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DIXON v. COM.

Nos. 91-CA-002998-MR & 91-CA-002999-MR.

890 S.W.2d 629 (1994)

Greer David DIXON Jr. and Pamela Sue Dixon, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied September 23, 1994.

Discretionary Review Denied By Supreme Court February 8, 1995.

Attorney(s) appearing for the Case

Will A. Kautz, Charlotte B. Scott, Bradley, Bryant & Kautz, P.S.C., Paducah, for appellants.

Chris Gorman, Atty. Gen., Joseph R. Johnson, Asst. Atty. Gen., Frankfort, for appellee.

Before HUDDLESTON, JOHNSTONE and SCHRODER, JJ.

HUDDLESTON, Judge.

This case presents one question: Is a district court trial commissioner a neutral and detached magistrate capable of issuing search warrants when that commissioner practices law with the county attorney? For the reasons hereinafter set forth, we hold that the answer is "no."

On May 11, 1991, Sheriff Michael Reilly of Hickman County and Sheriff Will Ben Martin of Carlisle County went to Hickman County Trial Commissioner Sue Ellen Morris for...

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