RENDERED: FEBRUARY 15, 2018 TO BE PUBLISHED
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QUINTON R. HUDDLESTON APPELLANT
ON APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE AUDRA JEAN ECKERLE, JUDGE NO. 14-CR-001620
COMMONWEALTH OF KENTUCKY APPELLEE
OPINION OF THE COURT BY JUSTICE VENTERS
AFFIRMING
Appellant, Quinton Huddleston, appeals from a judgment of the Jefferson
Circuit Court convicting him of murder, for which he was sentenced to life in
prison without the possibility of parole, criminal attempt to commit murder,
and several other related crimes. As grounds fol'. relief, he contends that the
trial court erred by: (1) denying his request to introduce parole eligibility
information during the capital sentencing phase of the trial; (2) permitting the
Commonwealth to introduce during the guilt phase evidence of other crimes
committed by Appellant against the victims' family; and (3) allowing the
testimony of a witness who was three years old at the time of the crimes and
six years old at the time of the trial. For the reasons explained below, we
affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Appellant and Tanisha Gordon broke up after a tumultuous relationship
that included instances of domestic violence. A short time later, Appellant
forced his way into Tanisha's apartment where he killed her brother, Joshua
Gordon, by shooting him in the chest. Appellant then beat Tanisha with his
gun and shot her in the face. Tanisha survived, but Appellant's attack left her
with devastating injuries. Her three-year-old son, La,Martez, witnessed the
shootings. Later, at the age of six, he briefly testified at Appellant's trial as a
witness for the Commonwealth.
The Commonwealth elected to seek the death penalty and the case was
tried accordingly. Appellantdid not deny that he killed Joshua and attacked
·Tanisha. He claimed that he did so because of an extreme emotional·
disturbance. He testified that he went to the apartment with no intent to
engage in violence, but when he realized that his relationship with Tanisha was
over and that he would not be able to raise LaMartez as his son, he was
overtaken by an extreme emotional disturbance impelling.him to violence. The
jury rejected Appellant's defense and found him guilty as charged.
Although the jury found the existence of a death-qualifying aggravating
circumstance, upon completion of the capital sentencing proceeding, it
recommended a sentence of life without the possibility of parole. Appellant and
the Commonwealth then agreed to concurrent sentences on the remaining
crimes. This appeal followed.
2 II. THE EXCLUSION OF PAROLE ELIGIBILITY INFORMATION DURING THE DEATH PENALTY PHASE IS NOT REQUIRED. The fact that Appellant was tried and convicted in the same trial for both
capital and non-capital crimes posed some penalty-phase complexities for the
trial court. KRS 532.055, entitled "Verdicts and sentencing by ajury in felony
cases," spells out the truth-in-sentencing process generally applicable in any
felony case, while KRS 532.025 details essential sentence-determining factors
that pertain only to the process for fixing the penalty for a capital crime when
the death penalty is a possible· sentence.
As an aside, we review the interplay between ~RS 532.055 and KRS
532.025 mindful that in Commonwealth v. Reneer, we recognized KRS 532.055
as "a legislative attempt to invade the rule making prerogative of the Supreme
Court by legislatively prescribing rules of practice and procedure [and
therefore] it violate[d] the separation of powers doctrine enunciated in Section
28 of the Kentucky Constitution." 734 S.W.2d 794, 796 (Ky. 1987).
Nevertheless, in the spirit of comity, we declined _to hold KRS 532.055
unconstitutional and we agreed to follow its process, at least "for the time
being." Id. at 798. We recently reiterated our recognition of that legislative
incursion, and our continuing acceptance of it as a matter of comity, in
Jackson v. Commonwealth, 481 S.W.3d 794, 799-800 (Ky. 2016). We continue
that'policy now.
