Basham v. Commonwealth

STEPHENS, Chief Justice,

dissenting.

I respectfully dissent. The Kentucky legislature has clearly expressed its intention in Chapter 526 of the Kentucky Penal Code to disallow what the Court has opened the door for in this opinion. To attempt to reconcile KRS Chapter 526 with the Court’s majority opinion here requires the ability to “doublethink.” “Doublethink” as George Orwell explained in his classic modern novel, 1984, “••• means the power of holding the contradictory beliefs in one’s mind simultaneously, and accepting both of them.” I do not see how one can hold the mandate of KRS Chapter 526 in one’s mind and yet simultaneously accept the eavesdropping evidence in this case.