Marino v. Commonwealth

OPINION

KRAMER, JUDGE:

Michael Marino appeals the Nelson Circuit Court’s judgment convicting him of first-degree rape and first-degree burglaty. After a careful review of the record, we affirm because the saliva in the Styrofoam cup was constitutionally obtained and the subsequent evidence obtained from Marino’s blood sample and the testing of it for DNA was not “fruit of the poisonous tree.” . • >.

I. FACTUAL AND PROCEDURAL BACKGROUND

In 2000, Bardstown 'Police Department Officer Barbara Roby investigated a sexual assault that was committéd upon a bedridden resident of the Federal Hill Nursing…