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SMITH v. COM.

No. 2008-CA-000770-MR.

323 S.W.3d 748 (2009)

Byron Dewayne SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 10, 2010.

Attorney(s) appearing for the Case

S. Chad Butcher , Lexington, KY, for appellant.

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

Before CAPERTON and STUMBO, Judges; BUCKINGHAM, Senior Judge.

OPINION

CAPERTON, Judge.

Byron Dewayne Smith entered a conditional plea of guilty on April 21, 2008,2 reserving the right to appeal from the Fayette Circuit Court's adverse determination on his suppression motion entered January 7, 2008. At the heart of Smith's appeal is whether the Kentucky Constitution affords greater protection for its citizens than its federal counterpart when the police perform a search of one's trash...

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