Lay v. Commonwealth

I concur with the majority opinion. However, I would urge the Kentucky Supreme Court to review its holding in Baker v. Commonwealth1 that the “failure to object on grounds of double jeopardy does not constitute a waiver of the right to raise the issue for the first time on appeal.”2 As the majority opinion notes, the Baker; Gunter⅛3 and Sherley4, cases appear to provide an exception to the general longstanding rule that “a valid guilty plea effectively waives all defenses other than that the indictment charged no offense.”5

In the Sherley case, our supreme court relied on the U.S. Supreme…