non-constitutional evidentiary error in Kentucky

2025“A non-constitutional evidentiary error may be deemed harmless . . . if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.” Winstead v. Commonwealth, 283 S.W.3d 678, 688-89 (Ky. 2009) (citing Kotteakos v. United States, 328 U.S. 750, 765 (1946)).

2024“A non-constitutional evidentiary error may be deemed harmless . . . if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.” Winstead v. Commonwealth, 283 S.W.3d 678, 689 (Ky. 2009).

2025Dillon, 475 S.W.3d at 23 (“A non- constitutional evidentiary error . . . is harmless if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.”) (quoting Harris v. Commonwealth, 384 S.W.3d 117, 125 (Ky. 2012)).

2020“A non-constitutional evidentiary error such as this one is harmless if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.” Harris v. Commonwealth, 384 S.W.3d 117, 125 (Ky. 2012).

2017Even where testimony is introduced in error, " ... this Court may still determine that the error is h8.rmless pursuant to RCr 9.24 and the standards 3 Id. . 4 Martin v. Commonwealth; 207 S.W.3d 1, 4 (Ky. 2006). s McDaniel v. Commonwealth, 415 S.W.3d 643, 655 (ky.2013); Partin v. Commonwealth, 918 S.W. 219 , 222 (Ky. 1996). · · 6 Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999) .. 4 set forthin Winstead v. Commonwealth7."B "A non-constitutional evidentiary error .. .is harmless if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.

2017Even where testimony is introduced in error, " ... this Court may still determine that the error is harmless pursuant to RCr 9.24 and the standards 3 Id. 4 Martin v. Commonwealth; 207 S.W.3d 1, 4 (Ky. 2006). s McDaniel v. Commonwealth, 415 S.W.3d 643, 655 (ky.2013); Partin v. Commonwealth, 918 S.W. 219 , 222 (Ky. 1996). . 6 Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999) .. 4 . . set forth.in Winstead v. Commonwealth7."8 "A non-constitutional evidentiary error ... is harmless if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.

2025“A non-constitutional evidentiary error may be deemed harmless . . . if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.” Winstead v. Commonwealth, 283 S.W.3d 678, 688-89 (Ky. 2009) (citing Kotteakos v. United States, 328 U.S. 750, 765 (1946)).

2024“A non-constitutional evidentiary error may be deemed harmless, the United States Supreme Court has explained, if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.” 12 Winstead v. Commonwealth, 283 S.W.3d 678, 688-89 (Ky. 2009) (citing Kotteakos v. United States, 328 U.S. 750 , 66 S. Ct. 1239 , 90 L.

2020“A non-constitutional evidentiary error may be deemed harmless . . . if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.” Winstead v. Commonwealth, 283 S.W.3d 678, 688-89 (Ky. 2009); see Ward, 568 S.W.3d at 836 .

2020Ward v. Commonwealth, 568 S.W.3d 824, 835-36 (Ky. 2019).

2017Even where testimony is introduced in error, " ... this Court may still determine that the error is h8.rmless pursuant to RCr 9.24 and the standards 3 Id. . 4 Martin v. Commonwealth; 207 S.W.3d 1, 4 (Ky. 2006). s McDaniel v. Commonwealth, 415 S.W.3d 643, 655 (ky.2013); Partin v. Commonwealth, 918 S.W. 219 , 222 (Ky. 1996). · · 6 Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999) .. 4 set forthin Winstead v. Commonwealth7."B "A non-constitutional evidentiary error .. .is harmless if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.

2017Even where testimony is introduced in error, " ... this Court may still determine that the error is harmless pursuant to RCr 9.24 and the standards 3 Id. 4 Martin v. Commonwealth; 207 S.W.3d 1, 4 (Ky. 2006). s McDaniel v. Commonwealth, 415 S.W.3d 643, 655 (ky.2013); Partin v. Commonwealth, 918 S.W. 219 , 222 (Ky. 1996). . 6 Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999) .. 4 . . set forth.in Winstead v. Commonwealth7."8 "A non-constitutional evidentiary error ... is harmless if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.

