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620 S.W.2d 320

Carter v. Commonwealth

Kentucky Supreme Court

Decided September 1, 1981

Kentucky Supreme Court · decided 1981-09-01

Cited by 2 later decisions — most recently December 1985

2 state decisions

Applies KY 532 § 532.080

Relies on Carter v. Kentucky

Good law ✅— No negative treatment on recordhow we know

Decided 1981-09-01

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¶1OPINION AND ORDER

¶2In 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).

¶3Accordingly, 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.

¶4All concur.

¶5Entered September 1, 1981.

/s/ John S. Palmore Chief Justice
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