Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Coursey v. Commonwealth

Court of Appeals of Kentucky

March 1, 2019

JAMES COURSEY APPELLANT
v.
COMMONWEALTH OF KENTUCKY APPELLEE

          APPEAL FROM BOYD CIRCUIT COURT HONORABLE C. DAVID HAGERMAN, JUDGE ACTION NO. 14-CR-00349

          BRIEF FOR APPELLANT: Roy Alyette Durham II Frankfort, Kentucky

          BRIEF FOR APPELLEE: Andy Beshear Attorney General of Kentucky Perry T. Ryan Assistant Attorney General Frankfort, Kentucky

          BEFORE: CLAYTON, CHIEF JUDGE; COMBS AND K. THOMPSON, JUDGES.

          OPINION

          CLAYTON, CHIEF JUDGE

         James Coursey appeals from the Boyd Circuit Court's denial of his motion to suppress testimony by his ex-wife pursuant to Kentucky Rules of Evidence (KRE) 504. Upon careful review, we affirm.

         BACKGROUND

         On September 2, 2014, James's wife, Allison Coursey, found a folder on the family computer containing files titled "5 year old," "6 year old," and "10 year old." The Kentucky Incident Based Reporting System (KYIBRS) report in the record on appeal states the following:

Allison opened the files and discovered they were videos of adults performing sexual acts on children. Some videos were off (sic) small girls undressing, one was aa African American girl performing oral sex on an adult male, another was two young girls playing in a pool wearing bikinis. There was a video of a male using his fingers on a small girl's vagina. There were multiple videos of adults having sex with small boys and girls. Allison then called the police.
When officers arrived on scene James had just gotten home. Officers and James went back to the computer to view the files, Allison asked James to open the recycle bin. James instead of opening the recycle bin, (sic) he emptied the recycle bin. James was then arrested for tampering with physical evidence.
Officers asked James what files he just deleted and James stated, "it's just porn." James was then advised he was under arrest for tampering with physical evidence and was taken outside and placed in a cruiser. Offices (sic) then called for supervisors and a detective to come on scene. A consent to search was obtained from Allison and the residence was searched. Detective Gavin Patrick assisted in seizing multiple computer/electronic devices from the residence as they are believed to contain or may contain child pornography.

         Police obtained consent from Allison to search the residence and seized multiple computers and electronic devices. Officers subsequently secured a warrant to search the electronic devices seized from the residence, as well as to search James's chiropractic office. Additional computers and electronic devices were seized from James's office. According to the KYIBRS report, upon forensic examination of the home and work computers:

[a] large quantity of suspected child pornography was located on several of the items seized. Due to the overwhelming amount of child exploitation related files on the images, attempts at locating more files ceased after 323 images and videos of child pornography were identified. Of those files 92 were identified as known child pornography files ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.