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CRAYTON v. COM.

No. 90-SC-761-MR.

846 S.W.2d 684 (1992)

David Lynn CRAYTON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied March 18, 1993.

Attorney(s) appearing for the Case

Ann T. Eblen, Louisville, for appellant.

Chris Gorman, Atty. Gen., Carol C. Ullerich, Asst. Atty. Gen., Criminal Appellate Div., Frankfort, for appellee.

LAMBERT, Justice.

Cardozo defined the issue here as whether "[t]he criminal is to go free because the constable has blundered."1 Controlling decisions of the Supreme Court of the United States generally answered "yes" until United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), in which the Court held that the United States Constitution did not, per se, require suppression of...

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