Blane v. Commonwealth

Summary

The Supreme Court of Kentucky reviewed Derryl D. Blane’s convictions for drug-trafficking offenses, possession of drug paraphernalia, and first-degree persistent felony offender status. The court held that the search warrant was supported by probable cause and that the Batson challenge was properly denied, but ruled that the trial court improperly amended the marijuana-trafficking charge after granting a directed verdict. The court also found palpable error in admitting prior amended charges during the penalty phase and in applying first-degree PFO status to one count, requiring reversal or remand on those issues.

Holdings

1. The trial court properly denied suppression because the affidavit was not shown to contain a deliberate falsehood or reckless disregard for the truth, and the affidavit provided a substantial basis for finding probable cause under the totality of the circumstances.
2. The trial court did not clearly err in denying Blane's Batson motion because the Commonwealth provided race-neutral reasons for striking the prospective juror and Blane did not prove purposeful racial discrimination.
3. A trial court may not amend a charge after granting a directed verdict of acquittal on that count, and the amendment was independently impermissible because it charged an additional or different offense.
4. The Commonwealth may introduce the nature of prior offenses for which a defendant was convicted, but may not introduce original charges that were amended before conviction; admitting those charges was palpable error requiring a new penalty phase.
5. Blane's first-degree PFO conviction was invalid as to Count 1 because he had only one prior felony conviction when he committed that offense; the proper PFO degree for that count was second-degree PFO.
6. The maximum permissible aggregate sentence was twenty years, not thirty years, because KRS 532.110(1)(c) capped consecutive indeterminate terms at the longest extended term authorized for the highest class of offense.
7. On remand, Blane may request application of the amended KRS 218A.500 penalty because the amendment mitigated the punishment and judgment was pronounced after the amendment took effect.

Questions Presented

1. Whether the search-warrant affidavit contained a deliberately or recklessly false or misleading statement about the reliability of the confidential informant and therefore failed to establish probable cause.
2. Whether the Commonwealth's peremptory strike of an African-American prospective juror violated Batson and the Equal Protection Clause.
3. Whether the trial court could amend the marijuana-trafficking charge after granting a directed verdict of acquittal on the school-zone charge.
4. Whether the penalty phase could include evidence of original charges that had been amended before the defendant was convicted of the amended offenses.
5. Whether the first-degree PFO conviction was valid as to Count 1 when Blane had only one prior felony conviction at the time he committed that offense.
6. Whether the thirty-year aggregate sentence exceeded Kentucky's statutory sentencing limit.
7. Whether Blane could request retroactive application of the amended drug-paraphernalia penalty under KRS 446.110.

Disposition

reversed_and_remanded