2004 Unpublished Court of Appeals Opinions Index |
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Caldwell V Com, 2003-CA-000356 -- To Be Published;
Opinion and Order -- PDF
Caldwell V Com., 2003-CA-000356 -- Order Denying Motions -- PDF
Campbell v. Com., 2000-CA-002025 Not To Be Published;
Affirming -- PDF Carter V Com, 2003-CA-002062--Not To Be Published;
Affirming -- PDF
Caruso v. Com, 2002-CA-002330-MR-- Not Published;
Affirming -- PDF
Caswell v. Com,2003-CA-002342 -- Not Published;
Affirming -- PDF
Cash v. Com., 2002-CA-001624-- Not Published;
Affirming -- PDF
Chandler v Com., 2003-CA-000685-MR -- Not Published;
Affirming -- PDF
Chandler v. Com, 2002-CA-000781-MR-- Not Published;
Affirming -- PDF
Chandler v. Com, 2003-CA-002170 -- Not Published;
Affirming -- PDF Chapman v. Com., 2002-CA-002395 -- Not Published;
Affirming -- PDF
Chatman V Com, /2003-CA-002529-MR Not To Be Published; Affirming -- PDF
Charles v. Com., 2003-CA-001451-- Not Published;
Affirming -- PDF
Cheatham v. Com., 2002-CA-001829-- Not Published;
Affirming -- PDF
Chenault v. Com., 2002-CA-000451 -- Not Published;
Affirming -- PDF
Chipman V Com,2003-CA-002349-Not To Be Published;
Affirming -- PDF
Clark v Com, 2003-CA-001184 -- To Be Published;
Affirming -- PDF Clayton v. Com.,2002-CA-001640 -- Not Published;
Affirming -- PDF
Cleaver v Com., 2003-CA-000414-MR -- Not Published;
Affirming -- PDF
Clemons V Com,2003-CA-002020-- To Be Published; Affirming -- PDF
Cobb v. Com., 2002-CA-001551- Not To Be Published;
Affirming -- PDF Coleman V Com, 2003-CA-000843-MR-- Not Published;
2003-CA-000855-MR Affirming-MR -- PDF
Collier v. Com, 2004-CA-000712 -- Not Published;
Affirming -- PDF Collins v Com., 2002-CA-002188-MR -- Not Published;
Affirming -- PDF
Collins v. Com., 2002-CA-001991-- Not Published;
Affirming -- PDF
Com. v. Arndell, 2000-CA-002426 -- Not Published;
Vacating and Remanding -- PDF
Com v. Bradley., 2003-CA-000642-- Not Published;
Affirming -- PDF
Com v Bustamonte., 2003-CA-000502-MR -- Not Published;
Reversing and Remanding --- PDF
Com v. Bustamonte, 2003-CA-000502-MR &2003-CA-001112 To Be Published;
Reversing And Remanding -- PDF
Com V Coleman, 2003-CA-001681-MR-- Not Published;
2003-CA-000855-MR Vacating and Remanding -MR -- PDF
Com v Ellis, 2003-CA-002061--Not To Be Published;
Opinion and Order : Dismissing -- PDF
Com V Erickson., 2002-CA-002084 -- Published;
Reversing and Remanding -- PDF
Com v Ferguson, 2003-CA-000173 -- Not Published;
Affirming In Part Reversing In Part And Remanding -- PDF
Com V Francis, 2003-CA-002130-- To Be Published;
Reversing and Remanding -- PDF
Com. v. Harris, 2002-CA-000907 -- Not Published;
Affirming -- PDF
Com. v. Henderson, 2002-CA-000460-- Not Published;
Dismissing -- PDF
Com v Honorable Lisabeth Hughes
Abramson, JUDGE, JEFFERSON
