Akers v. Commonwealth

Summary

The Supreme Court of Kentucky held that the Commonwealth violated its discovery obligations by failing to disclose a police report concerning the victim's physical injuries. Because the undisclosed report substantially impaired the defendant's entire defense, the court reversed all convictions for first-degree stalking, fourth-degree assault, and second-degree unlawful imprisonment and remanded for a new trial. The court did not reach the issue concerning the trial court's refusal to excuse a juror for cause.

Holdings

1. The signed assault report related to the subject matter of Trooper White's testimony and fell within RCr 7.26(1); the Commonwealth was required to disclose it.
2. The discovery violation prejudiced Akers because the undisclosed report materially undermined the defense strategy and created a reasonable probability of a different trial result.
3. Because the undisclosed report substantially impaired Akers's ability to defend the single incident underlying all charges, all convictions had to be reversed.

Questions Presented

1. Whether the Commonwealth's failure to disclose Trooper White's signed assault report violated RCr 7.26 and prejudiced Akers's defense sufficiently to require reversal of all convictions, including first-degree stalking and unlawful imprisonment.
2. Whether Akers was denied his right to peremptory challenges when the trial court refused to excuse a juror for cause.

Disposition

reversed_and_remanded