Legal Opinion

Commonwealth v. Cornelius

Court of Appeals of Kentucky

Decided September 26, 1980PublishedCited by 3 opinions

1Opinion of the Court

GUDGEL, Judge.

This is an appeal from a judgment of the Jefferson Circuit Court. We granted discretionary review to determine whether KRS 439.177 is unconstitutional.1 We hold that it is and reverse.

On December 4, 1978, appellee, James 0. Cornelius, pleaded guilty to the misdemean- or offense of possession of dangerous drugs in the Jefferson District Court. He was sentenced to, and commenced service of, a prison term of one year. On January 15, 1979, he filed a motion for shock probation which was overruled. A similar motion was overruled by a different judge on January 16, 1979. On April 11,…

2Cases cited5 opinions

  1. Commonwealth Ex Rel. Hancock v. PaxtonCourt of Appeals of Kentucky (pre-1976) · 1974
  2. Brabandt v. CommonwealthCourt of Appeals of Kentucky · 1914
  3. Huggins v. Caldwell, JudgeCourt of Appeals of Kentucky (pre-1976) · 1928
  4. Commonwealth ex rel. Hancock v. MeltonCourt of Appeals of Kentucky · 1974
  5. Peck v. ConderKentucky Supreme Court · 1976

3Cited by3 opinions

  1. Prater v. CommonwealthKentucky Supreme Court · 2002
  2. Simmons v. CommonwealthCourt of Appeals of Kentucky · 2007
  3. James Mark Dunn v. Commonwealth of KentuckyCourt of Appeals of Kentucky · 2022

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