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COMMONWEALTH v. WHITCOMB, 89 So.3d 1175 (2012)

Court: Court of Appeals of Kentucky Number: inkyco20120525292 Visitors: 19
Filed: May 25, 2012
Latest Update: May 25, 2012
Summary: PER CURIAM. We granted defendant's application for a writ of certiorari in this case on February 3, 2012. After receiving briefing from the parties and reviewing the record of the matter, we conclude the judgment below does not require the exercise of this court's supervisory authority. Accordingly, we recall our order of February 3, 2011 as improvidently granted, and we deny defendant's writ application. VICTORY, Justice, dissents with reasons. WEIMER, Justice, dissents with reasons. GUIDRY
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PER CURIAM.

We granted defendant's application for a writ of certiorari in this case on February 3, 2012. After receiving briefing from the parties and reviewing the record of the matter, we conclude the judgment below does not require the exercise of this court's supervisory authority. Accordingly, we recall our order of February 3, 2011 as improvidently granted, and we deny defendant's writ application.

VICTORY, Justice, dissents with reasons.

WEIMER, Justice, dissents with reasons.

GUIDRY, Justice, dissents and would consider the defendant's writ application.

VICTORY, J., dissenting.

I respectfully dissent from the majority's decision to recall the writ. Having granted the writ, I would resolve this case on the merits.

WEIMER, J., dissenting.

I respectfully dissent from the majority's decision to recall the writ. Having granted the writ, I would resolve this case on the merits.

Source:  Leagle

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