Legal Opinion
Waugh v. Commonwealth
Court of Appeals of Kentucky
Decided August 29, 1980PublishedCited by 11 opinions
1Opinion of the Court
HOWERTON, Judge.
Waugh appeals his conviction and two-year sentence for possession of morphine. He presents two allegations of error.
1. The court erred in overruling his motion to dismiss the indictment on the ground that the district court’s determination of no probable cause for his search and arrest was res judicata, and in overruling his objection to the relitigation of the issue of the lawfulness of the arrest.
2. The court erred in overruling his motion to suppress the evidence seized incident to the arrest.
Waugh was arrested in the Fayette Mall at approximately 9:30 p. m. on December 26,…
2Cases cited7 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Aguilar v. TexasSupreme Court of the United States · 1964
- Jones v. United StatesSupreme Court of the United States · 1960
- Sibron v. New YorkSupreme Court of the United States · 1968
- United States v. Aurelio Lopez-Ortiz, John David Kopp and Danny Ray PostonCourt of Appeals for the Fifth Circuit · 1974
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Commonwealth v. CrowderKentucky Supreme Court · 1994
- Commonwealth v. StephensonKentucky Supreme Court · 2002
- Jackson v. CommonwealthKentucky Supreme Court · 2012
- Whisman v. CommonwealthCourt of Appeals of Kentucky · 1984
- Commonwealth v. YelderCourt of Appeals of Kentucky · 2002
6 more not listed; retrieve them via the Exa API.