Legal Opinion · Dissent

Cosby v. Commonwealth

Kentucky Supreme Court

Decided August 26, 2004No. 2002-SC-0806-DGPublished

1Dissent

Dissenting opinion by

Justice KELLER.

I respectfully dissent because I do not believe that the phrase “awaiting trial” contained in KRS 533.060(3) can be so broadly construed to apply to offenses committed after Appellant’s trial and guilty pleas.

Although I agree with the majority that it is this Court’s duty when interpreting statutes to give effect to the General Assembly’s intent, I “know of no rule of interpretation that would require us to utterly ignore the plain ... meaning of words in a statute.”1 To the contrary, “[t]he plain meaning of the statutory language is presumed to be what the…

2Cases cited24 opinions

  1. Beckham v. Bd. of Educ. of Jefferson Cty.Kentucky Supreme Court · 1994
  2. Commonwealth v. HarrelsonKentucky Supreme Court · 2000
  3. Kentucky Ass'n of Chiropractors v. Jefferson County Medical SocietyKentucky Supreme Court · 1977
  4. Cosby v. CommonwealthKentucky Supreme Court · 2004
  5. Rye v. WeaselKentucky Supreme Court · 1996

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