Nathaniel Huskey v. Commonwealth of Kentucky

CourtCourt of Appeals of Kentucky
DecidedJuly 29, 2021
Docket2020 CA 000375
StatusUnknown

This text of Nathaniel Huskey v. Commonwealth of Kentucky (Nathaniel Huskey 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
Nathaniel Huskey v. Commonwealth of Kentucky, (Ky. Ct. App. 2021).

Opinion

RENDERED: JULY 30, 2021; 10:00 A.M. NOT TO BE PUBLISHED

Commonwealth of Kentucky Court of Appeals

NO. 2020-CA-0375-MR

NATHANIEL HUSKEY APPELLANT

APPEAL FROM LOGAN CIRCUIT COURT v. HONORABLE JOE W. HENDRICKS, JR., JUDGE ACTION NO. 19-CR-00155

COMMONWEALTH OF KENTUCKY APPELLEE

AND NO. 2020-CA-0377-MR

APPEAL FROM LOGAN CIRCUIT COURT v. HONORABLE JOE W. HENDRICKS, JR., JUDGE ACTION NO. 18-CR-00348

OPINION AFFIRMING

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

CALDWELL, JUDGE: Nathaniel Huskey (Huskey) appeals from his convictions

of two counts of trafficking in a controlled substance in the first-degree, one count

of possession of a controlled substance in the first degree, and three counts of

possession of drug paraphernalia, and his sentence of ten (10) years’ imprisonment.

We affirm.

FACTS

In 2018, the Russellville Police Department conducted drug

trafficking investigations and employed Lee Rosser (Rosser) as a confidential

informant. Rosser was fitted with audio and video equipment, given marked bills,

and sent to conduct several controlled drug buys from Huskey. Prior to each buy,

Rosser and his vehicle were searched. Subsequent to each buy, Rosser was

debriefed, and he provided the audio and video recordings as well as the

substances he had obtained to the police. The video was obscured during portions

of the buys, but the audio was recorded each time. Testing revealed the substance

Rosser turned over, which he stated he purchased from Huskey, contained cocaine.

Following three buy operations conducted in July and September of

2018, Huskey was indicted and charged with three counts of trafficking in a

controlled substance and three counts of possession of drug paraphernalia for the

baggies in which the cocaine was packaged.

-2- At trial, Rosser testified as to the events of each controlled buy

operation, along with Officer Troy Robinson of the Russellville Police

Department. The jury found Huskey guilty of two counts of trafficking, finding

him guilty of the lesser-included offense of possession of a controlled substance

for the second controlled buy because only audio corroboration was captured. The

jury recommended a total sentence of ten (10) years, which the Logan Circuit

Court imposed. Huskey appeals as a matter of right, alleging that a directed

verdict should have been granted as to all counts and that irrelevant and prejudicial

evidence improperly introduced denied him a fair trial. We affirm.

I. DIRECTED VERDICT

STANDARD OF REVIEW

The standard of review for the denial of a motion for directed verdict

of acquittal is:

On motion for directed verdict, the trial court must draw all fair and reasonable inferences from the evidence in favor of the Commonwealth. If the evidence is sufficient to induce a reasonable juror to believe beyond a reasonable doubt that the defendant is guilty, a directed verdict should not be given. For the purpose of ruling on the motion, the trial court must assume that the evidence for the Commonwealth is true, but reserving to the jury questions as to the credibility and weight to be given to such testimony.

-3- On appellate review, the test of a directed verdict is, if under the evidence as a whole, it would be clearly unreasonable for a jury to find guilt, only then the defendant is entitled to a directed verdict of acquittal.

Commonwealth v. Benham, 816 S.W.2d 186, 187 (Ky. 1991) (citations omitted).

ANALYSIS

In arguing that the trial court erred in not directing a verdict of

acquittal on all counts, Huskey alleges that Rosser, the confidential informant, was

not of sufficient credibility and his lack of credibility is fatal to the government’s

case. He begins his argument citing statements by the trial court which indicate

that it, who obviously had prior contact with Rosser, believed him to be a liar.

However, the Benham standard requires the trial court to consider the

testimony adduced to be true and only direct a verdict of acquittal if, after doing so,

there is still a dearth of evidence to support a finding of guilt. Id. The fact that the

trial court believed Rosser to be incredible, alone, is insufficient for us to find that

the trial court should not have allowed the arbiter of the credibility of the witness,

the jury, to determine the verdict. The jury is the trier of fact and it is for the jury

to make determinations concerning weight or credibility of witnesses.

In deciding a motion for directed verdict, the trial court must view the evidence in the light most favorable to the Commonwealth. As noted above, the trial court must accept the evidence as true. The jury may find the evidence to be otherwise; however, that is solely the jury’s prerogative.

-4- Eversole v. Commonwealth, 600 S.W.3d 209, 218 (Ky. 2020) (internal citations

omitted).

When testimony is implausible, the trial court must not simply enter

directed verdict, but must review the balance of the evidence to deduce if sufficient

other evidence was presented to allow the case to go to the trier of fact. Ross v.

Commonwealth, 531 S.W.3d 471, 474 (Ky. 2017). Huskey alleges that the

Commonwealth did not present sufficient evidence, other than the testimony of

Rosser, to the trial court for conviction and insists the trial court erred in not

directing a verdict of acquittal.

For the first transaction, which occurred on July 3, 2018, Rosser

provided crack cocaine upon returning to Officer Robinson. Officer Robinson,

who Huskey does not allege was incredible, provided testimony that Rosser and his

vehicle were searched before and after he proceeded to the location of the

transaction. Photographs were introduced that purported to depict Huskey, which

established that Rosser encountered Huskey during his absence from Officer

Robinson. Such testimony alone is sufficient evidence to allow the jury to

determine the verdict and if it believed that there was sufficient corroboration of

Rosser’s testimony and whether his testimony was believable, which it apparently

did, to find guilt.

-5- The second transaction was alleged to have occurred on July 6, 2018.

The jury found Huskey guilty only of possession of a controlled substance for this

charge, acquitting him of trafficking. As to this allegation, there was no

photographic proof provided. Even if we are to disregard Rosser’s testimony, the

jury heard the testimony of Officer Robinson. This testimony was an adequate

basis for allowing the jury to determine if his testimony and the recovery of crack

cocaine alone was sufficient to find Huskey guilty of possession. Robinson

testified that Rosser and his vehicle were searched prior to his leaving Robinson’s

presence, and when he returned he had cocaine in his possession. It was the

purview of the jury to determine if there was sufficient corroboration of Rosser’s

testimony to find guilt.

For the last transaction, which occurred on September 17, 2018, there

was again photographic proof of a person identified as Huskey with cash being

presented to him while he leaned in a car window. This, coupled with Officer

Robinson’s testimony, was sufficient proof to allow the jury to determine if it

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Related

Commonwealth v. Benham
816 S.W.2d 186 (Kentucky Supreme Court, 1991)
Dixon v. Commonwealth
149 S.W.3d 426 (Kentucky Supreme Court, 2004)
Miller v. Commonwealth
283 S.W.3d 690 (Kentucky Supreme Court, 2009)
Cole D. Ross v. Commonwealth of Kentucky
531 S.W.3d 471 (Kentucky Supreme Court, 2017)
Martin v. Commonwealth
409 S.W.3d 340 (Kentucky Supreme Court, 2013)
McCleery v. Commonwealth
410 S.W.3d 597 (Kentucky Supreme Court, 2013)
Walker v. Commonwealth
548 S.W.3d 250 (Missouri Court of Appeals, 2018)

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