IMPORTANT NOTICE

NOT TO BE PUBLISHED OPINION

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THE ACTION. 
RENDERED: JUNE 15, 2023

NOT TO BE PUBLISHED

Supreme Court of Kentucky

2022-SC-0014-MR

DELVIN BULLOCK APPELLANT 

V. 

ON APPEAL FROM JEFFERSON CIRCUIT COURT

HONORABLE A. C. MCKAY CHAUVIN, JUDGE

NO. 20-CR-000855

COMMONWEALTH OF KENTUCKY APPELLEE 

MEMORANDUM OPINION OF THE COURT

AFFIRMING

Delvin Bullock was convicted by a jury of first-degree assault upon his 

wife and, upon the jury’s recommendation, sentenced by the trial court to 

twenty years in prison. Bullock now appeals his conviction as a matter of right

asserting the trial court abused its discretion by allowing testimony regarding 

uncharged domestic abuse, erred in determining that the probative value of

photographs of his wife’s injuries was not outweighed by their prejudicial effect, 

and these cumulative errors require reversal. Finding no error, we affirm his 

conviction and sentence. 
2

I. FACTUAL AND PROCEDURAL HISTORY

Bullock and his wife married in May of 2019. His wife1 would testify that 

during the marriage she was the target of frequent physical abuse inflicted by 

Bullock and that they were both suffering the effects of addiction. There were 

no police reports regarding domestic violence and Bullock’s wife never sought a 

protective order testifying, “What’s the point of calling the cops?” 

The parties were separated by March 21, 2020, when Bullock sent two 

text messages to his wife which contained the following:

When my $ come. I’m leaving the city. I’ll take my chances 

elsewhere. I’m not gonna beat you’re a**, tho you got it coming. 

Had I caught you last night, nobody, not even God himself could’ve 

saved you.

. . . . 

I’m not going to put hands on you L[.] If I do, I’ll surley kill you. 

You deserve it. 

. . . .

B  when you leave take everything with you, I’m not in the mood 

for you! You better sneak out cause if I catch yor smartass outside, 

I promise to make an example out of you! Talk crazy if you want 

to. After the shit you pulled last night, I f** **** dare you. Just 1 

little anything!!!!! Please call my bluff!!!!

Bullock’s wife testified that when she received these texts she was

actively trying to avoid him and was living with friends. 

A Louisville Metro Police Department (LMPD) detective testified that 

Bullock called the department twice on March 31, 2020, about his “missing” 

wife and again called two more times early the next morning. Bullock called at 

1 We do not provide her name because this case involves domestic violence. 
3

least two more times on April 2, 2020, and filed a missing person report giving 

multiple potential locations for his wife. The officer who took Bullock’s report 

testified that Bullock did not seem worried about his wife but seemed to be 

trying to get her or her drug dealer in legal trouble. 

On April 3, 2020, Bullock’s wife texted Bullock to let him know that she 

was fine and the two discussed meeting. The two met that evening in the 

parking lot of the Louisville Urban League. Bullock was driving a white Lincoln 

and the couple “drove around for a bit” in the Bullock’s car. Bullock was 

drinking vodka in the car and an argument ensued. Bullock’s wife got out of 

the vehicle back at the Urban League lot. Surveillance footage showed his wife 

being hit by Bullock’s vehicle and being pulled under the vehicle as it drove off. 

Bullock’s wife was found in the road approximately two blocks away and 

taken by ambulance to University of Louisville Hospital. Bullock himself had 

left the scene. When confronted with a photo of his wife being hit by a car that 

appeared to be his, Bullock said that he didn’t remember hitting her, “but if 

you tell me that that’s her blood under the car, then it looks like I hit her, I 

don’t dispute that.” 

Bullock was charged with attempted murder, assault in the first degree, 

and failure to stop and render aid. The trial court ultimately granted Bullock’s 

motion to dismiss the failure to stop and render aid charge at the close of the 

Commonwealth’s case. The jury acquitted Bullock of attempted murder but 

found him guilty of first-degree assault under Kentucky Revised Statutes (KRS)

508.010 for either intentionally or wantonly striking his wife and causing 
4

serious physical injuries. The jury recommended the maximum sentence of

twenty years’ in prison which was imposed by the trial court. 

