Perry Graves will receive a new trial after the Supreme Court reversed the judgement of the Monroe Circuit Court.
According to the opinion of the Court by Supreme Court Judge Venters, the appeal was filed by Graves asserting that the trial court erred during the guilt phases of the trial by admitting evidence of other acts of drug trafficking and that the trial court deprived him of his right to trial by jury by not requiring the jury to decide if he should be sentenced as a first offender or a second or subsequent offender, and that Judge Eddie Lovelace erred by not sentencing him in accordance with the KRS statute.
Venters noted the Supreme Court reversed the judgment of the Monroe Circuit Court and remanded the case for a new trial because evidence alleging Graves had committed other acts of drug trafficking was admitted in violation of KRE 404(b) and “we cannot determine with fair assurance that the error did not substantially sway the verdict.”
At press time, no further information was available upon when the new trial would be scheduled.