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.
Information from: The Independent,

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  • by Cassie Location: Vest on Jul 11, 2008 at 08:57 PM
    What was going on here. Where was the mother in this situation. A baby can't defend itself it is up to the people who love it to defend it. What is with the world these days, these men should be put behind bars for the rest of their life.
  • by ANONYMOUS on Jul 11, 2008 at 12:02 PM
    OMG! What is with you people. Why give them another chance to do anything. A baby can't defend itself, but i can let them come down to me and try to shake me, then they will get what i think would be a good punishment.


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