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Burchett v. Commonwealth1/23/2003
eighed by its prejudicial effect (because his blood tested negative for alcohol content) but that such was not the case with respect to the evidence of his marijuana habit (because his urine tested positive for marijuana and because of his prior conflicting statements with respect to whether he had or had not smoked marijuana on the day of the accident). I discern no abuse of discretion with respect to either of these KRE 403 rulings. English, sera, note 13, at 945.
Accordingly, I dissent and would affirm the judgment of the Green Circuit Court in all respects.
Graves and Wintersheimer, JJ., join this dissenting opinion.
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