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Justice v. Commonwealth of Kentucky12/17/1998
any grounds. The trial court overruled the objection on the grounds that the statement was admissible as Appellant's own statement. Subsequently, during its proof, the Commonwealth put on a witness who testified that Appellant stated that the collision "wasn't that bad." No objection was made to this testimony. On appeal, Appellant argues that the statement should have been excluded on relevancy grounds. The issue is not properly preserved for appeal. See Ruppee v. Commonwealth, Ky., 821 S.W.2d 484, 486 (1991); RCr 9.22.
Detective Martin testified briefly as to the extent of the injuries suffered by a passenger in the Duster. Defense counsel objected on relevancy grounds, which objection was overruled by the trial court. The evidence was not probative as to any of the elements of the crimes charged against Appellant and should have been excluded. KRE 402. However, the description was brief and did not conflict with Appellant's defense that he was not the driver of the Duster at the time of the collision. The error was harmless. RCr 9.24.
Finally, Appellant points to numerous instances of alleged "prosecutorial misconduct." None of the complained of acts of misconduct were objected to at trial. Absent contemporaneous objections, "prosecutorial misconduct" is not grounds for reversal, Davis v. Commonwealth, Ky., 967 S.W.2d 574, (1998), unless the acts complained of rise to palpable error, which those in this case do not.
For the reasons set forth above, the judgment of the Knox Circuit Court is affirmed.
All concur.
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