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COM. v. MARTIN

Nos. 2006-CA-002236-MR, 2006-CA-002237-MR.

290 S.W.3d 59 (2008)

COMMONWEALTH of Kentucky v. Raymond MARTIN, Appellee. and Commonwealth of Kentucky, Appellant, v. Christopher A. Davis, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 19, 2009.

Attorney(s) appearing for the Case

Gregory D. Stumbo, Attorney General of Kentucky, James C. Shackelford, Assistant Attorney General, Frankfort, KY, for Appellant.

Susan Jackson Balliet, Frankfort, KY, for Appellee Martin.

Erin Hoffman Yang, Frankfort, KY, for Appellee Davis.

Before THOMPSON, Judge; BUCKINGHAM and HENRY, Senior Judges.

OPINION

HENRY, Senior Judge.

In these consolidated cases, the Commonwealth appeals from orders of the Greenup Circuit Court entered on October 10, 2006. At issue is whether the circuit court erred in ruling that expert medical testimony about shaken baby syndrome was unreliable and therefore inadmissible under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993)....

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