Home -> Law Blog Directory -> Kentucky Blogs -> Kentucky Cases
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Kentucky
: Kentucky CasesCRIMINAL: Nondisclosed information by prosecutor deemed immaterial under facts; funding of eyewitness experts: SHEGOG VS. COMMONWEALTH (COA 7/25/2008)
By Michael Stevens
SHEGOG VS. COMMONWEALTH
CRIMINAL: RCr 11:42; expert funding
2007-CA-000680
PUBLISHED: AFFIRMING
PANEL: ROSENBLUM PRESIDING; NICKELL, THOMPSON CONCUR
CAMPBELL COUNTY
DATE RENDERED: 7/25/2008; 9/18/2008
CA affirmed Circuit Court's denial of Defendant's RCr 11.42 motion seeking post-conviction relief. Trial counsel was not ineffective for withdrawing motion for expert witness funding. When Shegog?s trial began on April 2, 2002, the question of whether criminal defendants could obtain and introduce testimony from eyewitness identification experts during trial was unsettled in the Commonwealth. While Shegog is correct that this Court rendered an opinion on this question prior to his trial, our Supreme Court granted discretionary review of our decision and resolved the question in Commonwealth v. Christie, 98 S.W.3d 485 (Ky. 2002), wherein the court held that funding for eyewitness identification witnesses could be granted when appropriate pursuant to Kentucky Rules of Evidence (KRE) 702 and 403. Id. at 492. Therefore, until the Christie decision, there was no published precedent on this issue.
The prosecutor failed to disclose evidence of a prosecuting witness' criminal history to Shegog?s defense counsel. Notwithstanding the Commonwealth?s failure, the nondisclosed information was immaterial to Shegog under the facts of this case.
Note: This Defendant will not win an award for criminal genius of the year - the getaway car carried a vanity license plate bearing the name ?Shegog.?
Digested by Scott C. Byrd
www.olginandbyrd.com
Full post as published by Kentucky Cases on October 05, 2008 (boomark / email).
Missing Children
Databases and organizations
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
Sex Offender Lists
Registries by State and County
Consumer Funding
BlueHippo Funding agrees to set up $5 million restitution fund after modifying its computer sales program.
Criminal Law
If you have been arrested or mistreated by police you should speak to a criminal law attorney.
Job Site Fatalities Increase
Safety Experts Concerned
Commonwealth Land Title Insurance Co.
allegedly failed to give policyholders discounted rates to which they were entitled.
Wal-Mart
Avoids Criminal Charges over Clerk's Death
Drug Pusher
Biovail agrees to pay $24.6 million settlement in criminal lawsuit.

Attorney General Conway Names 2008 Outstanding Commonwealths and County Attorneys
The uselessness of crossing an eyewitness
Crawford, Experts, and Underlying Facts
UTEP Eyewitness ID Research Lab creates one-stop shopping website on police lineup procedures
Legal Experts Slam Texas Judge-Prosecutor Link








