Sunday, April 23, 2006

Kentucky Reverses Child Abuse Conviction Because of Expert’s Opinion Regarding Parental Awareness

In an unpublished opinion, the Kentucky Supreme Court reversed the conviction of a man accused of allowing his girlfriend to fatally abuse the couple's infant son.  It ruled 4-3 Friday that the trial judge erred when he allowed a prosecution expert, forensic pediatrician to testify that a parent is always aware of abuse in a household. The court stated that the statement was prejudicial and amounted to little more than a personal conclusion beyond the scope of expert’s expertise. Because the case was based mostly on circumstantial evidence,  the court could not rule out that the testimony influenced the jury when it convicted the defendant of of complicity to murder and child abuse in 2003. Source.  Brandon Ortiz, Herald-Leader, Kentucky.com. To read the complete story about this case, please click here (last visited April 23, 2006, reo).

http://lawprofessors.typepad.com/family_law/2006/04/kentucky_revers.html

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