Carter v. Commonwealth

Kentucky Supreme Court
Carter v. Commonwealth, 620 S.W.2d 320 (Ky. 1981)
1981 Ky. LEXIS 265
Aker, Clayton, Lukowsky, Paimore, Palmore, Stephenson, Sternberg

Carter v. Commonwealth

Opinion of the Court

OPINION AND ORDER

In a memorandum opinion delivered May 13, 1980, this court affirmed the judgment of the Christian Circuit Court convicting Lonnie Joe Carter of burglary (KRS 511.-040) and finding him a persistent felony offender (KRS 532.080). An appeal of that decision to the United States Supreme Court culminated in a reversal on the ground that the trial court had erred in declining to instruct the jury to the effect that a defendant’s failure to testify shall be given no evidentiary weight. Carter v. Kentucky,-U.S.-, 101 S.Ct. 1112, 67 L.Ed.2d 241 (1981).

Accordingly, the judgment of the trial court is now reversed and the cause is remanded for a new trial.

PAIMORE, C. J., and AKER, CLAYTON, LUKOWSKY, STEPHENSON and STERNBERG, JJ., sitting.

All concur.

Entered September 1, 1981.

/s/ John S. Palmore Chief Justice

Reference

Full Case Name
Lonnie Joe CARTER v. COMMONWEALTH of Kentucky
Cited By
2 cases
Status
Published