Legal Opinion · Dissent

Chumbler v. Commonwealth

Kentucky Supreme Court

Decided August 24, 1995No. 91-SC-916-MR, 91-SC-921-MR and 91-SC-932-MRPublished

1Dissent

“WINTERSHEIMER, Justice,

dissenting.

I must respectfully dissent from the Majority Opinion because the allegations of error in this ease were not so pervasive or prejudicial as to deny the defendants a fundamentally fair trial or due process of law. An exhaustive review of the record in this very lengthy case indicates that reversal is not required. Although there are enumerated errors in the Majority Opinion which form the basis for reversal, the thread of alleged prosecutorial misconduct knits them together. Any consideration on appeal of alleged prosecutorial misconduct must center on the…

2Cases cited30 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Bruton v. United StatesSupreme Court of the United States · 1968
  3. United States v. YoungSupreme Court of the United States · 1985
  4. Michigan v. TuckerSupreme Court of the United States · 1974
  5. Gall v. CommonwealthKentucky Supreme Court · 1980

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