Returning to the matter at hand, in Francis v. Commonwealth,
reconciling what we saw as an inconsistency in the two processes set forth in
KRS 532.025 and KRS 532.055, we held that "in any case in which the death
3 penalty is sought, the capital penalty sentencing phase pursuant to KRS
532.025 should be conducted before the truth-in-sentencing hearing under
KRS 532.055(2) and the PFO proceeding per KRS 532.080 are held." 752
S.W.2d 309, 311 (Ky. 1988). Our purpose was to prevent the capital
sentencing process from being tainted by truth-in-sentencing information
admissible under KRS 532.055. Significantly, at the time of the Francis
decision, KRS 532.055(3) expressly stated that the truth-in-sentencing
provisions of KRS 532.055 "shall n,ot apply to sentencing hearings provided for
in KRS 532.025 [for death penalty sentencing]." (Emphasis added.) I
As a natural corollary of the Francis rule, we held in.Perdue v.
Commonwealth that "when the death penalty is sought, evidence of minimum
parole eligibility guidelines may not be introduced at all." 916 S.W.2d 148, 163
(Ky. 1995). "[P]arole eligibility information which is fully admissible under KRS
532.055 has no place in a death penalty hearing pursuant to KRS 532.025.
I Justice Leibson's dissent in Francis (based upon his rejection of the Majority's view that the error was harmless) highlighted the statutory rationale for the Francis rule, stating: KRS 532.055, the Truth-In-Sentencing statute, by its expressed terms, applies to all felony sentencing hearings except for those 'provided for in KRS 532.025.' KRS 532.055(3). Appellant's sentencing hearing on the murder charge was supposed to be a statutory hearing conducted pursuant to KRS 532.025. . . . The only fair way to implement both the capital sentencing statute and the tz}lth-in-sentencing statute is to prohibit use of the latter in any stage of a capital case. Alternatively, at the least, the capital penalty phase should be conducted before the truth-in-sentencing statute. is invoked so as to exclude prohibited testimony from the jury during its capital phase deliberations. 752 S.W.2d at 312.
4 Under no circumstances should parole eligibility enter into death penalty
deliberations." Id. at 164 (citing Francis, 752 S.W.2d 309).
At the conclusion of the guilt phase of his trial, Appellant asked the trial
court to combine the death penalty sentencing phase of the trial with the truth-
in-sentencing phase. In connection with this request, Appellant specifically
. asked that he be allowed to introduce the parole eligibility information relevant
to prison sentences that the jury might impose in lieu of the death penalty.2
Appellant wanted the jury deciding the death penalty to know that if sentenced
to imprisonment for a term of years, Appellant would still serve a very long
period of confinement (85% of the total sentence or 20 years, whichever is less)
before becoming eligible for release on parole. The trial court and the
prosecutor agreed that there was no sound reason to exclude the parole
eligibility standards relevant to the possible non-death capital crime penalties.
However, the trial court was bound to follow the dictates of Perdue, and so it
denied the motion. On appeal, Appellant contends that this exclusion of parole
eligibility information relevant to capital crime sentences was error, and he
invites us to reevaluate the Francis and Perdue holdings in that ·regard. ·
Appellant's argu~ent has merit because in 1998, after Francis and
Perdue were decided, the General Assembly deleted from KRS 532.055(3) the
2 For example, a life sentence for a capital offense has a minimum parole ·eligibility requirement of 20 years; a sentence of a term of imprisonment between 20 to 50 years has a minimum parole eligibility period of 85% of the term or 20 years, whichever is less. 501 KAR 1:030. Obviously, the parole eligibility standard is self- evident for three of the penalties authorized for a capital crime under KRS 532.030: death; imprisonment for life without benefit of probation or parole; and imprisonment for life without the benefit of probation or parole for 25 years.
