Little v. Commonwealth

Summary

The Supreme Court of Kentucky affirmed Danny Little’s convictions for two counts of using a minor in a sexual performance and two counts of promoting a sexual performance by a minor. The court rejected his double-jeopardy and KRS 505.020 arguments, held that the evidence was sufficient to deny directed verdicts, and upheld admission of the videotapes under Kentucky Rules of Evidence 401 and 403.

Holdings

1. Convictions for using a minor in a sexual performance under KRS 531.310 and promoting a sexual performance by a minor under KRS 531.320 did not violate double jeopardy or KRS 505.020 because the convictions were based on distinct actions involving separate incidents and victims, rather than the same conduct.
2. The trial court properly denied Little's motions for a directed verdict because the evidence and reasonable inferences were sufficient for a reasonable juror to find that Little intended to use the minors in sexual performances and promote such performances.
3. The trial court did not abuse its discretion by admitting the three videotapes in their entirety because the tapes were relevant to Burke's guilt, Little's participation and intent, and his claim that the footage depicted family activities, and their probative value was not substantially outweighed by undue prejudice.

Questions Presented

1. Whether convictions for using a minor in a sexual performance and promoting a sexual performance by a minor violated the federal and Kentucky constitutional prohibitions against double jeopardy or KRS 505.020.
2. Whether the Commonwealth presented sufficient evidence of Little's intent to support the convictions and defeat his motions for a directed verdict.
3. Whether the trial court abused its discretion by admitting all three videotapes in their entirety under KRE 401 and KRE 403.

Disposition

affirmed