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Appeals Court Reverses Shaken-Baby Ruling

GREENUP, Ky. (AP) - The Kentucky Court of Appeals has reversed a ruling in cases involving two men accused of injuring their infant children by violently shaking them.

In the ruling handed down Friday, the appeals court ruled that now-retired Greenup circuit court judge Lewis D. Nicholls erred when he barred prosecutors from introducing expert testimony on shaken-baby syndrome.

Prosecutors were unable to bring the defendants, Raymond Martin and Christopher A. Davis, to trial as a result of the judge's ruling. The case highlighted the debate over shaken-baby syndrome.

The three-panel appeals court said Nicholls abused his discretion in keeping out the testimony and ordered the cases reversed and remanded.

Greenup Commonwealth's Attorney Clifford Duvall said his office worked very hard on these cases and feels vindicated by this decision. Defense attorneys for Martin and Davis can appeal the ruling to the Kentucky Supreme Court.
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Information from: The Independent,
http://www.dailyindependent.com


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