Legal Opinion

Stincer v. Commonwealth

Kentucky Supreme Court

Decided June 12, 1986PublishedCited by 18 opinions

1Opinion of the Court

STEPHENS, Chief Justice.

Appellant was convicted by a jury in the Christian Circuit Court of sodomy in the first degree. He was sentenced to twenty (20) years imprisonment.

Of primary thrust on this appeal is appellant's contention that he was denied his right to confrontation, under the Sixth Amendment of the United States Constitution and Section Eleven of the Kentucky Constitution, when the trial court excluded him personally from a pre-trial hearing to determine whether the child prosecuting witnesses were competent to testify. We agree with appellant’s argument and reverse on that ground.

Ap…

2Cases cited5 opinions

  1. Trowel v. CommonwealthKentucky Supreme Court · 1977
  2. Powell v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1961
  3. Thomas v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1969
  4. Harris v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1955
  5. Moll v. StateCourt of Appeals of Minnesota · 1984

3Cited by18 opinions

  1. Kentucky v. StincerSupreme Court of the United States · 1987
  2. State v. JarzbekSupreme Court of Connecticut · 1987
  3. Commonwealth v. BergstromMassachusetts Supreme Judicial Court · 1988
  4. Ex Parte DeBruceSupreme Court of Alabama · 1994
  5. Wombles v. CommonwealthKentucky Supreme Court · 1992

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