5 language upon which the Francis and Perdue holdings were predicated.3. The
sentence, "This section [KRS 532.055] shall not apply to sentencing hearings
provided for in KRS 532.025 [for death penalty sentencing]," was stricken from
the statute. Whatever reservation the General Assembly formerly held against
the application of the truth-in-sentencing provisions of KRS 532.055 to death
penalty sentencing under KRS 532.025 was abrogated in 1998. Although
many of our post-1998 cases continue to apply the Francis/ Perdue holding,
none offer any rationale for retaining the rule. 4
By its plain language, KRS 532.055 applies generally to all felony
prosecutions. Murder-is defined by KRS 507.020(2) as a capital offense, which .' ,
is one of five felony classifications established by KRS 532.010.s It follows that
without the express statutory prohibition that guided this Court in Francis and
Perdue, the truth-in-sentencing statute, KRS 532.055, on its face would apply
to the trial of a murder charge.
3 1998 Kentucky Acts Ch. 606 (H.B. 455), effective July 15, 1998. 4 For example, in Marshall v. Commonwealth, rendered after the 1998 amendment, we reiterated without critical analysis: "[W]hen the death penalty is sought, the capital penalty hearing should be conducted prior to the truth-in- sentencing hearing because evidence of parole eligibility is admissible during a truth- in-sentencing hearing, but not during a capital penalty hearing." 60 S.W.3d 513, 523 (Ky. 2001) (citing Francis and Perdue). See also Stopher v. Commonwealth, 57 S.W.3d 787, 804 (Ky. 2001); Emerson v. Commonwealth, 230 S.W.3d 563, S70 (Ky. 2007); Flelds v. Commonwealth, 274 S.W.3d 375, 417 (Ky. 2008); Meece v. Commonwealth, 348 S.W.3d 627, 722 (Ky. 2011); Dunlap v. Commonwealth, 435 S.W.3d 537, 611 (Ky. 2013). s KRS 532.010: "Felonies are classified, for the purpose of sentencing, into five categories: (1) Capital offenses; (2) Class A felonies; (3) Class B felonies; (4) Class C felonies; and (5) Class D felonies."
6 As part of its truth-in-sentencing mission, KRS 532.055(2)(a) 1 permits
introduction of parole eligibility information in the penalty phase of a felony
trial.6 KRS 532.025 contains no inconsistent provision pertaining to death
penalty sentencing. Since explicit exclus~onary language in the pre-1998
version of KRS 532.055(3) was the reason for the Perdue rule, the removal of
that language from the statute also removed the rational underpinning for
Perdue. The rule persists now only as a vestige of the statutory. past and, like
the trial court in this case, we see no sound basis for its continued existence.
Upon review, absent the statutory directive that formerly existed or a
procedural rule of the Court to the same effect, we see no reason to maintain
the rule prohibiting the introduction of parole eligibility standards relevant to
the sentencing alternatives confronting jurors in death penalty cases.
Consequently, the holding of Perdue is overruled. Consistent with the current
statutory structure which we h~ve recognized and enforced as a matter of
comity, parole eligibility standards and other information admissible under
KRS 532.055 and otherwise consistent with the Rules of Evidence are
admissible in the death penalty proceeding.
Appellant further contends that the exclusion of the parole eligibility
information from his death penalty hearing was an error of constitutional
6 More precisely, KRS 532.055(2)(a) 1 permits the Commonwealth to introduce such evidence. However, in Boone v. Commonwealth, 780 S.W.2d 615, 616-617 (Ky. 1989), this Court held that limiting the power to introduce evidence of minimum parole eligibility to the Commonwealth was unconstitutional, and we extended the privilege of introducing such evidence to the defendant.
7 magnitude, and therefore subject to harmless error analysis only under the
"harmless beyond reasonable doubt standard." Chapman v. California, 386
U.S. 18 (1967). Assuming that to be the case, we are nevertheless persuaded
that the error was, indeed, harmless beyond a reasonable doubt.
