Legal Opinion

Thomas v. Commonwealth

Kentucky Supreme Court

Decided September 26, 1996No. 95-SC-234-DGPublishedCited by 45 opinions

1Opinion of the Court

KING, Justice.

Today we are called upon to review our decision in Stark v. Commonwealth), Ky., 828 S.W.2d 603 (1992), which holds in part that a robbery indictment is void if it fails to specifically allege that a person was robbed. After thoughtful review and for the reasons detailed below, we overrule that portion of Stark.

On January 27, 1987, Kirt D. Thomas was sentenced to life imprisonment for first-degree robbery. This Court upheld Thomas’s conviction and sentence on direct appeal. Thomas’s subsequent RCr 11.42 motion was denied.

Years later, Thomas filed a pro se motion to vacate the…

2Cases cited16 opinions

  1. Washington v. W. C. Dawson & Co.Supreme Court of the United States · 1924
  2. Hilen v. HaysKentucky Supreme Court · 1984
  3. Brown v. CommonwealthKentucky Supreme Court · 1977
  4. Hanks v. McDanellCourt of Appeals of Kentucky (pre-1976) · 1948
  5. Wylie v. CommonwealthKentucky Supreme Court · 1977

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

3Cited by45 opinions

  1. Commonwealth v. BurgeKentucky Supreme Court · 1997
  2. Johnson v. CommonwealthKentucky Supreme Court · 2003
  3. Soto v. CommonwealthKentucky Supreme Court · 2004
  4. Ernst v. CommonwealthKentucky Supreme Court · 2005
  5. Hodge v. CommonwealthKentucky Supreme Court · 2000

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

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