Alford plea in Kentucky

2026Pursuant to statutory requirements, the Commonwealth informed Wade that he would be required to 1 An Alford plea “permits a conviction without requiring an admission of guilt and while permitting a protestation of innocence.” Wilfong v. Commonwealth, 175 S.W.3d 84, 103 (Ky. App. 2004). -2- serve 85 percent of that sentence before he would become eligible for parole, and that he would be required to register as a sex offender for life.

2024As we noted previously in Skaggs v. Commonwealth, 488 S.W.3d 10 , 13 n.2 (Ky. App. 2016): An Alford plea “permits a conviction without requiring an admission of guilt and while permitting a protestation of innocence.” Wilfong v. Commonwealth, 175 S.W.3d 84, 103 (Ky. App. 2004).

2025Consequently, Bessinger entered an Alford plea (a conditional guilty plea under North Carolina v. Alford, 400 U.S. 25 (1970)) and preserved his right to appeal the denial of his motion to suppress.

2024On September 14, 2021, Wicks appeared before the Hopkins Circuit Court and entered an Alford plea.2 In exchange for pleading guilty to all the 1 In exchange for his later guilty plea, the Commonwealth dismissed the persistent felony offender charge. 2 North Carolina v. Alford, 400 U.S. 25 , 91 S. Ct. 160 , 27 L.

2025“An Alford plea is a ‘plea of guilty,’ regardless of any denial of underlying facts, and clearly constitutes a criminal conviction.” Pettiway v. Commonwealth, 860 S.W.2d 766, 767 (Ky. 1993).

2024See also Pettiway v. Commonwealth, 860 S.W.2d 766, 767 (Ky. 1993) (“An Alford plea is a ‘plea of guilty,’ regardless of any denial of underlying facts, and clearly constitutes a criminal conviction.”). 2 KY.

2026The same day, Wade appeared before the Trial Court for a plea colloquy in accordance with Boykin v. Alabama, 395 U.S. 238, 241-42 , 89 S. Ct. 1709, 1711 , 23 L.

2026KRS 532.043(1)-(3), provides, in relevant part: (1) In addition to the penalties authorized by law, any person convicted of, pleading guilty to, or entering an Alford plea to a felony offense under KRS Chapter 510, 529.100 involving commercial sexual activity, 530.020, 530.064(1)(a), 531.310, or 531.320 shall be subject to a period of postincarceration supervision following release from: (a) Incarceration upon expiration of sentence; or (b) Completion of parole. (2) The period of postincarceration supervision shall be five (5) years. 5 Boykin v. Alabama, 395 U.S. 238, 244 (1969) “holds that a

2011See Kentucky Bar Association v. Haggard, 57 S.W.3d 300 (Ky.2001) (holding that an Al ford, plea would be deemed a criminal conviction for the purpose of imposing a disciplinary sanction in an attorney disciplinary proceeding).

2006See Kentucky Bar Ass'n v. Haggard, 57 S.W.3d 300 (Ky.2001); Kentucky Bar Ass’n v. Taylor, 549 S.W.2d 508 (Ky.1976).

2024Commonwealth v. Christie, Ky., 98 S.W.3d 485, 488 (2002).”); Tharp v. Commonwealth, 40 S.W.3d 356, 367-68 (Ky. 2000) (holding that trial court’s failure to conduct Daubert hearing sua sponte is not palpable error). 17 gloves worn by Olliphant’s boyfriend—when he had previously assaulted Cook—could have caused Cook’s fatal injuries.

2024Even were we to determine that Detective Amos’s testimony in this area had been expert evidence, the trial court was not requested to hold a Daubert hearing before the testimony was admitted and such was not required here. 3 Next, the trial court also overruled Alford’s objection that there was a lack of foundation to Detective Amos testifying that he did not believe the MMA 3 See City of Owensboro v. Adams, 136 S.W.3d 446 , 451 n.1 (Ky. 2004) (“Nevertheless, a court need not always hold a Daubert hearing even when the evidence is offered in a jury trial, Clay v. Ford Motor Co., 215 F.3d 663,

2024Commonwealth v. Christie, Ky., 98 S.W.3d 485, 488 (2002).”); Tharp v. Commonwealth, 40 S.W.3d 356, 367-68 (Ky. 2000) (holding that trial court’s failure to conduct Daubert hearing sua sponte is not palpable error). 17 gloves worn by Olliphant’s boyfriend—when he had previously assaulted Cook—could have caused Cook’s fatal injuries.

2023By entering such a plea, a defendant may be able to avoid formally admitting guilt at the time of sentencing, but he nonetheless consents to being treated as if he were guilty with no assurances to the contrary.” Wilfong, 175 S.W.3d at 102 (internal quotation marks omitted). -3- searched and state sufficient facts to establish probable cause for the search of the property or premises.’” Guth v. Commonwealth, 29 S.W.3d 809, 811 (Ky. App. 2000) (emphasis added) (quoting Coker v. Commonwealth, 811 S.W.2d 8, 9 (Ky. App. 1991)).

