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COM. v. BANKS

No. 2000-SC-0629-DG.

68 S.W.3d 347 (2001)

COMMONWEALTH OF KENTUCKY, Appellant, v. LEON BANKS, Appellee.

Supreme Court of Kentucky.

October 25, 2001.

Attorney(s) appearing for the Case

A.B. Chandler III, Attorney General, Todd D. Ferguson, Assistant Attorney General, Office of Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellant.

V. Gene Lewter, Fayette County Legal Aid Inc., M. Shea Chaney, Lexington, Counsel for Appellee.

GRAVES, Justice.

At approximately 9:00 p.m. on Monday evening of September 9, 1996, two Lexington-Fayette Urban County Police Officers, James Bloomfield and Melissa Sedlaczek, were in the high crime area of Sixth Street and Elm Tree Lane in Lexington. While on foot patrol, they observed Appellee, Leon Banks, walking towards them through the front yard of an apartment building located at 563 Elm Tree Lane. A "No Trespassing" sign was posted in the yard. Because they...

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