Maupin v. Commonwealth
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Section 115 of the Kentucky Constitution bars the Commonwealth from appealing a judgment of acquittal in a criminal case.
Here, the Commonwealth appealed Defendant’s judgment of acquittal on the charge of failing to register a change of address with the Sex Offender Registry. The Commonwealth argued that its appeal was not barred by section 115 because Defendant’s judgment of acquittal was based not on the jury’s verdict but on the trial court’s issuance of a judgment of acquittal. The court of appeals allowed the appeal to proceed and reversed the trial court’s judgment of acquittal. The Supreme Court reversed, holding that section 115 prevents the Commonwealth from appealing a judgment of acquittal. The Court overruled any precedent stating that section 115 derives itself from section 13 of the Kentucky Constitution and that the Commonwealth may appeal a judgment non-obstante verdicto (n.o.v.).
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