Legal Opinion · Concurrence

Matthews v. Commonwealth

Kentucky Supreme Court

Decided May 19, 2005No. 2003-SC-00378-MRPublished

1ConcurrenceCooper, Justice

I concur in the result reached by the majority, not because the admission of the records of Cabell Huntington Hospital was an alleged “harmless error,” but because the alleged error in the introduction of those records was not preserved for appellate review. I strongly disagree with the majority’s analysis of KRE 902(8) and its unnecessary decision to overrule Young v. Commonwealth, 968 S.W.2d 670 (Ky.1998), which holds that out-of-state criminal (public) records are self-authenticating under KRE 902(8). Finally, I disagree with the majority’s conclusion that the admission of evidence of…

2Cases cited28 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Fahy v. ConnecticutSupreme Court of the United States · 1963
  3. Parke v. RaleySupreme Court of the United States · 1993
  4. Commonwealth v. EnglishKentucky Supreme Court · 1999
  5. Tamme v. CommonwealthKentucky Supreme Court · 1998

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