Woodlee v. Commonwealth , 306 S.W.3d 461 ( 2010 )

CUNNINGHAM, Justice,

dissenting.

I respectfully dissent.

The sexual molestation of small children, especially one’s own, is such an aberration of human nature that, in my opinion, it constitutes a signature crime. Appellant was previously convicted of sexually abusing his four-year-old daughter. He stood trial in this case for two counts of sexually abusing his infant daughter. These crimes show striking — even shocking — similarity and are “peculiar or distinct.” The sexual attacks upon his four-year-old and upon his infant daughter were relatively close in time. The infant victim of this crime has neither the ability nor the means to communicate the appalling acts perpetrated upon her. Therefore, the utilization of Appellant’s past sexual wrong doing upon his daughter provides critical and damning evidence on behalf of the hapless baby. I would affirm the conviction.

SCOTT, J., joins this dissent.