Clark v. Commonwealth

Opinion of the Court by

Justice MINTON.

I. INTRODUCTION.

A jury convicted Daniel Clark of two counts of sexual abuse in the first degree for which he was sentenced to a total of ten years’ imprisonment. A divided panel of the Court of Appeals affirmed Clark’s convictions, and we granted discretionary review.

Clark contends that the trial court erred (1) by refusing to instruct the jury on sexual abuse in the second degree, (2) by permitting the Commonwealth to present testimony to the jury of Clark’s prior sexual misconduct involving another victim, and (3) by refusing to permit him to play for…