Legal Opinion

Miller v. Commonwealth

Kentucky Supreme Court

Decided February 21, 2013No. 2011-SC-000340-MRPublishedCited by 6 opinions

1Opinion of the Court

Opinion of the Court by

Justice NOBLE.

Appellant was convicted of numerous counts of incest, rape and sodomy for his sexual relationship with his two minor stepdaughters, M.P. and C.P. Appellant raises three issues on appeal: (1) prosecu-torial misconduct, (2) an ex post facto violation, and (3) the incorrect imposition of court costs and a partial public-defender fee. The Court holds that ex post facto principles which impact due process require resentencing for his incest convictions as to victim M.P., and that the trial court erred in levying costs and fees on Appellant. The Court affirms…

2Cases cited24 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Neder v. United StatesSupreme Court of the United States · 1999
  4. Berger v. United StatesSupreme Court of the United States · 1935
  5. Weaver v. GrahamSupreme Court of the United States · 1981

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3Cited by6 opinions

  1. Young v. CommonwealthKentucky Supreme Court · 2014
  2. Jones v. CommonwealthCourt of Appeals of Kentucky · 2017
  3. Chase Stone v. Commonwealth of KentuckyCourt of Appeals of Kentucky · 2023
  4. Darion Dietrich v. Commonwealth of KentuckyCourt of Appeals of Kentucky · 2023
  5. James Lang v. Commonwealth of KentuckyKentucky Supreme Court · 2022

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

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