Roy Durham Named Appeals Branch Supervisor
Roy Durham has been named a supervisor in DPA’s Appeals Branch. Roy started his career in the Appeals Branch in 2005. During his time in Appeals, Roy has been responsible for a number of important published decisions, including: Commonwealth v. Mitchell, 516 S.W.3d 803 (Ky. 2017)(Commonwealth required to specify the legal duty owed to the victim in order to pursue an “assault by omission” theory); Scroggins v. Commonwealth, 446 S.W.3d 234 (Ky. App. 2014)(Commonwealth violated the Interstate Agreement on Detainers (IAD), thus mandating dismissal with prejudice (a.k.a., the appellate unicorn); Johnson v. Commonwealth, 450 S.W.3d 696 (Ky. 2014)(vacating conviction due to Batson claim, based on finding that prosecutor’s explanation was not “race neutral”); Leger v. Commonwealth, 400 S.W.3d 745 (Ky. 2013)(Miranda warning ineffective when after the warning the police officer told the defendant that the conversation would “just be between us”); Paulley v. Commonwealth, 323 S.W.3d 715 (Ky. 2010)(reversing case due to trial court's refusal to strike prospective juror for cause despite juror's expressed uncertainty as to whether she could maintain impartiality).
In addition to his excellent work as an appellate advocate, Roy has developed a reputation as one of the most helpful people we know. Roy is always available to help attorneys with their cases through brainstorming or in any other way that might be needed. Because of his strengths as an attorney and as a coworker, in 2016 Roy was given the Larry Marshall/Founders Day award, given annually in the Post-Trial Division for the employee who best embodies the helpfulness and good humor of Larry Marshall, one of the giants of DPA.