CIRCUIT COURT and A.P., A CHILD, 2003-CA-000055 -- Not Published;
Affirming-- PDF
Com V Huffman, 2003-CA-000345-MR-- Not Published;
2003-CA-000855-MR Affirming -- PDF
Com V James, 2003-CA-001432-MR -- Not Published;
Reversing And Remanding -- PDF
Com v. Johns, 2003-CA-000684-MR &2003-CA-001112 Not To Be Published;
Affirming In Part Reversing and Remanding In Part -- PDF
Com v Kelly ., 2003-CA-001053-- Not Published;
Affirming -- PDF
Com V Kerr, 2003-CA-001330-MR-- To Be Published;
2003-CA-000855-MR Reversing And Remanding -- PDF
Com V Litchford and Piercy, /2004-CA-000389-MR Not To Be Published; Affirming -- PDF
Com v McCaig., 2003-CA-000801- Not To Be Published;
Affirming -- PDF
Com v McIntosh., 1999-CA-001920- Not To Be Published;
Affirming in Part, Reversing In Part And Remanding -- PDF
Com. v. Meredith, 2002-CA-002553-- Not Published;
Reversing and Remanding -- PDF
Com. v. Murray, 2002-CA-001507 -- To Be Published;
Reversing -- PDF Com v Murray, 2002-CA-001507 -- Not To Be Published;
Affirming-- PDF
Com V Neal, 2003-CA-001499-MR-- Not Published;
2003-CA-000855-MR Affirming In Part ReversingIn Part Remanding -MR -- PDF
Com v Newman, 2002-CA-001384-MR-- To Be Published;
Affirming -- PDF
Com V Rice, 2003-CA-002206--Not To Be Published;
Affirming -- PDF
Com. v. Rainey, 2002-CA-002070-- Not Published;
Affirming -- PDF
Com V Salmon, 2003-CA-001196-MR-- Not Published;
2003-CA-000855-MR Reversing And Remanding -- PDF
Com V Shaw /2003-CA-000522-MR Not To Be Published; Affirming In Part Reversing In Part And Remanding -- PDF
Com V Shirley, 2003-CA-000689 -- To Be Published;
Affirming-- PDF
Com. v. Stringer, 2002-CA-002617-- Not Published;
Reversing -- PDF
Com V Vettraino, 2003-CA-001387--Not To Be Published;
Affirming -- PDF
Com v. Vincent., 2003-CA-000768-MR -- Published;
Affirming -- PDF
Com v Virgil., 2002-CA-002241- Not To Be Published;
Affirming -- PDF - Text Com V Warner, 2003-CA-000452-MR-- Not Published;
2003-CA-000855-MR Affirming -- PDF
Com V West, 2003-CA-000437-MR -- Published;
Opinion And Order Dismissing -- PDF
Cooper v. Com, 2003-CA-000453 -- Not Published;
Affirming -- PDF
Corder v. Com., 2003-CA-000219-- Not to be Published;
Affirming -- PDF
Cowan v. Com., 2003-CA-000183 -- Not Published;
Affirming -- PDF
Culver v Com., 2003-CA-000632-MR -- Not Published;
Affirming -- PDF
Croft v. Com., 2003-CA-000981-- Not Published;
Affirming -- PDF
Croft V Com, /2003-CA-000350-MR Not To Be Published; Affirming -- PDF
Crosby v Com, 2002-CA-002129-MR--Not To Be Published;
Affirming -- PDF
Cummins v. Com., 2003-CA-000863-- Not Published;
Affirming -- PDF
Cunningham v Com, 2002-CA-002568-- Not To Be Published;
Affirming-- PDF
Curry v. Com., 2003-CA-001343-MR-- Not Published;
2003-CA-000855-MR AFFIRMING -- PDF
On June 8, 2004, this Court conducted a
hearing in Appeal Number 2003-CA-000356-MR, Caldwell v.
