COM. v. WHITMORE

No. 2000-SC-0932-DG, 2001-SC-0669-DG.

92 S.W.3d 76 (2002)

COMMONWEALTH of Kentucky Appellant/Cross-Appellee v. Raymond WHITMORE Appellee/Cross-Appellant

Supreme Court of Kentucky.

Rehearing Denied January 23, 2003.


Attorney(s) appearing for the Case

Albert B. Chandler III, Attorney General, Dennis W. Shepherd, Assistant Attorney General, Courtney J. Hightower, Assistant Attorney General, Criminal Appellate Division, Frankfort, Counsel for Appellant/Cross-Appellee.

Daniel T. Goyette, Frank Wm. Heft, Jr., Office of the Jefferson District Public Defender, Louisville, Counsel for Appellee/Cross-Appellant.


OPINION OF THE COURT

This appeal is from a decision of the Court of Appeals which reversed the conviction of Whitmore of one count of first-degree trafficking in a controlled substance. He had received a six-year sentence of imprisonment.

The questions presented are whether the search of Whitmore was constitutional; whether the seizure of the crack cocaine in his pocket was proper under the "plain feel" rule...

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