Request for Assistance from the KACDL Amicus Curiae Committee
KACDL is considering whether to file an amicus brief in a case where the defendant was convicted of multiple bail jumping offenses after missing a single pretrial conference involving several indictments. The basic facts are below:
The defendant was charged in Johnson County with five counts of trafficking in methamphetamine. Each alleged transaction was charged in a separate one-count indictment; all of the indictments were issued on the same date. Proceedings in the five indictments were consolidated for a pretrial conference to take place on September 25, 2020. The defendant failed to appear for that proceeding. He was subsequently charged with five counts of Bail Jumping in the First Degree (contained in five separate new indictments). In sum, the defendant failed to attend a single pretrial conference, but because five indictments were assigned to that conference, he was cited for five separate bail jumping offenses. He was sentenced to one year in prison for each of the five charges, with the sentences ordered to run consecutively.
The defendant’s case is being appealed. There seems to be no case law in Kentucky regarding the Double Jeopardy significance of five separate convictions for what is arguably a single wrongful act. Courts in other states have taken conflicting positions on the subject.
If KACDL elects to participate as amicus, we could aid the Court of Appeals by advising the judges about the extent to which the practice in Johnson County is employed in other judicial districts in Kentucky. Is it commonly done? Is it rarely done? We therefore invite the KACDL membership (and any other interested party) to answer the following questions:
Are you aware of any case(s) in which the defendant was charged with multiple bail jumping offenses after missing a single pretrial conference?
If yes, In which county(ies) or judicial district(s) have you seen this practice employed? Please list below.
If you regularly practice in any county(ies) or judicial district(s) other than those identified above, please list them below.
Thank you for your assistance!
Send me a copy of my responses.
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