PERRY v. COM.

No. 2010-SC-000833-MR.

390 S.W.3d 122 (2012)

Bobby PERRY, Appellant v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied February 21, 2013.


Attorney(s) appearing for the Case

Linda Roberts Horsman , Department of Public Advocacy, Frankfort, KY, Counsel for Appellant.

Jack Conway , Attorney General, Julie Scott Jernigan , Assistant Attorney General, Office of the Attorney General, Criminal Appellate Division, Frankfort, KY, Counsel for Appellee.


Opinion of the Court by Justice NOBLE.

Appellant, Bobby Perry, was tried on two counts of first-degree sodomy, and was convicted of one count. The jury recommended a sentence of 45 years, which the trial court imposed. This Court reverses and remands for a new trial and proceedings in accordance with this opinion.

I. Background

Among the most gut-wrenching cases this Court is required to review are child sexual assault cases. It is difficult to conceive...

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