# Wilburn v. Commonwealth

> Kentucky Supreme Court · March 18, 2010 · 312 S.W.3d 321

URL: https://www.frixlaw.com/law-library/cases/9634892

## Case

- **Full name:** Essamond WILBURN, Appellant, v. COMMONWEALTH of Kentucky, Appellee
- **Court:** Kentucky Supreme Court
- **Decided:** March 18, 2010
- **Citations:** 312 S.W.3d 321; 2010 Ky. LEXIS 52; 2010 WL 997164
- **Precedential status:** Published
- **Opinion:** Concurrence by Schroder
- **Judges:** Venters, Abramson, Cunningham, Schroder, Scott, Noble, Minton
- **Cited by:** 79 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9634892

## How later opinions describe it (automated extraction)

- finding the circuit court’s failure to address an issue meant that issue was “not properly preserved for appellate review”
- finding the lower court’s failure to address an issue meant that issue was “not properly preserved for appellate review”
- finding an issue the circuit court had not addressed below was “not properly preserved for appellate review”

## Opinion text

SCHRODER, J.,
concurring in result • only.
I don’t agree with overruling Merritt, Kennedy, and Helpenstine. The majority’s new analysis would preclude a conviction for first-degree robbery if the defendant used an exact toy replica of a handgun, which would produce the same reaction in the victim — terror and surrender of the property. I believe such an interpretation *332 would lead to an absurd result not intended by the Legislature.
SCOTT, J., joins.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9634892. Public record. Not legal advice.