Fugate v. Commonwealth

WINTERSHEIMER, Justice.

This appeal is from a judgment based on a jury verdict which convicted Fugate of murder and first-degree burglary. He was sentenced to life in prison on the murder charge and ten years on the burglary charge with the sentences to run concurrently.

The principal issue in this case is whether the court should reconsider the method of admitting DNA evidence in trial courts. Specifically, the issue is whether the court should decide that DNA evidence is admissible per se and whether it should abandon the case-by-case approach established in Mitchell v. Commonwealth, Ky., 908…