Sunday, July 17, 2011

Featured Case - Brewer - DUI 2nd enhancement

Commonwealth v. Brewer, 09-CA-873-DG (unpublished):  While unpublished, this is still an important case.  In this Commonwealth appeal, the Court of Appeals affirmed the circuit court’s vacating of a district court conditional plea to DUI 2d because under Commonwealth v. Beard, 275 S.W.3d 205 (Ky.App. 2008), a person cannot be convicted of DUI 2nd if he was not convicted of the first DUI before committing the second DUI.

Citing Unpublished Opinions - CR 76.28(4)(c)  Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003 may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.

Contributed by Emily Rhorer