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MATLOCK v. COM.

No. 2009-CA-000929-MR.

344 S.W.3d 138 (2011)

Barrie Leslie MATLOCK, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 17, 2011.

Attorney(s) appearing for the Case

Karen Shuff Maurer , Assistant Public Advocate, Frankfort, KY, for appellant.

Jack Conway , Attorney General of Kentucky, Joshua D. Farley , Assistant Attorney General, Frankfort, KY, for appellee.

Before ACREE and STUMBO, Judges; LAMBERT, Senior Judge.

OPINION

ACREE, Judge:

Appellant Barrie Matlock seeks reversal of the Christian Circuit Court's order denying his motion to suppress without an evidentiary hearing. Matlock claims the circuit court erred in refusing to grant him an evidentiary hearing as required by Kentucky Rule of Criminal Procedure (RCr) 9.78. We agree and remand for a hearing on Matlock's motion to suppress.

Matlock was arrested...

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