Jeremy Brewer v. Commonwealth of Kentucky

Summary

The Kentucky Supreme Court reversed the Court of Appeals and remanded, holding that prior fourth‑degree‑assault convictions are inadmissible in the guilt phase of a KRS 508.032 prosecution, that KRS 508.032 is an enhancement statute rather than a separate crime, and that such prosecutions must be trifurcated into three distinct phases; it also interpreted the statute’s jury‑penalty language to preserve its constitutionality.