COM. v. LOOPER

No. 2008-CA-000850-MR.

294 S.W.3d 39 (2009)

COMMONWEALTH of Kentucky, Appellant, v. Timothy Cory LOOPER, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court October 21, 2009.


Attorney(s) appearing for the Case

Jack Conway, Attorney General of Kentucky, Bryan D. Morrow, Assistant Attorney General, Frankfort, KY, for appellant.

Shane A. Young, Elizabethtown, KY, Brian Butler, Louisville, KY, for appellee.

Before COMBS, Chief Judge; ACREE, Judge; BUCKINGHAM, Senior Judge.


OPINION

COMBS, Chief Judge.

The McCracken Circuit Court declared Kentucky Revised Statute (KRS) 150.740 unconstitutional. The Commonwealth of Kentucky has appealed. After our review, we affirm.

In 2006, Kentucky's General Assembly enacted KRS 150.740 in response to a crisis involving Chronic Wasting Disease (CWD). CWD had been found in two states that border Kentucky — West Virginia and Illinois. CWD affects the Cervidae animal family...

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