Legal Opinion

Rooker v. Commonwealth

Court of Appeals of Kentucky (pre-1976)

Decided March 22, 1974PublishedCited by 8 opinions

1Opinion of the Court

VANCE, Commissioner.

The appellant, Marvin P. Rooker, Jr., was convicted on June 21, 1973, in the Pulaski Circuit Court of the crime of trafficking in controlled substances and was sentenced to one year in the state penitentiary. From that judgment he appeals.

On the afternoon of January 20, 1973, the Commonwealth’s Attorney prepared an affidavit to be sworn to by the Pulaski County Sheriff, Gilmore Phelps. Sheriff Phelps took this document to the home of the Pulaski County Judge, John W. Garner. Judge Garner signed the jurat which indicated that the affidavit was subscribed and sworn to before…

2Cases cited5 opinions

  1. Aguilar v. TexasSupreme Court of the United States · 1964
  2. Spinelli v. United StatesSupreme Court of the United States · 1969
  3. United States v. VentrescaSupreme Court of the United States · 1965
  4. Johnson v. United StatesSupreme Court of the United States · 1948
  5. United States v. LefkowitzSupreme Court of the United States · 1932

3Cited by8 opinions

  1. Crayton v. CommonwealthKentucky Supreme Court · 1992
  2. LaFollette v. CommonwealthKentucky Supreme Court · 1996
  3. State v. GamageSupreme Judicial Court of Maine · 1975
  4. Commonwealth v. BrandenburgKentucky Supreme Court · 2003
  5. Dixon v. CommonwealthCourt of Appeals of Kentucky · 1994

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