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B.B. v. COM.

No. 2005-SC-000814-DG.

226 S.W.3d 47 (2007)

B.B. (A Child Under Eighteen), Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

June 21, 2007.

Attorney(s) appearing for the Case

Timothy G. Arnold, Assistant Public Advocate, Department of Public Advocacy, Frankfort, for Appellant.

Gregory D. Stumbo, Attorney General, David W. Barr, Assistant Attorney General, Office of Attorney General, Office of Criminal Appeals, Frankfort, for Appellee.

Opinion of the Court by Justice SCHRODER.

This juvenile matter is before this Court on discretionary review. The Appellant, B.B., was adjudicated guilty by the Adair District Court of one count of first-degree sodomy based on the testimony and hearsay statements of a very young child. The child witness lacked testimonial competence, and the hearsay statements attributed to the child were unreliable, and therefore, inadmissible...

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