While the better rule would be to permit Appellant to.introduce th~
parole eligibility standards applicable to the prison terms that the jury could ·
have imposed upon his capital murder conviction, Appellant was tried for his
crimes in accordance with prevailing, if outmoded, c~selaw. We are unable to
perceive any undue prejudice by the omission of that evidence. Most
compelling is the fact that the jury was clearly aware that it could spare
Appellant's life and bar his eligibility for parole for at least twenty-five years,
and. it declined that option in favor of the ~entence that deprived him of any
opportunity for parole. We see no reasonable possibility that the jury which
bypassed that alternative might have otherwise opted for imprisonment for a ' . term of years with an even earlier parole eligibility date. Any error associated
with the trial court's rejection of Appellant's effort to introduce parole eligibility
information at the sentencing phase of the trial was harmless beyond a
reasonable doubt.
III. PRIOR ACTS COMMITTED AGAINST THE GORDON FAMILY WERE PROPERLY AQMITTED. Appellant next contends that the trial court.erred by permitting the
Commonwealth to introduce evidence concerning prior violence Appellant had
committed against members of Tanisha's family. Several months before his
8 shooting of Tanisha and her brother, Appellant assaulted Tanisha after trying
to stab her wi~h a pair of scissors; he also threatened to kill her, her mother,
her siblings and her children. In connection with this event, Appellant pleaded
guilty to.an assault upon Tanisha, wanton endangerment, and criminal
mischief. A few weeks before the shootings, Appellant set fire to Tanisha's
mother's car and stole her cell phone. He was charged in connection with this
event and pleaded guilty.·
Although the Commonwealth sought to have the more recent charges
consolidated for trial with the instant case, the trial court found them to be too
attenuated from the murder case to justify consolidation. However, ove.r
Appellant's objection, the Commonwealth was permitted to introduce evidence
of these offenses at the trial. Appellant reasons that if these other bad acts
were too remote to be tried along with the murder case, they could have very
little probative value in the murder case and should have been excluded. He
arglies that in admitting evidence of these prior crimes, th~ trial court failed to
conduct the KRE 403 analysis of weighing the probative value of the evidence
against its prejudicial effect.
Following a hearing on Appellant's objection to the other bad acts
evidence, the triai court concluded the evidence was relevant "as to potential
intent, motive, plan, m[odus] o[perandi], absence of mistake, absence of mental
health issues, aggravating circumstances, and it is not offered to prove
predisposition." The trial court also concluded that probative weight of the
evidence exceeded its prejudicial effect.
9 Of course, as a general rule, KRE 404(b) prohibits the introduction of
other criminal acts. As we have previously stressed, KRE 404(b) is
"exclusionary in nature," and as such, "any exceptions to the general rule that
evidence of prior bad acts is inadmissible should be 'closely watched and
strictly enforced because of [its] dangerous quality and prejudicial
consequences.'" Clark v. Commo"!-wealth, 223 S.W.3d 90, 96 (Ky. 2007)
(quoting O'Bryan v. Commonwealth, 634 S.W.2d 153, 156 (Ky. 1982)). To
determine the admissibility of prior bad act evidence, we have adopted the
three-prong test described in Bell v. Commonwealth, 875 S.W.2d 882, 889-891
(Ky. 1994), which evaluates the proposed evidence in terms of: (1) relevance, (2)
probativeness, and (3) its prejudicial effect.
We cannot agree with the trial court's scattershot approach for
identifying the· relevance of Appellant's prior offenses by listing with no
explanation most of the possibilities set forth in KRE 404(b)(l). A more
precisely targeted explanation for the relevance of such evidence would far
more effectively demonstrate the exercise of sound discretion. Nevertheless, we
are satisfied that the evidence ·of Appellant's previous violent behavior directed
at Tanisha and her family was relevant to refute his claim that he was only
driven to violence by the sudden realization that she had broken off their
relationship.
The probative value of the evidence under review was certainly and
unquestionably substantial. While its prejudicial effect was correspondingly
great, we cannot say that it was unduly prejudicial. Appellant's prior bad
10 conduct paled in comparison to the cond:i-ict for which he was being tried and
which he had admittedly committed. The trial court did not abuse its
discretion by admitting that evidence.
