Richard Carpenter, Stephen Borders, (81-5179), Jerome C. Blair, (81-5516) v. Charles M. Leibson, (81-5179 & 81-5516)

While I agree with the majority that the only issue on appeal is whether the petitioners have adequately preserved the question of the sufficiency of the evidence to permit habeas corpus review, and while I agree with the result as to two of the three petitioners (Carpenter and Borders), I cannot agree with the way the majority reaches that result. The majority opinion would reject the procedural requirements of Kimbrough v. Commonwealth, 550 S.W.2d 525 (Ky.1977) because in the present case “the state had no legitimate interest in requiring a renewal of the motion for a directed verdict.”…