2023By entering such a plea, a defendant may be able to avoid formally admitting guilt at the time of sentencing, but he nonetheless consents to being treated as if he were guilty with no assurances to the contrary.” Wilfong, 175 S.W.3d at 102 (internal quotation marks omitted). -3- searched and state sufficient facts to establish probable cause for the search of the property or premises.’” Guth v. Commonwealth, 29 S.W.3d 809, 811 (Ky. App. 2000) (emphasis added) (quoting Coker v. Commonwealth, 811 S.W.2d 8, 9 (Ky. App. 1991)).

2023By entering such a plea, a defendant may be able to avoid formally admitting guilt at the time of sentencing, but he nonetheless consents to being treated as if he were guilty with no assurances to the contrary.” Wilfong, 175 S.W.3d at 102 (internal quotation marks omitted). -3- searched and state sufficient facts to establish probable cause for the search of the property or premises.’” Guth v. Commonwealth, 29 S.W.3d 809, 811 (Ky. App. 2000) (emphasis added) (quoting Coker v. Commonwealth, 811 S.W.2d 8, 9 (Ky. App. 1991)).

2023By entering such a plea, a defendant may be able to avoid formally admitting guilt at the time of sentencing, but he nonetheless consents to being treated as if he were guilty with no assurances to the contrary.” Wilfong, 175 S.W.3d at 102 (internal quotation marks omitted). -3- searched and state sufficient facts to establish probable cause for the search of the property or premises.’” Guth v. Commonwealth, 29 S.W.3d 809, 811 (Ky. App. 2000) (emphasis added) (quoting Coker v. Commonwealth, 811 S.W.2d 8, 9 (Ky. App. 1991)).

2022Namely, the three years and eleven months he was incarcerated between being indicted 27 Commonwealth v. Jackson, 529 S.W.3d 739 , 746–47 (Ky. 2017) (“Boykin requires that when a plea of guilty is entered in a state criminal trial, the record must affirmatively show that the defendant was informed of, and waived, his privilege against compulsory self-incrimination; his right to a trial by jury; and his right to confront his accusers.”). 28 See Porter v. Commonwealth, 394 S.W.3d 382, 388 (Ky. 2011). 29 Id. 14 and pleading guilty; his numerous trial continuances; and having three different privat

2022Namely, the three years and eleven months he was incarcerated between being indicted 27 Commonwealth v. Jackson, 529 S.W.3d 739 , 746–47 (Ky. 2017) (“Boykin requires that when a plea of guilty is entered in a state criminal trial, the record must affirmatively show that the defendant was informed of, and waived, his privilege against compulsory self-incrimination; his right to a trial by jury; and his right to confront his accusers.”). 28 See Porter v. Commonwealth, 394 S.W.3d 382, 388 (Ky. 2011). 29 Id. 14 and pleading guilty; his numerous trial continuances; and having three different privat

2022A defendant must enter a guilty or Alford plea to criminal charges in order to receive diversion, and a guilty plea is a critical stage of a criminal proceeding “during which the right to counsel attaches.” Commonwealth v. Tigue, 459 S.W.3d 372, 384 (Ky. 2015).

2021See, e.g., Truss v. Commonwealth, 560 S.W.3d 865 (Ky. 2018) (reviewing merits of immunity challenge after holding there was reversible error in jury selection and case would be remanded for new trial); Wright v. Commonwealth, No. 2016-SC-000089-MR, 2017 WL 639386 (Ky. Feb. 16, 2017) (reviewing after defendant reserved right to appeal immunity determination as part of plea agreement); Ragland, 476 S.W.3d 236 (reviewing immunity after holding that jury instructions on self-protection were erroneous); Commonwealth v. Lemons, 437 S.W.3d 708 (Ky. 2014) (reviewing immunity determination after the de

2020Zapata was indicted for her murder Zapata was examined for competency to stand trial by the Kentucky Correctional Psychiatric Center (KCPC) and by his court appoin ted defense counsel’s retained expert Fol lowing a hearing, the trial cou rt determined Zapata was competent After that ruling by the trial cou rt Zapata filed a motion to represent himself as hybrid counsel The trial court conducted a hearing pursuant to Faretta v Califomia 95 S Ct 2525 (1975) 1 and permitted Zapata to act as hybrid counse l Zapata and the Commonwealth reached a negotiated plea agreem ent and appeared in court to en

2017“Due process requires a trial court to make an affirmative showing, on the record, that a guilty plea is voluntary and intelligent before it may be accepted.” Edmonds v. Commonwealth, 189 S.W.3d 558, 565 (Ky. 2006) (citing Boykin v. Alabama, 395 U.S. 238, 241-42 , 89 S.Ct. 1709 , 23 L.Ed.2d 274 (1969)).