II. ANALYSIS

Bullock argues improper evidence was admitted at trial. We review the 

trial court’s evidentiary decisions under an abuse of discretion standard and 

will only reverse the trial court if its decision was “arbitrary, unreasonable, 

unfair, or unsupported by sound legal principles.” Commonwealth v. English, 

993 S.W.2d 941, 945 (Ky. 1999).

A. The Trial Court did not Abuse its Discretion When it Allowed 

Testimony Regarding Prior Uncharged Domestic Violence

Incidents.

Prior to trial, the Commonwealth gave notice, pursuant to Kentucky Rule 

of Evidence (KRE) 404(b), that it intended to introduce testimony of acts of 

domestic violence that Bullock had allegedly committed against his wife. 

Bullock’s counsel moved to exclude any reference to uncharged allegations of 

domestic violence. The trial court denied the motion determining that “unfair 

prejudice is . . . somewhat limited and would be even more so with an 

appropriate admonition.” The trial court also noted “the fact that it’s not a 

conviction is of no consequence, particularly in a domestic violence situation 

because so many of those go unreported.” 

During her trial testimony, Bullock’s wife stated that Bullock began 

physically abusing her following their marriage and that he would choke her to 

the point of her losing consciousness. During one such assault, she not only 

lost consciousness but also lost control of her bladder and bowels. Once he hit 
5

her in the face with a pint bottle causing her to bleed. She also stated that 

“when you get two addicts together you know it’s never good.” 

Bullock’s counsel was able to impeach his wife on cross examination 

with the fact that her testimony was uncorroborated and there were no police 

reports or court actions regarding abuse in the marriage. Counsel was also able 

to focus on her own admitted addiction and drug usage. 

The trial court gave a lengthy admonition to the jury regarding the 

testimony. 

Bullock argues that the trial court erred in allowing the admission of 

prior alleged acts of domestic violence and this prejudiced him when his wife’s 

testimony was used at trial to establish his poor character. 

On appeal, a trial court’s ruling admitting other-act evidence is reviewed 

for abuse of discretion. Conley v. Commonwealth, 599 S.W.3d 756, 772 (Ky. 

2019) (citations omitted). When we conduct our own analysis, we must still be 

mindful of, and give deference to, the discretion of the trial court in matters of 

KRE 404(b) admissibility. Clark v. Commonwealth, 223 S.W.3d 90, 96 (Ky. 

2007).

KRE 404(b), which concerns character evidence regarding “other crimes, 

wrongs, or acts[,]” provides as follows:

Evidence of other crimes, wrongs, or acts is not admissible to prove 

the character of a person in order to show action in conformity 

therewith. It may, however, be admissible:

(1) If offered for some other purpose, such as proof of motive, 

opportunity, intent, preparation, plan, knowledge, identity, or 

absence of mistake or accident[.]
6

Notably, “the list provided in KRE 404(b)(1) is illustrative rather than 

exhaustive.” Kelly v. Commonwealth, 655 S.W.3d 154, 165 (Ky. 2022). The 

provisions of KRE 404(b) offer no easy formula for resolution of issues that are 

inherently difficult and that require a very careful balancing of competing 

interests. “In order to determine if other bad acts evidence is admissible, the 

trial court should use a three-prong test: (1) Is the evidence relevant? (2) Does 

it have probative value? (3) Is its probative value substantially outweighed by 

its prejudicial effect?” Leach v. Commonwealth, 571 S.W.3d 550, 554 (Ky. 

2019).

 “[A]fter determining relevancy and probativeness, the trial court must 

weigh the prejudicial nature of the ‘other bad acts’ evidence versus its 

probative value. Only if the potential for undue prejudice substantially 

outweighs the probative value of the evidence must it be excluded.” Id. “The 

prejudice must go beyond that which is merely detrimental to a party’s case 

and be of such character that it ‘produces an emotional response that inflames 

the passions of the triers of fact or is used for an improper purpose.’” Kelly, 

655 S.W.3d at 165 (quoting Robert G. Lawson, The Kentucky Evidence Law

Handbook, § 2.25[3][d], at 135 (4th ed. 2003)). Such evidence “is, of course, 

prejudicial to [the defendant] as all evidence of culpability is in a criminal 

proceeding” but is still properly admissible so long as it is not “unduly 

prejudicial because it is not unnecessary or unreasonable.” Luna v.

