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Commonwealth v. Alexander8/26/1999
expert testimony, KRE 702. If we had wished to adopt a rule of evidence precluding any expert opinion embracing the ultimate issue, it would have been a simple matter to have done so when we approved the Rules of Evidence and submitted them to the legislature in 1991. We note that the rules, as adopted, also left open other issues, e.g., the "habit" rule (proposed KRE 406) and the "eavesdropper" rule (proposed KRE 502); and that still other evidence issues, e.g., bias of a witness, are not specifically addressed in the rules, but are resolved by proper application of other rules, such as KRE 401.
The admissibility of evidence is governed by the Kentucky Rules of Evidence and is procedural in nature. Thus, the Stringer decision resulted in a procedural rather than substantive change in the law. As such, the Court of Appeals erred in determining that Stringer does not have retroactive application.
However, we are also of the opinion that Stringer is not applicable to this case. There was no dispute regarding Sergeant Simms' qualifications as an expert witness. The opinion rendered by Sergeant Simms concerned a subject specifically within the knowledge of a trained accident reconstruction expert and was likely to assist the jury in understanding the circumstances in which Officer Alexander's cruiser collided with Nesbitt's vehicle. Nonetheless, in a criminal case, the ultimate issue is whether the defendant is guilty or not guilty. While Sergeant Simms opined that Officer Alexander had caused the collision, he did not render an opinion as to whether Officer Alexander was guilty or not guilty of reckless homicide. The jury could have concluded that while Officer Alexander was responsible for the collision, he was operating his cruiser in an appropriate manner under the circumstances. In fact, Officer Alexander justified his actions on the grounds that he was responding to an emergency call, and that he did not hear the cancellation of such. Accordingly, since Sergeant Simms' testimony did not go to the ultimate issue of whether Officer Alexander was guilty of reckless homicide, his opinion did not invade the province of the jury and was admissible regardless of the Stringer decision.
For the reasons set forth herein, we reverse the decision of the Court of Appeals and reinstate the judgment and sentence of the Fayette Circuit Court.
All concur. Keller, J., not sitting.
ORDER
The petition for modification is granted. The opinion of this Court rendered on August 26, 1999, is hereby modified by the substitution of the attached pages one and four in lieu of the original pages one and four.
All concur, except Keller, J., not sitting.
ENTERED: December 16, 1999.
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