Colvard v. Commonwealth

Although I concur with the majority on the other issues, I must respectfully dissent from the majority’s opinion that this Court’s decision in Edwards v. Commonwealth, 833 S.W.2d 842 (Ky.1992) (overruled on other grounds by B.B. v. Commonwealth, 226 S.W.3d 47 (Ky.2007)) was “based upon an ill-advised and unsound extension of a traditional exception to the hearsay rule.” Op. at 244.

I. Edwards and Renville

Edwards, id. at 844, was premised on United States v. Renville, 779 F.2d 430 (8th Cir.1985), wherein the logic of the rule as applied to young children was explained, to wit:

Statements by a…