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McGuire v. Commonwealth

Citations

  • 368 S.W.3d 100
  • 2012 WL 2362367
  • 2012 Ky. LEXIS 97

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the trial court’s error in replaying witness testimony outside of the presence of the defendant did not infringe upon the defendant’s due process rights and as a result, did not amount to a manifest injustice
  • holding the trial court erred in allowing an individual not included in the list of statutory victims to give impact testimony during the guilt phase
  • finding trial judge’s remedy of excluding witness’s testimony from penalty phase to be consistent with KRE 615
  • “Pursuant to RCr 9.74,-. the replaying of witness testimony is to be on the record in open court in the presence of the defendant.”
  • “Although motive is not an element of a criminal prosecution, 7 nevertheless, evidence of motive is relevant and admissible to prove conduct consistent with the motive, as well as willfulness or criminal intent.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Abramson, Also, Cunningham, Venters

Read full opinion on CourtListener

Cited by

11 cases in this archive cite this case.

Cites

40 cases in this archive are cited by this case; the 20 most cited are listed.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.