Legal Opinion

Phelps v. Commonwealth

Kentucky Supreme Court

Decided January 22, 2004No. 2001-SC-0554-DGPublishedCited by 6 opinions

1Opinion of the Court

Opinion of the Court by

Justice STUMBO.

We accepted discretionary review of this case in order to resolve whether juvenile court “adjudications” could properly be deemed “convictions” for the purpose of enhancing such criminal charges as unauthorized use of a motor vehicle (KRS 514.100), carrying a concealed deadly weapon (KRS 527.020), and possession of a firearm by a convicted felon (KRS 527.040). Because the plain language of KRS 635.040 of the Kentucky Unified Juvenile Code (hereinafter referred to as “Juvenile Code”) clearly states that such adjudications are not to be deemed convictions,…

2Cases cited4 opinions

  1. Bob Hook Chevrolet Isuzu, Inc. v. Commonwealth, Transportation CabinetKentucky Supreme Court · 1998
  2. Coleman v. StaplesCourt of Appeals of Kentucky · 1969
  3. A.E. v. CommonwealthCourt of Appeals of Kentucky · 1993
  4. J.D.K. v. CommonwealthCourt of Appeals of Kentucky · 2001

3Cited by6 opinions

  1. Cummings v. CommonwealthKentucky Supreme Court · 2007
  2. Commonwealth v. B.H.Missouri Court of Appeals · 2018
  3. R.S. v. CommonwealthKentucky Supreme Court · 2014
  4. Commonwealth v. SearsKentucky Supreme Court · 2006
  5. Commonwealth of Kentucky v. B.H.Kentucky Supreme Court · 2018

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