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COM. v. WILLIS

716 S.W.2d 224 (1986)

COMMONWEALTH of Kentucky, Appellant, v. Leslie WILLIS, Appellee.

Supreme Court of Kentucky.

As Modified on Denial of Rehearing October 16, 1986.

Attorney(s) appearing for the Case

David L. Armstrong, Atty. Gen., Penny R. Warren, Asst. Atty. Gen., Frankfort, Raymond M. Larson, Patrick M. Malone, Sp. Asst. Atty. Gens., Lexington, for appellant.

John P. Schrader, Geralds, Moloney & Jones, Lexington, for appellee.

WINTERSHEIMER, Justice.

This appeal is from an order denying a request to take the testimony of a 5-year-old sexual abuse victim pursuant to KRS 421.350(3), (4), (5), and holding those sections unconstitutional because they deny the defendant the right to confrontation and violate the separation of powers doctrine.

Willis was indicted on two counts of first-degree sexual abuse. Before trial, he moved to exclude the testimony of the child victim, claiming that...

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