Burchett v. Commonwealth
Supreme Court of Kentucky
98 S.W.3d 492 (Ky. 2003)
Relevant factsFree
George Burchett (defendant) was charged with reckless homicide after a car accident, and at trial the court admitted, over his objection, evidence that he smoked marijuana daily, both morning and night; he was convicted and appealed, arguing this habit evidence should have been excluded. Unlike most states, Kentucky had no evidentiary rule equivalent to Federal Rule of Evidence 406 governing habit evidence.
IssueFree
Whether habit evidence, such as evidence of a defendant's daily drug use, is admissible at trial under Kentucky's minority evidentiary approach.