Criminal – KRE 412 evidence re other victims subject to abuse by family member: Adkins v. Commonwealth (COA 5/22/2009)

Adkins v. Commonwealth
2009 WL 1424007
Opinion by Judge Thompson; Judge Caperton and Senior Judge Graves concurred.

The Court affirmed appellant’s conviction and sentence for second-degree unlawful imprisonment and three counts of first-degree sexual abuse.

The Court held that the trial court did not abuse its discretion in excluding evidence that the victims were subjected to abuse by another family member because the evidence was precluded by KRE 412. First, the motion describing the evidence and the purpose for which it was to offered was not filed fourteen days prior to trial, nor was it introduced by avowal. Further, the facts as alleged by appellant, even if true, did not present a viable defense, as even if another family member abused the victims, this would not exonerate appellant from his separate criminal acts.

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