Matlock v. Commonwealth

OPINION

ACREE, Judge:

Appellant Barrie Matlock seeks reversal of the Christian Circuit Court’s order denying his motion to suppress without an evidentiary hearing. Matlock claims the circuit court erred in refusing to grant him an evidentiary hearing as required by Kentucky Rule of Criminal Procedure (RCr) 9.78. We agree and remand for a hearing on Matlock’s motion to suppress.

Matlock was arrested on April 25, 2008, when an officer discovered illegal drugs in his possession. At trial, the Commonwealth called Chief Mark Goforth of the Pembroke Police Department as its first witness. Goforth…