Geary v. Commonwealth
Annotate this CaseAfter a jury trial, Defendant was convicted of first-degree robbery. Finding Defendant to be a persistent felony offender, the jury recommended a sentence of thirty years’ imprisonment. The trial court sentenced Defendant accordingly. The Supreme Court affirmed, holding (1) the trial court was correct in denying Defendant’s request for the Kentucky State Police laboratory to test two bandanas for Defendant’s DNA; (2) the trial court did not abuse its discretion by excluding Defendant’s proffered alternate perpetrator testimony; (3) the trial court did not err by denying Defendant the opportunity to impeach a witness for an alleged inconsistent statement; and (4) the testimony of a parole officer regarding good-time credit did not rise to the level of palpable error.
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