# Dickerson v. Commonwealth

> Kentucky Supreme Court · October 20, 2005 · 174 S.W.3d 451

URL: https://www.frixlaw.com/law-library/cases/9676120

## Case

- **Full name:** Robert A. DICKERSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee
- **Court:** Kentucky Supreme Court
- **Decided:** October 20, 2005
- **Citations:** 174 S.W.3d 451; 2005 WL 2674943
- **Precedential status:** Published
- **Opinion:** Concurrence by Roach
- **Judges:** Cooper, Lambert, Graves, Johnstone, Roach, Scott, Wintersheimer
- **Cited by:** 61 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/9676120

## Opinion text

Concurring opinion by
Justice ROACH.
As to Appellant’s May 2002 trial, I join Parts III.A., III.B., III.D., III.E. and III.F. of the majority opinion. However, because there is no likelihood that the jury issues, as discussed in Part III.C., will be present at retrial, I do not believe that we should address them. See lce v. Commonwealth, 667 S.W.2d 671, 680 (Ky.1984) (“Since we have reversed this case for the reasons previously given, we will not discuss the other points raised by appellant inasmuch as they are unlikely to recur on retrial of this case.”); Terry v. Common *474 wealth, 153 S.W.3d 794, 797 (Ky.2005) (“We mil also address other issues that are likely to recur upon retrial.”).
As to the March 2003 trial, I join Parts IV.B., IV.C. and IV.D. of the majority opinion. I concur in result only as to Part IV.A.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9676120. Public record. Not legal advice.