Commonwealth of Kentucky v. Samuel Terrell

Summary

Justice Keller dissents from the majority, arguing that Kentucky circuit courts possess original jurisdiction over claims arising under Rule 2.14(2) even before formal prosecution begins, and that the rule creates a enforceable right to counsel that courts may protect prophylactically. The dissent also contends that the exclusionary rule is not the sole remedy for violations of that right and cautions against overturning longstanding precedent without a clear record.