Baraka v. Commonwealth

Concurring opinion by

Justice COOPER.

The only issue reserved for appeal by Appellant’s conditional plea of guilty, RCr 8.09, was the trial court’s denial of Appellant’s motion to suppress the opinion of the Commonwealth’s expert medical witness, Dr. Cristin Rolf, that the manner of the decedent’s death was “homicide by heart attack.” I concur in the majority opinion as far as it goes, but write separately to further explain my view as to why the proposed testimony of Dr. Cristin Rolf would not have invaded the province of the jury.

Appellant allegedly engaged in a vocal and physical altercation…