Legal Opinion

Lundy v. Commonwealth

Court of Appeals of Kentucky

Decided January 27, 2017No. 2015-CA-000451-MRPublishedCited by 5 opinions

1Opinion of the Court

OPINION

THOMPSON, JUDGE:

A Nelson Circuit Court jury found Mark Lundy guilty of possession of marijuana and possession of drug paraphernalia and, after the penalty phase, recommended a total sentence of twelve-months’ incarceration and a $5,000 fine. A final judgment of conviction was entered in accordance with the jury’s recommended sentence.

Mark alleges the following errors: (1) there was no consent to the search of a freezer and outbuilding located on his property; (2) the searches of a locked freezer and an outbuilding were beyond the scope of the search warrant and the items seized were…

2Cases cited17 opinions

  1. United States v. RossSupreme Court of the United States · 1982
  2. Horton v. CaliforniaSupreme Court of the United States · 1990
  3. Marron v. United StatesSupreme Court of the United States · 1927
  4. Berger v. New YorkSupreme Court of the United States · 1967
  5. Commonwealth v. BenhamKentucky Supreme Court · 1991

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3Cited by5 opinions

  1. Applegate v. CommonwealthCourt of Appeals of Kentucky · 2018
  2. David Corbin v. Commonwealth of KentuckyKentucky Supreme Court · 2022
  3. Ehmuad Lyjuan Tucker v. Commonwealth of KentuckyCourt of Appeals of Kentucky · 2020
  4. Howard Gross v. Commonwealth of KentuckyCourt of Appeals of Kentucky · 2024
  5. James Dale Boyd v. Commonwealth of KentuckyCourt of Appeals of Kentucky · 2023

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