an investigation, Rieder was charged with murder and was subsequently tried.

A Fayette County Circuit Court jury was instructed on murder, first-degree manslaughter, second-degree manslaughter, and reckless homicide. The jury was also instructed on' self-protection and extreme emotional distress. After a three day trial, Rieder was convicted of second-degree manslaughter and sentenced to ten years’ imprisonment.

Rieder appealed several issues to the Court of Appeals. Finding that the impermissible trial testimony of a Lexington Police Sergeant constituted palpable error, the Court of Appeals vacated Rieder’s conviction and remanded for a new trial. We granted discretionary review. Having reviewed the facts and the law, we reverse the Court of Appeals and reinstate the trial court’s judgment.

Improper Testimony

The Commonwealth called Lexington Police Sergeant David Richardson to testify. Sergeant Richardson was the lead detective in this case and interviewed Rieder soon after the shooting. The following exchange occurred at trial:

Commonwealth: Detective,' after you had concluded your interview with the defendant, did you make a decision to charge him?
Sgt. Richardson: I did.
Commonwealth: And what did you charge him with?
Sgt. Richardson: I charged him with murder.
[145]*145Commonwealth: And why did you make that decision?
Sgt. Richardson: Through the statements he had made, there was no physical force being used against him, and I didn’t feel he had the right to use his gun at that, instant.

Rieder contends that this testimony invaded the province of the jury by expressing an opinion on the. legitimacy -of his self-protection claim. He did not object to this testimony at trial. Therefore, we will review for palpable error. RCr 10.26.

We have defined palpable error as the “probability of a different result or error so fundamental as to threaten a defendant’s entitlement to due process of law.” Martin v. Commonwealth, 207 S.W.3d 1, 3 (Ky.2006). We have also described such errors as those that are “shocking or jurisprudentially intolerable.” Id. at 4. See also McCleery v. Commonwealth, 410 S.W.3d 597, 606 (Ky.2013) (we will not reverse unless “it can be determined that manifest injustice, i.e., a repugnant and intolerable outcome, resulted from that error.”). Although Sergeant Richardson’s testimony was admitted in error,- there was no palpable error here. Several cases warrant discussion.

In Ordway v. Commonwealth, the Appellant was convicted of murdering two men. He presented a self-protection claim at trial. 391 S.W.3d 762 (Ky.2013), In response to questions posed by the Commonwealth, an investigating detective testified that “Appellant did not act like those who had lawfully protected themselves but, had instead acted like those who were fabricating a self-protection defense.” Id. at 775. We determined that this testimony, to. which the Appellant objected at trial, “was clearly devastating to Appellant’s claim of self-defense Id. at 777., We held that the inadmissible testimony was not ’harmless, and therefore reversed Appellant’s murder convictions. Id. , ■ ......

In Stone v. Commonwealth, the Appellant argued for the first time on appeal that the Commonwealth elicited impermissible. “testimony of district court prosecutor Alison Cox that she felt the [assault] allegations against him.were true....” No. 2011-CA-000315-MR, ' 2013 WL 1919566, at *4 (Ky.App.- May 10, 2013). The court determined that it could not be certain that Cox’s statement did not factor heavily into the jury’s, decision, and that the jury may have reached a .different outcome in thé absence of her testimony. Id. at ¾5. Accordingly,, the court held that admitting the impermissible testimony constituted palpable-error requiring reversal of Appellant’s assault- conviction. Id; at *6. ■

The Commonwealth relies on Martinez v. Commonwealth, No. 2008-SC000082-MR, 2009 WL-2706958, at *1 (Ky. Aug. 27, 2009). In that case, the Appellant argued that it ■ was palpable error to permit a detective to testify--that “in his opinion Appellant reacted to the police interrogation in a manner which indicated guilt.” Id. at *5. This Court determined that the testimony was impermissible.- Id. at *6. However, we concluded that-“no matter how inappropriate-, [the' Detective’s] testimony may have been, we cannot find that it rose to a manifest injustice.” Id. In support, we noted that the detective’s erroneous testimony “constituted a small portion of the trial and the evidence presented against Appellant was substantial.” Martinez, 2009.WL 2706958., at ‡6. .

' We find limited utility in Stone and Martinez. Both are unpublished- decisions that are distinguishable from the present case. However, this case is' much -more like Martinez in that the Commonwealth’s evidence was substantial and Sergeant Richardson’s testimony constituted, a dis[146]*146crete and insignificant portion of the trial. And while the present case is similar to our published decision of Ordway, there are three critical distinctions.

First, Ordway applied a harmless error analysis. In contrast, we must apply the much more stringent palpable error standard here. Second, the impermissible testimony in Ordway was more extensive than in the present case. The detective in Ordway was permitted to discuss “how persons who legitimately exercise the right of self-protection typically behave.” Ord-way, 391 S.W.3d at 775. He concluded that Ordway “did not act like those who had lawfully protected themselves but, had instead acted like those who were fabricating a self-protection defense.” Id. Third, Ordway’s self-protection claim did not involve allegations that the shooting was accidental. Id. at 772-73.

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Cite This Page — Counsel Stack

Bluebook (online)
474 S.W.3d 143, 2015 Ky. LEXIS 1937, 2015 WL 6560465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-rieder-ky-2015.