Legal Opinion · Dissent

Castle v. Castle

Court of Appeals of Kentucky

Decided January 25, 2019No. 2018-CA-000019-MEPublished

1Dissent

JONES, JUDGE, DISSENTING:

*921Respectfully, I dissent. The majority premises its opinion largely on its conclusion that there was insufficient evidence to establish that Charles touched O.H.'s breast for sexual gratification. O.H. characterized the touching as Charles having grabbed her breast. Robin testified that Charles told her he "barely brushed by" O.H.'s breast. The trial court heard these opposing characterizations of the type of touching that occurred.

O.H. used the term "grab" to refer to the touching of her breast. She testified: "he grabbed my boob." By definition, "grabbing" is an…

2Cases cited1 opinion

  1. Phillip Edmondson v. Commonwealth of KentuckyKentucky Supreme Court · 2017

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