Matheney v. Commonwealth

Dissenting opinion by

Justice COOPER.

In a startling display of judicial activism, a majority of this Court, without benefit of briefing or oral argument and without either party suggesting that it do so, today overrules Kotila v. Commonwealth, 114 S.W.3d 226 (Ky.2003), the established precedent interpreting the 1998 version of KRS 218A.1432(l)(b), and thereby rewrites that criminal statute to substitute its own notion of public policy for that established by the General Assembly. In the thirty months since it was decided, we have followed Kotila ⅛ construction of former KRS 218A.1432(l)(b) or…