Legal Opinion

Newkirk v. Commonwealth

Kentucky Supreme Court

Decided August 29, 1996No. 95-SC-172-MRPublishedCited by 32 opinions

1Opinion of the Court

LAMBERT, Justice.

In an unbroken line of decisions rendered from time to time throughout the last decade, this Court has repeatedly expressed its distrust of expert testimony which purported to determine criminal conduct based on a per-*691eeived psychological syndrome.1 In general our reasons have been the lack of diagnostic reliability, the lack of general acceptance within the discipline from which such testimony emanates, and the overwhelmingly persuasive nature of such testimony effectively dominating the decision-making process, uniquely the function of the jury. In the instant case we must…

2Cases cited15 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  3. State v. RimmaschUtah Supreme Court · 1989
  4. People v. BeckleyMichigan Supreme Court · 1990
  5. Commonwealth v. DunkleSupreme Court of Pennsylvania · 1992

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3Cited by32 opinions

  1. Stringer v. CommonwealthKentucky Supreme Court · 1997
  2. Ordway v. CommonwealthKentucky Supreme Court · 2013
  3. Miller v. CommonwealthKentucky Supreme Court · 2002
  4. Manning v. CommonwealthKentucky Supreme Court · 2000
  5. Sanderson v. CommonwealthKentucky Supreme Court · 2009

27 more not listed; retrieve them via the Exa API.

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