Com. v. Hon. Eckert, 2002-CA-002416 -- Not Published; Reversed and Remanded -- PDF - Text
The Commonwealth has appealed to this Court
from an opinion and order entered by the Jefferson Circuit Court
denying the Commonwealth’s petition for writ of mandamus to
require the Jefferson District Court (Juvenile Division) to
transfer a juvenile to the Jefferson Circuit Court so that the
juvenile could be tried as an adult.
Com. v. Hon. Jacquelyn Eckert, Judge Jefferson District Court & J.S. (A Child), 2002-CA-002416 -- Not Published; Reversed and Remanded
The Commonwealth appeals an opinion and order entered by the Jefferson Circuit Court
denying the Commonwealth's petition for writ of mandamus to
require the Jefferson District Court (Juvenile Division) to
transfer a juvenile to the Jefferson Circuit Court so that the
juvenile could be tried as an adult. Court considers the collateral order doctrine and ultimately holds that the language of KRS 23A.080(1) consistent
with CR1 54 and RCr2 12.04 and to require an appeal be taken only
from a judgment disposing of a case or a claim properly
separated within a case. This leads to a remand for the circuit court to consider the writ of mandamus.
Edge v. Com., 2002-CA-002248 -- Not Published;
Affirming -- PDF - Text
Following a jury trial in 1993, Irvin Edge was
convicted of murder. By order entered June 14, 1993, he was
sentenced to life in prison. Our Supreme Court affirmed the
conviction and sentence.1 In September 2001, Edge moved for a
new trial on the ground of newly discovered evidence.
Edgerson v. Com., 2002-CA-000220 -- Not Published; Affirmed -- PDF - TextAppellant Finis Geon Edgerson entered a
conditional Guilty plea to a charge of Possession of a Handgun
by a Convicted Felon and was sentenced to five years. Edgerson
claims that a traffic stop resulting in discovery of the handgun
was unlawful. Edgerson appeals the denial of his motion to
suppress evidence and statements.
Edwards v. Com., 2002-CA-001440 -- Not Published;
Affirming -- PDF - Text
Bradlee Edwards appeals from a judgment entered
on a conditional guilty plea to trafficking in a controlled
substance in the second degree, possession of marijuana and
possession of drug paraphernalia, for which he was sentenced to
one year’s imprisonment probated for five years. Prior to
entering the conditional plea, Edwards challenged the search
that led to the discovery of one ounce of psilocyn mushrooms in
the trunk of his car, which motion the Jefferson Circuit Court
denied.
Embry v. Com., 2002-CA-000086-MR -- Unpublished; Affirmed.
Appellant appeals his conviction of first-degree trafficking, possession of marijuana, use of drug paraphernalia, and first degree persistent felony offender status. The court of Appeals finds it harmless error that the court erred by not requiring the Commonwealth to make a showing to support its privilege to withhold an informant's identity. The court relies on Henson v. Com., 20 S.W.3d 466 (2000) to deny appellant's argument that is confession was coerced. The argument that the Commonwealth failed to prove the elements of trafficking is quickly dismissed. Finally, the court dismisses the appellant's argument that his right to be silent was violated (cites Crowe v. Com., 38 S.W.3d 379 (Ky. 2001)).
Emmons v. Com., 2001-CA-000335 - Not Published;
vacating and Remanding -- PDF - Text
Appellant Kim Emmons appeals her conviction in
the Mason Circuit Court following a bench trial. The court
found appellant guilty of two counts of trafficking in marijuana
and one count of trafficking in a controlled substance, cocaine.
Engle v. Com. and Combs v. Com., 1999-CA-002112
-- Not Published; Affirmed -- PDF - TextThis case comes to the Court of Appeals on
remand for consideration in light of Kirkland v. Commonwealth,
Ky., 53 S.W.3d 71 (2001). We will consider whether there is a presumed conflict of interest when the trial court fails to
execute an RCr 8.30 waiver when two defendants are represented
by separate individual attorneys, but both attorneys work for
the public defender’s office.
Esarey v. Com., 2001-CA-001153 -- Not Published;
Affirming -- PDF - Text
Mary Ann Esarey appeals her conviction in the
Pulaski Circuit Court for wanton endangerment in the first
degree, complicity to retaliating against a witness, and perjury
in the first degree. The charges stemmed from appellant’s
service on a grand jury in Taylor County.
Estep v. Com., 2002-CA-002022
-- Not Published; Affirmed -- PDF - TextSteven Estep (hereinafter “Estep”), proceeding
pro se,1 has appealed from the Pike Circuit Court’s August 19,
2002, Findings of Fact and Order denying his RCr 11.42 motion
for relief. Estep had previously been convicted for the January
24, 1997, murder of his ex-wife, Kathy Bowling, for which he received a life sentence without the possibility of parole for
twenty-five years, and was also convicted on counts of
kidnapping, wanton endangerment and burglary. The main issue in
this appeal is whether Estep received ineffective assistance
from his trial counsel, Haroyln Howard. Having reviewed the
parties’ briefs, the record and the applicable case law, we
affirm.
Eubanks v. Com., 2001-CA-000940
-- Not Published; Affirmed -- PDF - TextAppellant Tyrone Eubanks appeals his conviction
in the Simpson Circuit Court for one count of manslaughter in
the first degree. On appeal, appellant argues that the trial
court should have granted his motion for judgment
notwithstanding the verdict because all of the evidence showed
that he was privileged to act in self-protection. In addition,
appellant alleges errors in the composition of the jury.
Evans vs. Com., 2001-CA-001685
-- Published; Affirmed -- PDF - TextBobby Joe Evans has appealed from a judgment of
conviction and sentence entered by the Fayette Circuit Court on
July 10, 2001, following his conditional plea of guilty to the
charges of trafficking in a controlled substance in the first
degree (cocaine),1 and being a persistent felony offender in the
second degree (PFO II).2
Evans v. Com., 2001-CA-002443
-- Not Published; Affirmed -- PDF - TextBobby Joe Evans, pro se, has appealed from an
opinion and order entered by the Fayette Circuit Court on
October 18, 2001, which granted the Commonwealth’s motion for
forfeiture of $9,124.00 in cash and coins that was seized from
Evans’s apartment at the time of his arrest for drug
trafficking.
Eversole v. Com., 2002-CA-001247 -- Not Published;
Affirming -- PDF - Text
Brenda Eversole has appealed from a final
judgment and sentence of the Laurel Circuit Court entered on May
22, 2002, which pursuant a jury verdict found her guilty of
unlawful transaction with a minor in the second degree2 and as
being a persistent felony offender in the second degree (PFO
II),3 and sentenced her to ten years’ imprisonment.
Everly v. Com., 2001-CA-001065 -- Not Published; AffirmedDavid Paul Everly appeals from a judgment of
the Bullitt Circuit Court wherein he was convicted of firstdegree
sex abuse after a jury trial and was sentenced to two
years in prison followed by a three-year period of conditional
discharge. We affirm.
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