Kentucky Supreme Court, 1981

Carter v. Commonwealth

Kentucky Supreme Court · Decided September 1, 1981 · Aker, Clayton, Lukowsky, Paimore, Palmore, Stephenson, Sternberg

620 S.W.2d 320; 1981 Ky. LEXIS 265 (South Western Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Holland v. Commonwealth (Ky. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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

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