IV. THE TRIAL COURT DID NOT ERR IN ADMITTING THE TESTIMONY OF A CHILD WITNESS. Tanisha's son, LaMartez, was three years old when he witnessed the
shootings and six years old at the time of trial. Appellant asse.rted three
grounds upon which the trial court erred in admitting LaMartez's testimony: 1)
LaMartez was not competent to testify; 2) the trial court failed to administer a ·
formal oath to LaMartez; and 3) LaMartez's testimony should have been
excluded because the risk of undue prejudice outweighed its minimal probative
value.
LaMartez testified for about three minutes. He said little other than I
acknowledging that he had witnessed the shootings and identifying Appellant
as the perpetrator-both facts that Appellant admits being true. LaMartez was
unable to recall whether his mother had been shot once or twice, and he
incorrectly testified that Joshua had been shot in the head.
A. The trial court properly assessed LaMartez's competence. The determination of a witness's competence to testify falls within the
discretion of the trial court. Bart v. Commonwealth, 951 S.W.2d 576, 579 (Ky.
1997) (citation omitted). "Competency is an ongoing determination for a trial
court," which continues throughout the proceedings, even after any
11 competency hearing has been completed. B.B. v. Commonwealth, 226 S.W.3d
47, 49 (Ky. 2007) (citation omitted).
The trial court conducted two competency hearings pertaining to
LaMartez. Appellant complains that the evidence developed at these hearings
failed to demonstrate an ability to distinguish between the truth and a lie and
failed to demonstrate that he had a sufficient recall of the shootings to permit
his testimony .. Despite some reservations, the trial court found LaMartez
competent to testify.
KRE 601 provides thata witness is competent to testify unless he (1)
lacks the capacity to accurately perceive the matters about which he proposes·
to testify; (2) lacks the capacity to recall facts; (3) lacks the capacity to express
himself so as to be understood; and (4) lacks the capacity to understand the
obligation to tell the truth. KRE 601(b)(l)-(4); J.E. v. Commonwealth, 521
S.W.3d 210, 214 (Ky. App. 2017).
As to the competency of a child witness, ~[i]t seems to be rather well
settled that no rule defines any particular age as conclusive of incapacity."
Thomas v. Commonwealth, 189 S.W.2d 686, 687 (Ky. 1945). "Age is not
determinative of competency and there is no minimum age for testimonial
capacity." Pendleton v. Commonwealth, 83 S.W.3d 522, 525 (Ky. 2002) (citation
omitted). Additionally, the burden of rebutting the presumption of competency
is on the party seeking exclusion of the witness' testimony. Burton v.
Commonwealth, .300 S.W.3d 126, 142 (Ky. 2009). Upon review, we are unable
to conclude that the trial court abused its discretion in its determination that
12 LaMartez was competent to testify. Despite his tender years, at least with
respect to the matters about which he testified, he demonstrated none of the
disqualifying incapacities identified in KRE 601.
B. The trial court's failure to administer an oath to LaMartez was not palpable error. r With respect to Appellant's complaint that LaMartez was allowed to
testify without being sworn to a formal oath, we note that Appellant did not
object at trial and so that issue is not preserved for our review. Absent proper
objection, we review only for palpable error. RCr 10.26.
We find no valid basis for reversal based upon the failure to administer
the formal oath to LaMartez before he testified. KRE 603 provides that "every
witness shall be required to declare that the witness will testify truthfully, by
oath or affirmation administered in a form calculated to awaken the witness'
conscience and impress the witness' mind with the duty to do so." The
language of KRE 603 "is meant to be flexible enough to allow courts to
accommodate the religious beliefs and disbeliefs, to the intellectual immaturity
of children, and to emotional weaknesses of the 'mentally impaired witness."
