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Burchett v. Commonwealth

Supreme Court of Kentucky
98 S.W.3d 492 (Ky. 2003)


George Burchett (defendant) was charged with reckless homicide as a result of his role in a car accident. At trial, the Green Circuit Court admitted, over Burchett’s objection, evidence that Burchett smoked marijuana in the morning and at night on a daily basis. Burchett was convicted. Burchett appealed, arguing that the evidence of his marijuana use should not have been admitted. Unlike most states, Kentucky did not have a state evidentiary rule that mirrored Federal Rule of Evidence 406.

Rule of Law


Holding and Reasoning (Johnstone, J.)

Concurrence (Keller, J.)

Dissent (Cooper, J.)

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