Riley v. Commonwealth

Summary

The Supreme Court of Kentucky affirmed Clifton Edward Riley, Jr.'s convictions for three counts of first-degree burglary, one count of second-degree burglary, and second-degree persistent felony offender. The court held that the trial court was not required to personally inquire whether Riley knowingly and voluntarily waived his right to testify. It also held that the evidence, including the recovery and resale of stolen property and other circumstantial evidence, supported the burglary convictions.

Holdings

1. A trial court has no obligation to inquire of a defendant whether he knowingly and voluntarily waived the right to testify when the court knows only that the defendant is dissatisfied with counsel and has no reason to believe counsel is frustrating the defendant's desire to testify.
2. The evidence was sufficient to support Riley's convictions for the charged burglaries, including the first-degree burglary convictions involving stolen deadly weapons.
3. The court declined to review the ineffective-assistance claim on direct appeal because the record did not contain sufficient evidence on which to consider it.

Questions Presented

1. Whether the trial court was required to personally inquire whether Riley knowingly and voluntarily waived his constitutional right to testify after defense counsel informed the court that Riley no longer wished to testify.
2. Whether the evidence was sufficient to support Riley's convictions for two counts of first-degree burglary and one count of second-degree burglary, rather than only convictions for receiving stolen property.
3. Whether Riley's ineffective-assistance claim could be reviewed on direct appeal when the trial court denied his post-trial motions without a hearing and the record contained insufficient evidence.

Disposition

affirmed