Legal Opinion

Hammond v. Commonwealth

Court of Appeals of Kentucky

Decided April 12, 2019No. 2017-CA-001119-MRPublished

1Opinion of the Court

K. THOMPSON, JUDGE:

*96Dale Thomas Hammond appeals from the judgment and sentence of the Jefferson Circuit Court following a jury trial. He argues the trial court abused its discretion by excluding his expert witness and admitting a prejudicial photograph. We agree the trial court abused its discretion by excluding Hammond's expert's testimony about sexual role playing without conducting a proper Daubert hearing and admitting the photograph of Hammond's genitals.

In September 2015, Hammond was indicted for unlawful use of electronic means to induce a minor to engage in sexual or other prohibited…

2Cases cited20 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Goodyear Tire and Rubber Co. v. ThompsonKentucky Supreme Court · 2000
  3. Stringer v. CommonwealthKentucky Supreme Court · 1997
  4. United States v. FergusonCourt of Appeals for the Second Circuit · 2011
  5. United States v. ValleCourt of Appeals for the Second Circuit · 2015

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