Commonwealth v. Dunn

OPINION OF THE COURT

We granted the Commonwealth’s motion for discretionary review to consider this application of the “rape shield” provisions of KRE 412. After an April 1993 pretrial hearing held pursuant to KRE 412(c)(2), Montgomery Circuit Judge Mains determined that defendant/respondent Donnie Dunn’s proffered evidence that he twice had sexual intercourse with the prosecuting witness approximately seven years earlier failed to satisfy the KRE 412(c)(3) standard for admissibility at trial. On Dunn’s appeal from the judgment on the jury verdict finding him guilty of first-degree rape, a…