Tony Dale Abney appeals from a judgment of the Montgomery Circuit Court convicting him of operating a motor vehicle on a suspended license, third offense, and sentencing him to three years in prison, enhanced to five years for being a persistent felony offender in the second degree. We affirm.
Adams v. Com., 2001-CA-000227-MR --
Not Published; Affirmed.
Adams v. Com., 2002-CA-001055
-- Not Published; Affirmed -- PDF - Text Adams v. Com., 2002-CA-000456 -- Not Published; Affirmed -- PDF - Text Adams v. Com., 2002-CA-001331
-- Not Published; Affirmed -- PDF - Text Adams v. Com., 2001-CA-002313
-- Not Published; Vacating and Remanding -- PDF - Text Adams v. Com., 2003-CA-000122 -- Not Published;
Reversing and Remanding -- PDF - Text
Agyeman v. Com., 1999-CA-000702 -- Not Published;
Affirmed -- PDF - Text
Akers v. Com., 2002-CA-001019 -- Not Published;
Affirming in Part, Vacating in Part and Remanding -- PDF - Text
Albritton v. Com., 2001-CA-002468 -- Not Published; Affirmed.
Alea v. Com., 2000-CA-002366-MR -- Not Published; Affirmed.
Alexander v. Com., 2003-CA-000226 -- Not Published;
Vacating and Remanding -- PDF - Text
Alexander v. Com., 2002-CA-000374 -- Not Published;
Affirmed -- PDF - Text
Allen v. Com., 1999-CA-003070 -- Not Published; Affirming in part, Remanding in part
Ames v. Com., 2001-CA-002584 -- Not Published; Affirmed
Anglian v. Com., 2001-CA-002423
-- Not Published; Affirmed Arnold v. Com., 2002-CA-001716
-- Published; Affirmed -- PDF - Text Avery v. Com., 2002-CA-002098 -- Not Published;
Affirmed -- PDF - Text
A.W. v. Com., 2001-CA-002411
-- Published; Reversed and Remanded -- PDF - TextCourt is unpersuaded by pro se appeal of the circuit court's denial of appellant's RCr 11.42 and CR 60.02 motions (filed subsequent to his direct appeal). He bases it all on a Strickland challenge and loses. Big time.
Matthew T. Adams appeals from an order of the
Henderson Circuit Court revoking his probation. We affirm.
Adams entered a non-conditional guilty plea to charges
of burglary in the first degree, theft of a firearm, two counts
of theft by unlawful taking, burglary in the third degree, criminal mischief in the first degree, intimidating a witness,
and criminal mischief in the third degree. He was sentenced to
five years on each of the felony counts, and ninety days for the
misdemeanor criminal mischief. The sentences were ordered to
run concurrently for a total of five years.
Zayer Adams appeals from a judgment of the
Christian Circuit Court wherein he was convicted of first-degree
fleeing or evading police, various misdemeanor offenses and
violations, and being a first-degree persistent felony offender
(PFO I). His sole ground of appeal is his contention that the
trial court erred in the jury instructions.
Dennis Adams appeals from a conviction by the
Christian Circuit Court for first degree assault. The jury
fixed a sentence of thirteen years, which the trial court
imposed. On appeal, Adams asserts that statements made during
the Commonwealth’s closing argument rose to the level of
prosecutorial misconduct such that his trial was fundamentally unfair. We find the Commonwealth’s closing arguments did not
render Adams trial fundamentally unfair. Hence, we affirm.
Willard Adams, an inmate at the Kentucky State
Reformatory, appeals pro se from an order of the Oldham Circuit
Court denying his petition for declaratory judgment wherein he
sought relief from an alleged arbitrary denial of meritorious
good time at that institution. We vacate and remand.
Matthew Adams pled guilty to an
amended charge of first-degree sexual abuse and to being a
persistent felony offender in the second degree in exchange for the Commonwealth’s recommendation that he be sentenced to five
years’ incarceration. He was sentenced to the recommended five
years, as well as a three-year period of conditional discharge.
Adams appeals from the judgment and final sentence imposed.
Frederick Agyeman appeals
the denial of his CR 59.02 motion to vacate the order denying his motion for
prerelease probation. We affirm. On February 3, 1998, Agyeman entered a plea
of guilty to two counts of third-degree rape.
