Morgan v. Commonwealth

Concurring opinion by

Justice ROACH.

I agree with the result reached in the Opinion of the Court, but I write separately because I believe that the discussion of Thomas v. Commonwealth, 864 S.W.2d 252 (Ky.1993), and the historic treatment of this issue deserve further attention. Thomas overruled Turpin v. Commonwealth, 780 S.W.2d 619 (Ky.1989), and Dunbar v. Commonwealth, 809 S.W.2d 852 (Ky.1991), and proclaimed that Turpin and Dunbar were “premised on a misunderstanding of the United States Supreme Court decision in Ross v. Oklahoma, 487 U.S. 81, 108 S.Ct. 2273, 101 L.Ed.2d 80 (1988).” Thomas,…