Cuzick v. Commonwealth

In Cuzick v. Commonwealth, 276 S.W.3d 260, 266 (Ky. 2009), Officer Bradley Sapp was driving his marked police vehicle when he encountered Cuzick, who was driving the wrong way on a Kentucky roadway. Id. at 262. After activating his emergency equipment and turning around to pursue Cuzick, Officer Sapp stopped appellant momentarily. Id. However, while the officer approached Cuzick's vehicle on foot, Cuzick sped away from the traffic stop, again into oncoming traffic. Id. Officer Sapp resumed pursuit and, eventually accompanied by Officer Jason Faddasio and Corporal Michael Fleming, a high speed chase, reaching speeds in excess of 85 miles per hour, ensued. Id. Appellant's vehicle soon thereafter failed, and appellant was apprehended, charged, and convicted of multiple counts, including fleeing and evading police and resisting arrest. Id. At trial, both Officer Sapp and Corporal Fleming testified to the events in question. Cuzick, 276 S.W.3d at 265. During their respective testimonies, a video of that pursuit was played for the jury. In response to questioning, both officers described the images on that video as it related to their perspective of the underlying events. Id. An issue presented on appeal concerned admission of the officers's narrative that accompanied playing of the video recording. Id. at 264-65. In its discussion, the Supreme Court of Kentucky noted that it had previously addressed the issue of whether a police officer's narrative testimony during the playing of a crime scene video was improper lay testimony. Id. at 265. The Court had determined that the relevant test was whether the testimony complied with the Kentucky Rules of Evidence, more specifically, Kentucky Rule of Evidence ("KRE") 701, governing lay opinion testimony and KRE Rule 602, concerning the requirement that testimony be based on personal knowledge. Id.