Bowling v. Commonwealth, 942 S.W.2d 293 (Ky. 1997)

Cases | Bowling v. Commonwealth, 942 S.W.2d 293 (Ky. 1997) | 2018

The defendant was sentenced to death for murder and to imprisonment for first degree robbery and first degree burglary. On appeal, the defendant claimed that: (1) due process of law was denied by the admission without objection of favorable evidence of the victims’ character; and (2) the Commonwealth did not give notice that victim evidence would be introduced during the penalty phase. The supreme court held that: (1) information provided to the jurors was not unduly prejudicial. The Commonwealth may portray the reality of violence by giving some background information regarding victims as such is relevant to a full understanding of the nature of the crime; and (2) the record was clear that there was no surprise by the introduction of victim related evidence. The Commonwealth’s response to the defendant’s motion to exclude victims’ evidence provided general notice that such evidence would be offered during the penalty phase. Further, there was no trial objection or post trial motion pertaining to inadequate notice.