# Brown v. Commonwealth

> Kentucky Supreme Court · July 3, 1991 · 812 S.W.2d 502

URL: https://www.frixlaw.com/law-library/cases/9646986

## Case

- **Full name:** Malcolm T. BROWN, Appellant, v. COMMONWEALTH of Kentucky, Appellee
- **Court:** Kentucky Supreme Court
- **Decided:** July 3, 1991
- **Citations:** 812 S.W.2d 502; 1991 Ky. LEXIS 93; 1991 WL 117512
- **Precedential status:** Published
- **Opinion:** Concurring in part by Spain
- **Judges:** Stephens, Combs, Lambert, Leibson, Spain, Wintersheimer
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Stringer v. Commonwealth, 1997 Ky. LEXIS 149 (1997).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9646986

## Opinion text

SPAIN, Justice,
concurring in part and dissenting in part.
While I join with the majority in reversing for a new trial with regard to the admission for impeachment purposes of the twenty-two-year-old prior felony conviction and with regard to the admission of testimony regarding the “Child Sexual Abuse Accommodation Syndrome,” I disagree with the holding that it was error to admit the testimony of Dr. Georgia Tye. I am of the opinion that, as a medical expert, Dr. Tye was properly permitted to testify regarding her physical examination of the victim and her opinion as to the age of scar tissue, based upon her expertise and the case history related by the patient at the time of the physical examination in the emergency room.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9646986. Public record. Not legal advice.