Jennings V. Rees

Section 527.040 of the Kentucky Revised Statutes makes it a crime for a convicted felon to possess a handgun. David E. Jennings, who is serving a term of imprisonment in the Kentucky State Reformatory for violation of that statute, petitioned the United States District Court for release on writ of habeas corpus. It was and is Mr. Jennings' contention that the handgun he was convicted of possessing was seized illegally and should not have been admitted in evidence at his trial. The federal district court held that the seizure was legal and denied the writ of habeas corpus. We agree that the seizure was legal, and we believe that it would have been necessary to deny the writ in any event because of the fact that before convicting Mr. Jennings, Kentucky provided him an opportunity for full and fair consideration of his claim that the handgun should have been excluded from evidence as the fruit of an illegal seizure.