Legal Opinion · Dissent

Sanborn v. Commonwealth

Kentucky Supreme Court

Decided June 9, 1988No. 84-SC-566-MRPublished

1DissentWintersheimer, Justice

I respectfully but strongly dissent from the majority opinion because the defendant received a fundamentally fair trial and the alleged errors complained of by the majority did not prejudice the verdict of the jury.

The majority decision is a tragic triumph of the so-called system over substance. Every defendant is entitled to a fair trial, *551but not a textbook perfect one. See Brown v. United States, 411 U.S. 223, 98 S.Ct. 1565, 36 L.Ed.2d 208 (1973). A careful and exhaustive evaluation of the record indicates that the principles of law, order and justice which govern our society do not…

2Cases cited28 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Davis v. AlaskaSupreme Court of the United States · 1974
  4. United States v. YoungSupreme Court of the United States · 1985
  5. California v. TrombettaSupreme Court of the United States · 1984

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