This is an appeal from a judgment convicting
appellant of first-degree stalking, fourth-degree assault, and
two counts of second-degree unlawful imprisonment. Due to a
discovery violation and error with regard to the jury
instructions on the misdemeanors, we vacate the convictions for
second-degree unlawful imprisonment and fourth-degree assault.
However, we affirm the conviction for first-degree stalking.
Pro se appellant pled to manslaughter in the first degree which resulted in a twenty year setence. He subsequently pled to possession of contraband and and PFO 2nd which generated a five year sentence to run consecutively. Albritton filed a “Motion for Concurrent Sentencing pursuant to KRS 532.110, KRS 532.030 and CR 60.02" that was denied by the circuit court. This appeal is predicated on the notion that it was error for the court below to deny the CR 60.02 motion. Court rejects the argument as the motion is alleging an error of law by the circuit court. The court cites various old cases in support of the conclusion that errors of law are not properly brought under CR 60.02.
Alea brings two separate appeals from Jefferson Circuit Court: (1) denial of his KRS 17.142 motion requesting segregation of his records and (2) a RCr 11.42 motion to vacate his sentence because the Commonwealth relied on dismissed charges for PFO purposes.
Alea v. Com., 2002-CA-000417-MR --
Not Published; Affirmed.
Pro se Alea appeals Fayette Circuit Court's denial of his motion to vacate his PFO sentence. The PFO status was based on an Indiana burglary that resulted in a plea agreement. The final judgment in Indiana did not accurately reflect the agreement. Indiana made the correction and appellant argues that vitiated the PFO status. The court disagrees saying that the sentence did not change and thus neither did his PFO status in Kentucky.
Terence Alexander was convicted in Fayette
Circuit Court of trafficking in a controlled substance in the
first degree and possession of drug paraphernalia. Based upon
the jury’s recommendation, he was sentenced to serve terms of
nine (9) years and twelve (12) months, respectively. Alexander
appeals. We vacate and remand for a new trial.
Billy Alexander appeals from his sentence of six
years’ imprisonment based upon a jury conviction for Trafficking
in a Controlled Substance, First Degree. We affirm.
On February 12, 1998, Anna Faye Allen, aged
thirty, entered a plea of guilty to the amended charge of third
degree rape for having sexual intercourse with her then thirteen-year-old neighbor. As per the plea agreement, Allen
was sentenced to two and a half years' imprisonment.
Prior to her release in 1999 the trial court ordered a
sexual offender risk assessment and hearing. Allen requested
that she be allowed to proceed in forma pauperis. A public
defender was appointed to represent Allen at the hearing. Allen
waived her appearance. The trial court found Allen to be at
moderate risk for repeating a sexual offense, and Allen appeals.
Ames appeals from the decision of
the Clark Circuit Court revoking his conditional discharge,
imposed pursuant to Kentucky Revised Statute 532.043, following
service of his sentence for a sex offense. Appellant's discharge was revoked because he was held to have had a knife and threatened a co-resident, as well as the possession of material depicting partial or complete nudity in violation of the
conditions of his release. The court's interest is peaked by a First Amendment argument comparing the materials to Michaelangelo's Sistine Chapel, it ultimately is unpersuaded.
Jimmy Anglian appeals from a judgment
of the Harlan Circuit Court convicting him of tampering with
physical evidence. He maintains that the trial court improperly
denied his motion for a directed verdict. We affirm the
judgment on appeal.
Bennie Arnold appeals from the Jefferson Circuit
Court’s grant of a writ of prohibition. Finding no error, we
affirm.
Jamie Shawn Avery (Avery) entered a
conditional guilty plea to trafficking in the first degree;1
possession of marijuana;2 possession of drug paraphernalia;3 and
being a persistent felony offender, second degree,4 and received
a ten-year sentence.
This matter is on discretionary review from an
order of the Campbell Circuit Court which affirmed an order by
the juvenile division of the Campbell District Court holding a
public offender in contempt for violation of the conditions of
her probation. Although we agree with the circuit court that
the juvenile court was within its authority to impose contempt,
we conclude that the juvenile court's exercise of this authority did not afford basic due process to the child. Hence, we
reverse and remand for further proceedings.
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