Robert Taylor v. Commonwealth

995 S.W.2d 355 (1999)

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Robert Taylor v. Commonwealth

Kentucky Supreme Court
995 S.W.2d 355 (1999)

  • Written by Tanya Munson, JD

Facts

In 1996, 17-year-old Robert Taylor (defendant), his girlfriend, Lucy Cotton, and Cotton’s infant son were driving in a 1985 Buick in Knox County. With them, they had a rifle, handgun, and two shotguns. As they were driving, the Buick stalled and Taylor sought assistance from a nearby resident, Herman McCreary. McCreary drove in his 1984 Ford pickup truck to assist the couple. McCreary attempted to jump-start the Buick, but his attempts failed. In response, Taylor decided to steal McCreary’s pickup truck. Taylor took the rifle from the Buick, pointed it at McCreary, ordered him to the ground, then struck him in the head with the stock of the rifle. McCreary lost consciousness. Once McCreary regained consciousness, Taylor told McCreary to get in the ditch beside the road or he would “blow his head off.” McCreary complied, and Taylor, Cotton, and Cotton’s child drove off in McCreary’s truck. McCreary contacted the police, and Taylor and Cotton were later apprehended. Taylor was tried by the Commonwealth of Kentucky (plaintiff) and convicted of assault in the second degree, robbery in the first degree, and possession of a handgun by a minor. Taylor was sentenced to three consecutive prison terms for each crime. Taylor appealed, arguing that his conviction of both robbery and assault violated the Fifth Amendment proscription against double jeopardy.

Rule of Law

Issue

Holding and Reasoning (Cooper, J.)

Dissent (Stumbo, J.)

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