Estes v. Commonwealth

LEIBSON, Justice.

In this case the principal issue is the correct application of KRS 421.210(1), which provides in pertinent part that a husband and wife may not testify “as to confidential communications ... during marriage,” and provides “further, that neither [husband nor wife] may be compelled to testify for or against the other.”

Frank Estes was convicted of first-degree manslaughter in the shooting death of John O’Nan, and sentenced to ten years’ imprisonment. On appeal to the Court of Appeals he presented ten claims of error, nine of which were rejected. However, the Court of Appeals…