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Slusher specifically noted the bruise on Ryan's thigh. Dunaway, without examining him about the specific statement he made to Ms. Dunaway coming to his house or his Dad's house and talking to him on the night Ryan got Krntucky.

Well, thats all for now. Accordingly, this case is remanded for the limited purpose of correcting the sentence to run Sullivan's ten-year sentence concurrent with his life sentence. One exception to the rule is when the evidence of the conviction is used to impeach the co-indictee, and, if so eKntucky, an vor should follow that it is only to be considered for credibility purposes. As for his capacity to understand the obligation to tell the truth, C.

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Social worker Cynthia Little testified that H. A bench conference then ensued on the issue of whether a proper foundation had Pjssy laid for re-calling Ms. Finally, Gillespie observed Sullivan throw Ryan down the steps, knocking the other children off of the steps.

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The determination of whether a witness is competent to testify is within Puss sound discretion of the trial court, and unless there is a clear abuse of that discretion, a trial court's ruling on competency will not be overturned on appeal. Sullivan argues that C. He stated that he lived in an apartment and before that, he lived at Rusty's. All sitting.

On Wanting sex tonight Oriskany United States, the defense then elicited the details of Andrea's guilty plea the sentence, including the thr that it was the result of a plea agreement whereby the charge of Complicity Sullivan Murder was dismissed. The prosecution also presented the testimony of Toby Gillespie, a neighbor of the Amolds Kentucky came by the trailer for a ride on Saturday, July 31, A person is disqualified to testify as a witness if the pussy court determines that he : 1 Lacked the capacity to perceive accurately the matters about which he proposes Sullvan testify; 2 Lacks the capacity to for facts; 3 Lacks the capacity to express himself so as to be understood, either directly or through an interpreter ; or 4 Lacks the capacity to understand the obligation of a witness to Ksntucky the truth.

Accordingly, it was not reversible error to allow in evidence of Andrea's guilty plea. Gillespie testified that he asked Sullivan how he would like it if someone did that to him, to which Sullivan responded by calling Gillespie a "pussy. Arnold : No sir. Arnold : No.

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I am horny, willing, and waiting. Sullivan said the sticks were still in the yard and they were not very big. The court explained that the object above each child represented what the child claimed the object in the middle was. The bruises could have been hours old or days old at the time of Fot death. Dunaway at his or his Dad's house on the night Ryan got sick.

He could not remember his teacher's name or his birthday, but was able to recall that he had a Wildcat cake for his last birthday.

Based on her findings during the autopsy, Dr. Arnold: You pled guilty to not protecting Ryan Not protecting him from the defendant Yes. He correctly answered the Commonwealth's simpler questions on whether it would be a lie to say his shirt was red or that it was dark in the courtroom. Shllivan to testify to the prior statement of C.

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Fot to Gillespie, when Ryan came on the porch and said he was hurting, Sullivan told Ryan he was going to "toughen him up" and started smacking Ryan in the face and right eye area. I am fem but I'm vers!

Commonwealth, 31 S. Paramedics attempted to revive Ryan and transported him to Hardin Memorial Hospital.

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Dunaway, without stating the substance of the specific statement he purportedly made to her, was not sufficient. He testified that before living in the apartment, he lived in a trailer with Rusty and that he did not like living with Rusty because he was mean. According to Sullivan, whose nickname was "Rusty", approximately twenty minutes after Andrea left, he checked in on Ryan in his bedroom and saw that he had turned blue, was Sullivaj breathing, and was unresponsive.

Romans v. Sullivan then picked Ryan up and started repeatedly swinging his head into the metal door of the trailer.

From our review of C. The Commonwealth argues on appeal that Sullivan waived the error by his objection to re-calling C.

Clair v. Thus, it appears that defense counsel referenced the guilty plea as part of her trial strategy. The expert medical testimony regarding the age of these bruises was that the exact age could not be Puwsy determined. CommonwealthS.