Opinion

Tackett v. Commonwealth

  • 445 S.W.3d 20
  • 2014 Ky. LEXIS 494
  • 2014 WL 5392071
Court
Kentucky Supreme Court
Filed
Oct 23, 2014
Status
Published
Author
Venters
On the bench
Abramson, Cunningham, Keller, Minton, Noble, Only, Scott, Venters
Cited by
51 cases

holding the defendant waived his ability to challenge the admission a physician’s report that identified him as the perpetrator because defense counsel stated it had “no objection” to the admission of the report

How later courts described this case

  • holding the defendant waived his ability to challenge the admission a physician’s report that identified him as the perpetrator because defense counsel stated it had “no objection” to the admission of the report
  • noting that “[u]nlike the parents in Blount, [victim’s mother] did not attempt to tie [victim’s] vaginal rashes and overactive gag reflex to anything she learned during counseling or to anything she learned from a counselor[]”
  • “ A party cannot ask a trial court to do something and, when the court does it, complain on appeal that the court erred. . . . When, as here, a party not only forfeits an error by failing to object to the admission of evidence, but specifically waives any objection, the party cannot complain on appeal that the court erroneously admitted that evidence[]”
  • noting that invited errors reflect a “knowing relinquishment of a right” and amount to a waiver

Written by the judges who cited it.

The opinion

VENTERS, J.,

concurring in result only:

I concur in result only with the Majority opinion. I agree with Justice Noble’s dissent that KRE 404(b) was violated by introduction of evidence of crimes other than the singular offenses charged, that the testimony about the victim’s behavior violated, at least marginally, our long-standing prohibition against evidence based upon child’s sexual abuse accommodation syndrome, and that defense counsel’s opening statement did not open the door so as to justify the subsequent bolstering of the witness’s testimony. Nevertheless, I do not join Justice Noble’s dissent because none of the errors were preserved for appellate review and I cannot conclude that even the accumulation of those errors amounted to palpable error.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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