Legal Opinion · Dissent

Tunstull v. Commonwealth

Kentucky Supreme Court

Decided April 21, 2011No. 2009-SC-000170-MRPublished

1DissentVenters, Justice

For two reasons I respectfully disagree with Majority’s opinion on three of the five second-degree robbery charges: namely, the incident at the Fifth-Third bank on May 1, 2006, the incident at the Central Bank on June 29, 2006, and the incident at the - National City bank on October 23, 2006.14 First, I believe the Majority expands the interpretation of the statutory language “threatens the immediate use of physical force” beyond the intent of the legislature. Second, even under the Majority’s broad interpretation of that phrase, on the three incidents cited above, Appellant was entitled to…

2Cases cited5 opinions

  1. Wilburn v. CommonwealthKentucky Supreme Court · 2010
  2. Swain v. CommonwealthKentucky Supreme Court · 1994
  3. Williams v. CommonwealthKentucky Supreme Court · 1986
  4. Lawless v. CommonwealthKentucky Supreme Court · 2010
  5. Correll v. CommonwealthCourt of Appeals of Kentucky · 1958

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