Graves v. Commonwealth
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After a jury trial, Appellant was convicted of first degree trafficking in a controlled substance, second or subsequent offense. The circuit court sentenced Appellant to twenty years imprisonment. Appellant appealed, arguing, among other things, that the trial court erred during the guilt phase of his trial by admitting evidence of other acts of drug trafficking. The Supreme Court reversed and remanded for a new trial, holding (1) evidence alleging Appellant had committed other acts of drug trafficking was admitted in violation of Ky. R. Evid. 404(b), and the Court could not determine with fair assurance that the error did not substantially sway the verdict; and (2) Appellant waived his right to appellate review of the penalty phase jury instructions.
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