Legal Opinion

Commonwealth v. Kerr

Court of Appeals of Kentucky

Decided May 28, 2004No. 2003-CA-001330-MRPublishedCited by 9 opinions

1Opinion of the Court

OPINION

EMBERTON, Chief Judge.

The Commonwealth of Kentucky appeals from an order of the Trigg Circuit Court declaring KRS 1 250.489 to be unconstitutionally vague and dismissing the indictment against Kristopher Lee Kerr.

KRS 250.489(1) states:

It shall be unlawful for any person to knowingly possess anhydrous ammonia in any container other than an approved container.

The statute was enacted through House Bill 501. In that same bill, KRS 250.482 was amended to define “approved container” as a “container for anhydrous ammonia which meets or exceeds the requirements of the Federal law or regulation…

2Cases cited6 opinions

  1. Kolender v. LawsonSupreme Court of the United States · 1983
  2. Musselman v. CommonwealthKentucky Supreme Court · 1986
  3. Commonwealth v. KashCourt of Appeals of Kentucky · 1997
  4. Walton v. CarterCourt of Appeals of Kentucky (pre-1976) · 1960
  5. Miller v. Commonwealth Ex Rel. City of HarrodsburgCourt of Appeals of Kentucky (pre-1976) · 1945

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Hayes v. CommonwealthKentucky Supreme Court · 2005
  2. Monumental Life Insurance Co. v. Department of RevenueCourt of Appeals of Kentucky · 2008
  3. Commonwealth v. HintonCourt of Appeals of Kentucky · 2017
  4. G.G. v. CommonwealthCourt of Appeals of Kentucky · 2016
  5. Aaron Campbell v. Commonwealth of KentuckyCourt of Appeals of Kentucky · 2021

4 more not listed; retrieve them via the Exa API.

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