Commonwealth v. Taylor

OPINION OF THE COURT BY

JUSTICE NOBLE

Under Simmons v. United, States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968), and Shull v. Commonwealth, 475 S.W.2d 469 (Ky.1971), a criminal defendant’s testimony at a suppression hearing may not be used as evidence of guilt at trial without violating his Fifth Amendment privilege against self-incrimination if he objects to its use. In-'this- case, the defendant did not object, and the testimony was used against him. The Court of Appeals nevertheless concluded that a palpable error had occurred and reversed the conviction. Is the requirement of an…