Legal Opinion

Clark v. Commonwealth

Court of Appeals of Kentucky

Decided September 3, 1993No. 91-CA-001889-MR, 92-CA-000449-MRPublishedCited by 20 opinions

1Opinion of the Court

STUMBO, Judge:

These appeals arise from judgments of conviction of Appellant, Phillip A. Clark (hereinafter “Clark”) in 91-CA-001889-MR, and Appellant, Clifford A. Nutter (hereinafter “Nutter”), in 92-CA-000449-MR. The principal issue concerns the decision of the Mason Circuit Court not to suppress certain evidence. We have reviewed the record and the law, and we must reverse.

As a preliminary note, the question of whether either Clark or Nutter have “standing” to challenge the search has been raised. However, the trial court made no determination of the issue; therefore, we will not consider…

Also in this document: Concurrence.

2Cases cited32 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Illinois v. GatesSupreme Court of the United States · 1983
  3. Katz v. United StatesSupreme Court of the United States · 1967
  4. Carroll v. United StatesSupreme Court of the United States · 1925
  5. Chimel v. CaliforniaSupreme Court of the United States · 1969

27 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Eldred v. CommonwealthKentucky Supreme Court · 1995
  2. Stewart v. CommonwealthCourt of Appeals of Kentucky · 2000
  3. Penman v. CommonwealthKentucky Supreme Court · 2006
  4. Commonwealth v. LucasKentucky Supreme Court · 2006
  5. Parker v. CommonwealthKentucky Supreme Court · 2014

15 more not listed; retrieve them via the Exa API.

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