HAMILTON v. COM.

No. 2008-CA-000300-MR.

293 S.W.3d 413 (2009)

David Lamar HAMILTON, IV, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

August 14, 2009.


Attorney(s) appearing for the Case

Susan Jackson Balliet, Assistant Public Advocate, Frankfort, KY, for appellant.

Jack Conway, Attorney General of Kentucky, David B. Abner, Assistant Attorney General, Frankfort, KY, for appellee.

Before MOORE and WINE, Judges; HENRY, Senior Judge.


MOORE, Judge:

David Lamar Hamilton, IV, appeals from a jury verdict and judgment of the McCracken Circuit Court finding him guilty of wanton assault in the first degree and sentencing him to eleven years' imprisonment following the injury of his infant son. Because we conclude that the trial court erred in permitting certain expert testimony and that error was not harmless, we reverse and remand for a new trial.

On Sunday evening, January 8, 2006, Hamilton...

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