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Tuesday, September 29, 2020

Shayna Hubers' Appeal Denied, Kentucky Supreme Court States No Error Found

Kentucky Supreme Court rules to deny Shayna Hubers appeal.

By Jessie Eden

The Kentucky Supreme Court ruled in an unanimous decision on Friday, September 25, to deny Shayna Hubers' appeal.

The appeal came about after Hubers' April 2015 trial where it was discovered that a felon had served on the jury. Hubers' moved for a new trial and in August 2018 after a 16-day retrial, the jury once again convicted Hubers and she was sentenced to life in accordance with the jury's recommendations. 

Hubers once again appealed the decision, raising questions on the jury selection and a motion to change venues due to pre-trial publicity as well as questioning the quality of some evidence presented.

According to court documents, Hubers brought up these points as a part of her appeal and stating that the court erred in the following;

- refusing to strike six jurors for cause

- refusing to grant a change of venue

- improperly admitting evidence of Hubers’s lack of remorse

- disallowing two defense exhibits

- excluding text and Facebook messages from Poston regarding his drug use

- allowing victim impact evidence during the guilt phase

- permitting the testimony of one witness 

- declaring another witness unavailable and allowing that witness to submit a videotaped testimony. 

After these items were reviewed, the Kentucky Supreme Court denied her appeal citing that the court did not err in judgement on these items.

When asked about the case, Commonwealth Attorney Michelle Snodgrass stated; "We are coming up on the eight year anniversary of Ryan Poston’s senseless murder. Ryan’s family has endured eight years of sleepless nights, holidays with an empty chair at their table and the constant anxiety that comes with two murder trials and the subsequent appeals. Today, with the opinion by the Kentucky Supreme Court, the burden that comes with the legal process has been lifted. Now, they can focus on the true challenge that is before them, learning to live life without their son, brother, grandson, nephew and friend."

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