Brown v. Commonwealth

Although I concur with the majority on the other issues, I must dissent as to the majority’s finding of an “implied acquittal” in Section I. of the majority opinion (including their reversal of Commonwealth v. Eldred, 973 S.W.2d 43 (Ky.1998) and Salinas v. Payne, 169 S.W.3d 536 (Ky.2005)), as well as their comment in Section IV. C. that, although they found the error regarding the tattoo testimony to be harmless, it may not have been harmless as to Appellant’s death sentence.

As to the error regarding the introduction of the tattoo evidence, I fail to see— given the voluminous evidence — how…