# Clark v. Commonwealth

> Court of Appeals of Kentucky · September 3, 1993 · 868 S.W.2d 101

URL: https://www.frixlaw.com/law-library/cases/9674273

## Case

- **Full name:** Phillip A. CLARK Appellant, v. COMMONWEALTH of Kentucky, Appellee; And Clifford G. NUTTER, Appellant, v. COMMONWEALTH of Kentucky, Appellee
- **Court:** Court of Appeals of Kentucky
- **Decided:** September 3, 1993
- **Citations:** 868 S.W.2d 101; 1993 Ky. App. LEXIS 119; 1993 WL 331792
- **Precedential status:** Published
- **Opinion:** Concurrence by Emberton
- **Judges:** Emberton, Schroder, Stumbo
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Henry v. Commonwealth, 2008 Ky. LEXIS 320 (2008).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9674273

## How later opinions describe it (automated extraction)

- declining to reach a standing issue where the record was not complete as to that issue

## Opinion text

EMBERTON, Judge,
concurring.
Albeit reluctantly, I concur with the result of the majority. I have no doubt that the *109 Kentucky State Police has established policy relating to inventory search; however, under Florida v. Wells, 495 U.S. 1, 3-4 , 110 S.Ct. 1632, 1634-35 , 109 L.Ed.2d 1, 6 (1990), the failure of the Commonwealth to put such fact into evidence is fatal to the inventory search.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9674273. Public record. Not legal advice.