Robert G. Lawson, The Kentucky Evidence Law Handbook,§ 3.05(2) at 246 (5th
ed. 2013) (citing United States v. Ward, 989F.2d1015 (9t~ Cir. 199~);
Spigarolo v. Meachum, 934 F.2d 19 (2d Cir. 1991)).
To establish palpable error, Appellant must show "the probability of a
different result or error so fundamental as to threaten his entitlement t<;> due
process oflaw." Brooks v. Commonwealth, 217 S.W.3d 219, 2.25 (Ky. 2007)
(citation omitted). On appellate review, our focus is on whether "the defect is
13 so manifest, fundamental and unambiguous that it threatens the integrity of
the judicial process." Martin v. Commonwealth, 207 S.W.3d 1, 5 (Ky. 2006).
Here, any error resulting from the child's testifying without being sworn does
not rise to the level of palpable error because it was merely cumulative to other
· testimony and consistent with Appellant's own admissions.
C. The prejudicial effect of LaMartez's testimony did not outweigh its probative value. Appellant contends that LaMartez's testimony was unduly prejudicial. 5 LaMartez was an eyewitness to the crime so his testimony was plainly relevant
and, therefore, generally admissible under KRE 401-402, subject to the KRE '
403 balancing test. Relevant evidence "may be excluded if its probative value is
substantially outweighed by the danger of undue prejudice, confusion of the
issues, or misleading the jury, or by considerations of undue delay, or needless
presentation of cumulative evidence." KRE 403.
Appellant contends that LaMartez's testimony should not have been
admitted under KRE 403 because it "was intended to appeal to both the jury's
sense of horror and instinct to punish;" and because the testimony "did ·
nothing but bolster testimony already in evidence from o~ers," and related to a
subject that Appellant did not contest-that he had committed the shootings.
We review a trial court's ruling under KRE 403 for abuse of discretion .
. Partin v. Commo.nwealth, 918 S.W.2d 219, 222 (Ky. 1996). When considering
whether to reject relevant evidence under KRE 403, a trial court must consider
three factors: the probative worth of th~ evidence:, the probability that the·
evidence will cause undue prejudice, and whether the harmful effects .
14 substantjally outweigh the probative worth. Id. at 222 (citing Robert Lawson,
The Kentucky Evidence Law Handbook;§ 2.10 at 56 (3d ed. 1993)). We note,
again, that LaMartez's testimony lasted only a few minutes and contained
obvious errors affecting his credibility which were apparent to the jury. We are
satisfied with the trial court's determination that LaMartez's testimony would
not generate undue prejudice outweighing the probative worth of the evidence.
V. CONCLU$ION
For the foregoing reasons, the judgment of the Jefferson Circuit Court is
affirmed.
All sitting. All concur. Cunningham, J., also concurs by separate
opinion in which Hughes and Wright, JJ., join.
CUNNINGHAM, J., CONCUR_RING: I concur in the excellent analysis and
conclusion reached by Justice Venters' writing for the Majority. I only write to
express serious concern that the prosecution utilized a child of such tender
years to solicit evidence which was not that critical to the Commonwealth's
case. If presented to garner sympathy with the jucy, it would do well to
consider the human cost to this little boy of having to relive in front of a jucy of
strangers, what had to be an -unbelievably horrible experience. It is important
to point out that he was only three years of age when the tragedy occurred. If
not forced to recall and relive this scarring experience, the memocy of the
horrid experience might have been less vivid, if not forgotten in this little boy's
memocy'.· Child psychologists can address that issue much better than I can.
In some prosecutions, the ends of justice might require it. But, not here. I
15 '\]\7ould urge that extreme caution be used in similar circurristances by
prosecutors in this state.
Hughes and Wright, JJ., join.
COUNSEL FOR APPELLANT:
Daniel T. Goyette Adam Braunbeck Louisville Metro Public Defender
COUNSEL FOR APPELLEE:
Andy Beshear Attorney General of Kentucky
Jeffrey Allan Cross Assistant Attorney General