2017Even where testimony is introduced in error, " ... this Court may still determine that the error is h8.rmless pursuant to RCr 9.24 and the standards 3 Id. . 4 Martin v. Commonwealth; 207 S.W.3d 1, 4 (Ky. 2006). s McDaniel v. Commonwealth, 415 S.W.3d 643, 655 (ky.2013); Partin v. Commonwealth, 918 S.W. 219 , 222 (Ky. 1996). · · 6 Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999) .. 4 set forthin Winstead v. Commonwealth7."B "A non-constitutional evidentiary error .. .is harmless if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.

2017Even where testimony is introduced in error, " ... this Court may still determine that the error is harmless pursuant to RCr 9.24 and the standards 3 Id. 4 Martin v. Commonwealth; 207 S.W.3d 1, 4 (Ky. 2006). s McDaniel v. Commonwealth, 415 S.W.3d 643, 655 (ky.2013); Partin v. Commonwealth, 918 S.W. 219 , 222 (Ky. 1996). . 6 Commonwealth v. English, 993 S.W.2d 941, 945 (Ky. 1999) .. 4 . . set forth.in Winstead v. Commonwealth7."8 "A non-constitutional evidentiary error ... is harmless if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.

2025Dillon, 475 S.W.3d at 23 (“A non- constitutional evidentiary error . . . is harmless if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.”) (quoting Harris v. Commonwealth, 384 S.W.3d 117, 125 (Ky. 2012)).

2024See Jenkins v. Commonwealth, 607 S.W.3d 601 , 612 (Ky. 2020) (citation omitted) (holding that objections made before trial are sufficient to preserve a matter for appellate review if the objection is specific both “as to the matter objected to and as to the grounds of the objection[,]” such that “the question was fairly brought to the attention of the trial court”). 3 “[A]s a general rule prior bad acts of a similar nature committed by the defendant against the victim will usually be admissible . . . .” Driver v. Commonwealth, 361 S.W.3d 877, 884 (Ky. 2012).

2021RCr8 9.24; Colvard, 309 S.W.3d at 249 (“A non-constitutional evidentiary error may be deemed 8 Kentucky Rules of Criminal Procedure 13 harmless if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.”).

2021We likewise find here that Townsend’s convictions must be reversed as we cannot say with assurance that the jury was not substantially swayed by 29 Winstead v. Commonwealth, 283 S.W.3d 678, 689 (Ky. 2009) (“A non- constitutional evidentiary error may be deemed harmless . . . if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.”). 30 197 S.W.3d. 66, 76 (Ky. 2006). 31 Id. at 69-70. 32 Id. at 70. 33 Id. at 70-71. 34 Id. at 72. 35 Id. 13 the introduction of Townsend’s 2014 guilty plea and conviction.

2021We likewise find here that Townsend’s convictions must be reversed as we cannot say with assurance that the jury was not substantially swayed by 29 Winstead v. Commonwealth, 283 S.W.3d 678, 689 (Ky. 2009) (“A non- constitutional evidentiary error may be deemed harmless . . . if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.”). 30 197 S.W.3d. 66, 76 (Ky. 2006). 31 Id. at 69-70. 32 Id. at 70. 33 Id. at 70-71. 34 Id. at 72. 35 Id. 13 the introduction of Townsend’s 2014 guilty plea and conviction.

2018"A non- constitutional evidentiary error is deemed harmless 'if the reviewing court can say with fair assurance that the judgment was not substantially swayed by the error.m Gaither v. Commonwealth, 521 S.W.3d 199, 205 (Ky. 2017) (quoting Winstead v. Commonwealth,-283 S;W.3d 678, 688-89 (Ky. 2009)).

2018Clair v. Commonwealth, 455 S.W.3d 869, 898 (Ky. 2015) (quoting Winstead v. Commonwealth, 283 S.W.3d 678, 688-89 (Ky.2009)).