Jordan v. Commonwealth

Summary

The Kentucky Supreme Court reversed a defendant’s first-degree rape conviction and life sentence, holding that the trial court improperly admitted evidence concerning a social services determination that a prior sexual-abuse allegation was substantiated. The court concluded that the social worker’s determination was inadmissible hearsay and improper opinion evidence, and that its repeated presentation prejudiced the defendant’s substantial rights. The case was remanded for a new trial.

Holdings

1. The trial court properly denied the motion for a directed verdict because D.W.'s testimony and the evidence viewed under the applicable standard permitted a reasonable jury to find Jordan guilty of first-degree rape beyond a reasonable doubt.
2. The trial court erred by allowing the Commonwealth to present testimony concerning the DSS-150 form's professional determination that D.W.'s prior sexual-abuse allegation was substantiated. The determination was an inadmissible social worker's opinion and hearsay, and its repeated presentation prejudiced Jordan's substantial rights.
3. The court did not reach the merits of the appeal from the amended judgment because reversal of the original conviction and sentence rendered the conditional-discharge issues moot.

Questions Presented

1. Whether the trial court erred by denying Jordan's motion for a directed verdict of acquittal because the Commonwealth's evidence, particularly D.W.'s testimony, was allegedly unbelievable as a matter of law.
2. Whether the trial court reversibly erred by admitting testimony concerning a DSS-150 form and the social-services determination that D.W.'s prior sexual-abuse allegation was "substantiated."
3. Whether the appeal from the amended judgment imposing three years of conditional discharge remained justiciable after reversal of the original conviction and sentence.

Disposition

reversed_and_remanded