Commonwealth v. Appleby

WILHOIT, Judge.

This is an interlocutory appeal by the Commonwealth from a pre-trial order of the Jefferson Circuit Court suppressing evidence seized as the result of a search conducted by Kentucky and Indiana police in New Albany, Indiana. We reverse.

The appellees, Appleby and Lofton, stand charged by the Jefferson County Grand Jury with murder, kidnapping (capital offense), first-degree robbery, and the felony of theft by unlawful taking. The murder indictment has been amended to charge a capital offense. Prior to trial, the court held a hearing to dispose of pending motions in this case,…