Legal Opinion

Weaver v. Commonwealth

Kentucky Supreme Court

Decided November 25, 2009No. 2008-SC-000492-MRPublishedCited by 10 opinions

1Opinion of the Court

Opinion of the Court by

Chief Justice MINTON.

A circuit court jury convicted David Weaver of first-degree burglary and of being a first-degree persistent felony offender (PFO 1). The trial court sentenced him in accordance with the jury’s recommendation to twenty years’ imprisonment. Because the trial court did not allow Weaver to present during the guilt phase of the trial expert testimony relevant to his defense that voluntary intoxication rendered him unable to form the specific-intent element of the burglary offense, we reverse and remand for proceedings consistent with this opinion.

I.…

2Cases cited4 opinions

  1. Leonard v. CommonwealthKentucky Supreme Court · 2009
  2. Mills v. CommonwealthKentucky Supreme Court · 2005
  3. Berryman v. CommonwealthKentucky Supreme Court · 2007
  4. Burnham v. StateDistrict Court of Appeal of Florida · 1986

3Cited by10 opinions

  1. McGuire v. CommonwealthKentucky Supreme Court · 2012
  2. Henderson v. CommonwealthKentucky Supreme Court · 2014
  3. Roy Edward Tucker v. Commonwealth of KentuckyKentucky Supreme Court · 2017
  4. Slone v. CommonwealthKentucky Supreme Court · 2012
  5. Terry v. CommonwealthKentucky Supreme Court · 2010

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