# Springer v. Commonwealth

> Kentucky Supreme Court · May 3, 1999 · 998 S.W.2d 439

URL: https://www.frixlaw.com/law-library/cases/9641928

## Case

- **Full name:** Kimberly SPRINGER, Appellant, v. COMMONWEALTH of Kentucky, Appellee; Alexandra Eades, Appellant, v. Commonwealth of Kentucky, Appellee
- **Court:** Kentucky Supreme Court
- **Decided:** May 3, 1999
- **Citations:** 998 S.W.2d 439; 1999 WL 236406
- **Precedential status:** Published
- **Opinion:** Dissent by Graves
- **Judges:** Graves, Stumbo, Wintersheimer, Cooper, Johnstone
- **Cited by:** 153 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9641928

## How later opinions describe it (automated extraction)

- finding defendant not entitled to protection-of- another instruction where “[u]nder the actually existing facts, there was no need to kill [victim] in order to protect [third person] from ‘imminent death, serious physical injury . . . or [forcible] sexual intercourse’ at his h…
- finding that confession was not involuntary despite police ruse, in which police falsely used videotape to convince woman accused of murdering her husband that her calls had been monitored
- explaining that “[a] new theory of error cannot be raised for the first time on appeal”
- stating “[a] new theory of error cannot be raised for the first time on appeal[]”

## Opinion text

GRAVES, Justice,
dissenting.
Respectfully, I must dissent from so much of the opinion that finds reversible error in the allocation of peremptory challenges. The majority opinion holds that the appellants were jointly entitled to 13 peremptory challenges. The trial court’s interpretation of the rules so as to allow 11 peremptory challenges is reasonable. Under the facts of this case, I would apply a harmless error analysis and affirm the judgment of the trial court. Therefore, I would modify the inflexible holding in Kentucky Farm Bureau Mut. Ins. Co. v. Cook, Ky., 590 S.W.2d 875 (1979).
LAMBERT, C.J, and WINTERSHEIMER, J., join in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9641928. Public record. Not legal advice.