Legal Opinion · Dissent

Ford v. Commonwealth

Kentucky Supreme Court

Decided December 22, 1983Published

1DissentLeibson, Justice

Respectfully, I dissent. Ford was substantially prejudiced by the state serologist’s testimony in this case. Speaking as an “expert,” the serologist stated his opinion that skin specimens found at the crime scene matched abrasions on Ford’s hand and likely came from Ford. It was reversible error to permit such testimony regarding an ultimate conclusion only the jury could reach.

In O’Connor & Raque Co. v. Bill, Ky., 474 S.W.2d 344, 347 (1971), we note that “an expert may be of great assistance to the jury in providing information without expressing an opinion on the ultimate factual issue…

2Cases cited3 opinions

  1. Alexander v. SwearerKentucky Supreme Court · 1982
  2. O'Connor & Raque Company v. BillCourt of Appeals of Kentucky (pre-1976) · 1971
  3. Southwood v. HarrisonCourt of Appeals of Kentucky · 1982

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