Burke v. Commonwealth

After a jury trial, Defendant was convicted of three counts of second degree assault, one count of fourth degree assault, and being a persistent felony offender in the second degree. The trial court sentenced Defendant to seventeen years’ imprisonment and made a finding that Defendant’s actions constituted a hate crime under Ky. Rev. Stat. 532.031. The court of appeals affirmed. The Supreme Court affirmed Defendant’s convictions but reversed the trial court’s designation of Defendant’s second-degree assaults as hate crimes, holding (1) section 532.031 is constitutional as written and as applied to Defendant; (2) there was sufficient evidence to prove that Defendant’s perception of one victim’s sexuality was a primary factor in his assaulting her; (3) there was insufficient evidence to support a designation of the other three assaults as hate crimes; (4) the trial court did not make prejudicially erroneous rulings on certain evidentiary issues; (5) any error by the trial court in denying Defendant’s request to conduct re-re-direct did not limit Defendant’s ability to effectively present a defense; and (6) any error in the jury instructions had no impact on Defendant’s substantial rights.