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COMMONWEALTH v. McCLAIN

No. 2010-CA-000256-MR.

COMMONWEALTH OF KENTUCKY, APPELLANT, v. GARRY McCLAIN SR., APPELLEE.

Court of Appeals of Kentucky.

March 11, 2011.

Attorney(s) appearing for the Case

Jack Conway , General of Kentucky, Heather M. Fryman , Assistant Attorney General, Frankfort, Kentucky, BRIEF FOR APPELLANT.

Lisa M. Wells , Covington, Kentucky, BRIEF FOR APPELLEE.

BEFORE: ACREE, LAMBERT, AND THOMPSON, JUDGES.

OPINION

LAMBERT, JUDGE.

The Commonwealth of Kentucky is seeking interlocutory relief pursuant to Kentucky Revised Statutes (KRS) 22A.020(4) from an order of the Mason Circuit Court entered January 26, 2010, quashing a search warrant and suppressing evidence seized during the search of Garry McClain Sr.'s residence. The Commonwealth contends that the circuit court improperly found that the search warrant affidavit contained a false statement, and with the...

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