Commonwealth v. Guernsey

OPINION OF THE COURT BY

JUSTICE HUGHES

This case, on transfer from the Court of Appeals pursuant to Kentucky Rule of Civil Procedure (CR) 74.02, presents a challenge to an order of the Fayette Circuit Court which excluded the death.penalty as a potential sentencing option for Robert Guernsey and Trustin Jones. Specifically, on the motions of Guernsey and Jones and prior to trial, the circuit court concluded that the death penalty would be a.disproportionate punishment in this prosecution for murder and first-degree, robbery. We find error, in the circuit court’s pretrial ruling excluding the…