Parrish v. Commonwealth

Opinion of the Court by

Justice CUNNINGHAM.

Because this appeal turns primarily upon procedural matters pertaining to RCr 11.42 and CR 60.02, a detailed account of the facts will not be necessary.

It is sufficient to recount that on or about August 30, 2004, the Franklin County Sheriffs Department conducted a consent search of the home of Appellant, Michael R. Parrish, wherein deputies seized thirty-four (34) marijuana plants and equipment used for the growing of marijuana, including transformers, lights, and fertilizer. A grand jury indicted Parrish on one count of cultivating marijuana (five…