 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Hyatt v. Commonwealth7/7/2000
AFFIRMING IN PART,
REVERSING IN PART AND REMANDING
William Keith Hyatt, Jr. appeals from an Anderson Circuit Court order classifying him as a high risk sex offender pursuant to Kentucky Revised Statute (KRS) 17.570. The issues presented are: (1) whether Kentucky's sex offender registration law, KRS 17.500-.991, violates the United States Constitution and Kentucky Constitution because the law exposes Hyatt to double jeopardy; (2) whether the sex offender registration law is an ex post facto law; (3) whether Hyatt has a constitutionally protected privacy interest in the disclosure of personal information under the United States Constitution and Kentucky Constitution and is thus entitled to procedural due process; and (4) whether the trial court violated Hyatt's due process rights by not providing the prerelease sex offender risk assessment to his counsel until the morning of the hearing, by failing to have the person who completed the risk assessment attend the hearing, by not requiring the victim to testify at the hearing, and by not allowing Hyatt to call expert witnesses to refute the risk assessment report's conclusions.
I. FACTS AND PROCEDURAL HISTORY
Over a period of years, Hyatt sexually abused his younger sister. In October or November 1990, Hyatt, who was apparently intoxicated, threw his thirteen-year-old sister onto a couch in their parents' home and fondled her vaginal area and breasts. The victim managed to escape and fled to the kitchen. Hyatt followed and, while holding a knife to the victim's throat, threatened to kill her if she told anyone.
In April 1991, Lawrenceburg Social Services became aware of the abuse and referred the allegation to the Kentucky State Police. Hyatt was subsequently arrested and charged with first-degree sexual abuse. On July 18, a grand jury charged Hyatt in an indictment with one count of first-degree sexual abuse. On October 8, Hyatt pled guilty, and the circuit court sentenced him to imprisonment for one year. The sentence was suspended and Hyatt was placed on probation for three years.
In 1992, Hyatt's probation was revoked for various violations.
At some point after Hyatt had pled guilty to first-degree abuse, the victim divulged additional details about the abuse. According to the victim, Hyatt had also forced her to perform oral sex on him and forced her to have sexual intercourse. Hyatt was then charged in an indictment with first-degree rape and first-degree sodomy. On January 11, 1993, Hyatt pled guilty to amended charges of second-degree rape and second-degree sodomy. He was sentenced to imprisonment for five years on each count to be served consecutively.
On January 11, 1999, Hyatt was ordered to undergo a sex offender assessment pursuant to KRS 17.570. Hyatt requested assistance of counsel at the hearing and sought to appear in person. On the morning of the hearing, the prerelease sex offender risk assessment conducted by Dr. Dennis E. Wagner, a licensed psychologist, arrived by facsimile. The Commonwealth did not enter the original into evidence at the hearing, nor was Dr. Wagner present to testify. The court admitted the report, and Hyatt did not present any evidence to counter the report's conclusions. Thus, relying exclusively on the report, the court classified Hyatt as a high risk sex offender pursuant to KRS 17.550. This appeal followed.
II. LEGISLATIVE HISTORY
In response to public outrage after the abduction and sexual abuse of children, a number of states across this country attempted to find ways to protect children. In particular, legislators expressed concern for the high rate of recidivism by the perpetr
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 Kentucky DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|