Legal Opinion
Commonwealth v. Perry
Court of Appeals of Kentucky
Decided July 15, 2016No. 2014-CA-001282-MR, NO. 2014-CA-001283-MRPublishedCited by 1 opinion
1Opinion of the Court
OPINION
THOMPSON, JUDGE:
The Commonwealth of Kentucky appeals from two orders of the Kenton Circuit Court, one dismissing two counts of indictment 09-CR-00678 and the other dismissing indictment 13-CR-00978 on the basis of prosecutorial vindictiveness. The issue presented is whether the doctrine of prosecutorial vindictiveness precludes the Commonwealth from pursuing additional charges against Bobby Perry after he successfully appealed his conviction. We conclude the doctrine is inapplicable to Perry’s case and reverse.
Perry was indicted in October 2009 on two counts of first-degree sodomy and…
2Cases cited23 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Bordenkircher v. HayesSupreme Court of the United States · 1978
- Blackledge v. PerrySupreme Court of the United States · 1974
- United States v. GoodwinSupreme Court of the United States · 1982
- Alabama v. SmithSupreme Court of the United States · 1989
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3Cited by1 opinion
- Ezell R. Miller v. Commonwealth of KentuckyKentucky Supreme Court · 2021