Friday, May 2, 2014

Oaks day at the Kentucky Court of Appeals

The Court of Appeals rendered two published opinions today.

Hinchey v. Commonwealth, 2012-CA-000561-MR, May 2, 2014

Trial court's denial of a motion to suppress evidence seized during a vehicle search following the defendant's arrest was affirmed.

The defendant's multiple conviction for unlawful possession of a handgun by a convicted felon held to be in violation of Double Jeopardy prohibition and KRS 505.020(1)(c), and reversed in part.

Illegally possessing two guns is not twice as bad as is illegally possessing one gun.

Spalding v. Marion County Board of Education, 2013-CA-000632, May 2, 2014

The grant of defendant's motion for summary judgment on issue of equitable estoppel applied to government agency was error. Equitable estoppel can be applied to government agencies in appropriate circumstances and the evidence on the issue was not without conflict.Reversed in part.

Court of Appeals' Minutes for May2, 2014

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