Minch v. Commonwealth
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The Supreme Court reversed Defendant's convictions on forty counts of possession or viewing of a matter depicting a sexual performance by a minor, seven counts of the use of a minor under sixteen in a sexual performance, and one count of sexual abuse of a minor under twelve, holding that the trial court erred in allowing the Commonwealth to use a great number of unindicted images as Ky. R. Evid. 404(b) evidence.
At the end of an investigation, a law enforcement officer found 4,622 images and 1,005 videos of child sexual exploitation material on Defendant's home computer and 925 files of child sexual-exploitation material on Defendant's cell phone. The trial court subsequently convicted Defendant and sentenced him to a total of seventy years' imprisonment. On appeal, Defendant argued that any discussion of images not presented to the grand jury and therefore not subject to indictment should not have been allowed by the trial court. The Supreme Court reversed, holding that Defendant's trial was rendered unfair by the Commonwealth's introduction into evidence a number of inindicted images.
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