Commonwealth, 460 S.W.3d 851, 873 (Ky. 2015).
7

In this case Bullock’s intent was the central, if not only, issue because 

the Commonwealth was endeavoring to prove that he had either intentionally 

or wantonly (“proof of motive” or “intent”) caused serious injury to, or 

attempted to kill, his wife while Bullock wanted the jury to believe that his 

wife’s injuries were the result of a mistake or accident (“absence of mistake or 

accident”).

While Bullock’s prior assaults on his wife were not performed in the 

same manner as the charged offense, the past assaults and charged crime were 

still “similar acts” in the sense of being probative of (a) whether Bullock

intentionally caused serious physical harm to his wife; and (b) negating his 

claim of an unintentional accident. When a defendant’s mental state is 

disputed as it was here, prior bad act evidence is admissible to prove whether 

the defendant had the needed mental state to commit the crime. Walker v.

Commonwealth, 52 S.W.3d 533, 536 (Ky. 2001). Therefore, any evidence which 

could contribute to resolving the issue of Bullock’s motive, intent, or lack of 

any accident or mistake, were both relevant and probative. Accordingly, our 

discussion will focus on whether the evidence admitted was more prejudicial 

than probative, and if so, whether its admission was harmless. 

As a general rule, the erroneous admission of evidence in violation 

of state law is not a federal constitutional error. And, as the 

Supreme Court of the United States noted in United States v.

Hasting, 461 U.S. 499, 509, 103 S.Ct. 1974, 76 L.Ed.2d 96 (1983):

Since Chapman [v. California, 386 U.S. 18, 87 S.Ct. 824, 17 

L.Ed.2d 705 (1967), the Court has consistently made clear 

that it is the duty of a reviewing court to consider the trial 

record as a whole and to ignore errors that are harmless, 
8

including most constitutional violations . . . . The goal, as 

Chief Justice Traynor of the Supreme Court of California has 

noted, is “to conserve judicial resources by enabling 

appellate courts to cleanse the judicial process of prejudicial 

error without becoming mired in harmless error.”

Meece v. Commonwealth, 348 S.W.3d 627, 664 (Ky. 2011).

Criminal Rule 9.24 states that “no error in either the admission or 

the exclusion of evidence” will warrant reversal unless the “denial 

of such relief would be inconsistent with substantial justice.” The 

harmless error inquiry “is not simply ‘whether there was enough 

[evidence] to support the result, apart from the phase affected by 

the error. It is rather, even so, whether the error itself had 

substantial influence. If so, or if one is left in grave doubt, the 

conviction cannot stand.’” Winstead v. Commonwealth, 283 S.W.3d 

678, 689 (Ky.2009) (quoting Kotteakos v. United States, 328 U.S. 

750, 765, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946)) (alteration in 

original).

Elery v. Commonwealth, 368 S.W.3d 78, 85 (Ky. 2012) (footnote omitted). 

Therefore, if we conclude that evidentiary errors occurred, reversal is not 

warranted if they are harmless.

We do not believe that the prejudicial effect of Bullock’s history of 

domestic violence towards his wife was outweighed by the probativeness of the 

testimony. We have consistently held that evidence of similar acts perpetrated 

against the same victim is “almost always admissible,” under KRE 404(b), 

because it will almost always be significantly probative of a material issue aside 

from the defendant's character. Driver v. Commonwealth, 361 S.W.3d 877, 884

(Ky. 2012) (quoting Harp v. Commonwealth, 266 S.W.3d 813, 822 (Ky. 2008)).
9

Prior threats and harm against the same victim show intent, motive and 

absence of mistake. See, e.g., id. at 844-45.2

In this matter, the evidence of Bullock’s prior assaults on his wife was 

similarly probative. The prejudice to him was significantly less than the 

probative value especially when viewed in the context of the rest of the 

testimony and evidence admitted. Thus, we find no error in the trial court’s 

decision to admit the KRE 404(b) evidence in question and we cannot say that 

the trial court abused its discretion in admitting it.

B. The Admission of Photographs of the Victim’s Injuries Was Not 

Error.

