Powers v. Commonwealth
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The Supreme Court affirmed the decision of the court of appeals affirming Defendant's conviction of sodomy in the first degree and rape in the first degree and his sentence of seventeen years' imprisonment, holding that there was no error in the proceedings below.
On appeal, Defendant sought clarification of the application of the exceptions to Ky. R. Evid. 412's general prohibition of evidence of a sexual nature pertaining to the victim of alleged sexual misconduct under the circumstances of this case. The Supreme Court affirmed, holding (1) the residual exception of Rule 412(b)(1)(C) is reserved for exceptional and unanticipated circumstances, and because this case presented neither exclusion was appropriate; and (2) the trial court's exclusion of the proffered evidence did not deprive Defendant of his right to present a meaningful defense or constitute a violation of the Confrontation Clause of the Sixth Amendment.
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