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Keysor v. Commonwealth

Court of Appeals of Kentucky

July 12, 2013

SHERMAN KEYSOR APPELLANT
v.
COMMONWEALTH OF KENTUCKY APPELLEE

APPEAL FROM GRAVES CIRCUIT COURT HONORABLE TIMOTHY C. STARK, JUDGE ACTION NO. 08-CR-00268

BRIEF FOR APPELLANT: Erin Hoffman Yang Frankfort, Kentucky.

BRIEF FOR APPELLEE: Jack Conway, Attorney General of Kentucky W. Bryan Jones, Frankfort, Kentucky

BEFORE: CLAYTON, MOORE, AND NICKELL, JUDGES.

OPINION

CLAYTON, JUDGE:

This is an appeal from a suppression motion filed with the Graves Circuit Court. Based upon the following, we will affirm the decision of the circuit court.

BACKGROUND INFORMATION

This appeal arises out of two sets of charges against the appellant, Sherman Keysor. The first charge arose on October 14, 2008, in Graves County. On October 29, 2008, Keysor requested and was appointed counsel to represent him on the Graves County charges. Keysor was indicted on these charges on December 18, 2008.

On January 6, 2009, Deputy Harrison, Detective Matt Hillbrecht and social worker Jodey Baumen interviewed Keysor regarding incidents which occurred in Marshall County concerning the same victim involved in the Graves County charges. Without advice of counsel, Keysor talked to the above members of law enforcement and agreed to take a polygraph test. Keysor later took a polygraph test and was questioned further by law enforcement without his counsel present. At trial, Keysor's attorney moved for suppression of the statements made by Keysor arguing that he was represented by counsel at the time of the questioning and that counsel had not been notified of the questioning.

The trial court originally suppressed Keysor's statements based on Linehan v. Commonwealth, 878 S.W.2d 8 (Ky. 1994). The Commonwealth asked that it be reconsidered, however, based upon the holding in Montejo v. Louisiana, 556 U.S. 778, 129 S.Ct. 2079, 173 L.Ed.2d 955 (2009), and the trial court agreed, reversing its prior decision.

Keysor then brought this appeal.

STANDARD OF REVIEW

We review the circuit court's application of law de novo. Peter Garrett Gunsmith, Inc. v. City of Dayton, 98 ...


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