Bullock’s second argument for reversal is that the admission of certain 

graphic photographs of the victim’s injuries were unnecessary, given the 

abundance of oral testimony concerning the severity of her injuries, and were

highly prejudicial. For the proposition that because their probative value was 

outweighed by the danger of undue prejudice, reversal is required, Bullock 

relies on KRE 403 and Hall v. Commonwealth, 468 S.W.3d 814 (Ky. 2015).

During the trial, testimony was provided describing a large avulsion 

(ripping of skin) injury to the victim’s left leg and left elbow, skin tears around 

her body, a significant wound to her right knee, bruising on her face, rib 

fractures, a fractured pelvis, a torn liver, injured kidney, a compound fracture 

 

2 In Driver, the husband was charged with the attempted murder of his wife and we noted 

that in a domestic circumstance that even prior threats against the victim are probative of the 

defendant’s motive and intent to commit the later crime. See also Davis v. Commonwealth, 147 

S.W.3d 709, 722 (Ky. 2004) (former husband murdered his ex-wife’s new boyfriend); Richie v.

Commonwealth, 242 S.W.2d 1000, 1004 (Ky. 1951) (wife’s murder of her husband). 
10

of the femur, blood on her brain and “air escaping from her lungs.” Bullock 

concedes that this testimony supported a finding of a “serious physical injury” 

under the definition found in KRS 500.080(15) which, he argues, makes the 

submission of graphic photographs of those injuries unnecessary and unduly 

prejudicial. 

The photographs at issue were taken by a Sexual Assault Nurse 

Examiner while the victim was still hospitalized. When the Commonwealth 

began to introduce some of those photographs during the nurse’s testimony, 

Bullock’s counsel objected stating they were both “graphic” and “unnecessary.”

In response the Commonwealth states that it had selected only ten out of 

the 100 available photos taken by the nurse and that for the victim’s groin area 

injury it had chosen a photo with gauze obscuring the area making it less 

graphic representation than others. The trial court stated that the photos were 

“horrific, but the injuries are . . . so there’s no requirement for the 

Commonwealth to dress these down,” adding further, “they basically describe 

the injuries.” In conclusion the trial court determined “to the extent that these 

will allow the witness to describe the depth and breadth of these injuries, I

think it’s appropriate. I don’t think it’s excessive.” 

 The ten injury photos showed various areas of the victim’s body and 

displayed abrasions and avulsions, an extensive injury to victim’s upper left 

thigh and buttocks (with gauze obstructing what would have showed exposed 

muscle), and an external fixator on victim’s leg placed to stabilize victim’s 

fractured femur. 
11

We must first note that Bullock merely conceding that his wife suffered 

serious injuries would not, as a general rule, allow him to exclude other 

evidence of those injuries. We have consistently held that the Commonwealth

may “prove its case by competent evidence of its own choosing, and the 

defendant may not stipulate away the parts of the case that he does not want 

the jury to see.” Pollini v. Commonwealth, 172 S.W.3d 418, 424 (Ky. 2005).

However, the Commonwealth’s right to dictate the specific evidence it uses to 

prove its case is not without limit. 

The photographs in this case caused Bullock little if any undue 

prejudice. The photos in question are in fact on the milder side of photographic 

evidence presented in contemporary trials of violent assaults. The particular 

photos chosen as exhibits by the Commonwealth showed little that would be 

considered grotesque when compared to many, if not most, medical procedures

or crime scene photographs or videos. It is unlikely that the mere fact that they 

showed partially unhealed wounds, especially after those wounds had been 

cleaned and treated, would arouse improper passion in the jury. We conclude 

that the photographs were probative yet minimally prejudicial, and we cannot 

say that their potential for prejudice significantly outweighed their probative 

value.

C. Cumulative Error is Not Sufficient to Merit This Court’s Reversal 

of The Trial Court’s Decision.

Finding no error or abuse of discretion in the trial court’s admission of 

prior-acts testimony and photographs of the victim’s injuries, there can be no 

consideration of effect of cumulative errors in Bullock’s trial. 
12

III. CONCLUSION

For the reasons set forth above, Bullock’s conviction and the sentence 

imposed by the Jefferson Circuit Court are affirmed in all respects. 

All sitting. All concur. 

COUNSEL FOR APPELLANT:

Joshua M. Reho

Louisville Metro Public Defender

COUNSEL FOR APPELLEE:

Daniel Cameron, Attorney General of Kentucky

Courtney E. Albini, Assistant Attorney General