Legal Opinion

Collier v. Commonwealth

Court of Appeals of Kentucky (pre-1976)

Decided March 5, 1965PublishedCited by 11 opinions

1Opinion of the Court

*859PALMORE, Judge.

Clyde Collier, Jr., appeals from a judgment overruling, without a hearing, his RCr 11.42 motion to vacate the judgment by which he was convicted of armed robbery and sentenced to life imprisonment. Cf. KRS 433.140.

Under the broad principle followed by the U. S. Supreme Court in Fallen v. United States, 378 U.S. 139, 84 S.Ct. 1689, 12 L.Ed.2d 760 (1964), we decline to dismiss the appeal on the ground it was not timely.

The ground stated in the motion is that the conviction was induced by improper reception of evidence obtained by a search conducted in violation of the 4th…

2Cases cited19 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. Fallen v. United StatesSupreme Court of the United States · 1964
  3. Alphonzo Edwards v. United StatesCourt of Appeals for the D.C. Circuit · 1958
  4. Leonard Hall, Jr. v. Warden, Maryland PenitentiaryCourt of Appeals for the Fourth Circuit · 1963
  5. United States v. WalkerCourt of Appeals for the Second Circuit · 1952

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

3Cited by11 opinions

  1. Smith v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1967
  2. Simmons v. StateSupreme Court of South Carolina · 1975
  3. State v. WhiteSupreme Court of North Carolina · 1968
  4. Leon Alcorn v. Steve Smith, Warden, Kentucky State ReformatoryCourt of Appeals for the Sixth Circuit · 1983
  5. Stidham v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1969

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

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