Commonwealth (Caldwell), and in Appeal Number 2003-CA-001896-MR,
Delong v. Commonwealth (Delong), as to why counsel for appellant
in these cases, Dennis M. Stutsman for the Office of Public
Advocacy (OPA), should not be held in contempt for failure to
comply with previous orders of this Court and for failure to
timely file the brief for appellant in each case. Appeal number
2003-CA-001767-MR, McCormick v. Commonwealth (McCormick) is
currently pending before the Court on response to a show cause
order almost identical in nature to the show cause order issued
in Delong. Therefore, the Court has elected to address and to
dispose of the procedural aspects of McCormick as well in this
opinion and order.
In addition to Mr. Stutsman’s argument, comments were
presented to the court by Erwin W. Lewis, Public Advocate;
The Department of Public Advocacy has filed a motion pursuant to CR 76.38(2) to suspend the effectiveness of the opinion and order rendered July 30, 2004, in these appeals pending resolution by this Court of the Department's separately filed motion to modify that opinion and order. Having considered the motion to suspend the effectiveness of the opinion and order as well as the motion to modify, and being otherwise sufficiently advised, the Court ORDERS that both motions be, and they are hereby, DENIED.
Thelma Campbell was convicted of rape,
third degree and persistent felony offender, second degree. She
was sentenced to two years’ imprisonment on the rape charge and
five years’ imprisonment on the PFO conviction. On appeal she
raises numerous issues most of which were not properly preserved
for review.
Don Durrell Carter (Carter) appeals his
conviction for possession of cocaine based on a conditional
guilty plea reserving the right to appeal the trial court’s
denial of a motion to suppress evidence (cocaine) obtained from
a search incident to an arrest. Carter contends the stop was unlawful. Based on the totality of the circumstances, we opine
the trial court did not err and we affirm.
Bernard Caruso appeals from an order of the
Boyle Circuit Court which denied his motion for relief under
Kentucky Rules of Criminal Procedure (RCr) 11.42 following an
evidentiary hearing. We affirm.
Randall R. Caswell (hereinafter appellant)
appeals the denial of his motion pursuant to RCr 11.42 to vacate
his conviction for criminal attempt to commit murder. The
offense occurred on March 2, 1999, when appellant shot his wife
numerous times and then shot himself in the head. Appellant pled guilty and received a fifteen year sentence. He filed a
pro se motion to vacate on July 14, 2003. The court below
entered an order denying the motion without a hearing based on
the fact that appellant’s allegations were refuted by the
record.
David Leslie Cash appeals from a July 1, 2002,
judgment of the Bracken Circuit Court. We affirm.
On March 22, 2002, the Bracken County Grand Jury
indicted appellant on six counts of first degree wanton
endangerment, possession of a handgun by a convicted felon and
for being a persistent felony offender in the second degree.
Stephen Chandler appeals from an order of the
Campbell Circuit Court revoking his probation and sentencing him
to five years’ imprisonment for Wanton Endangerment, First
Degree. Finding no error by the trial court, we affirm.
Buster Chandler appeals
from an order of the Fayette Circuit Court entered on April 8,
2002, in which the trial court denied the following: Chandler’s
motion, pursuant to CR 60.02, to vacate his conviction; his
motion to consolidate, supplement, and amend his previous CR
60.02 motion; his motion for appointment of counsel; his motion
for findings of fact; his motion for a polygraph test; his
petition for mandatory injunction pursuant to CR 65.01; motion
to supplement his CR 60.02 motion pursuant to CR 15.04;
Buster Chandler appeals from orders of the
Fayette Circuit Court denying his motion to supplement and amend
his previous RCr2 11.42 motion and denying his motions for
findings of fact and for a default judgment. We affirm.
Trichell Chapman (“Chapman”) appeals from a
judgment of the Pike Circuit Court reflecting a jury verdict of
guilty on one count each of third-degree burglary and theft by
unlawful taking over $300, and/or acting in complicity with one
who committed those offenses.
Chatman has appealed from an order
entered by the McCracken Circuit Court on November 17, 2003,
which denied his motion to vacate his conviction pursuant to RCr2
11.42. Having concluded that the record conclusively resolves
all of Chatman’s claims, we affirm.
In this criminal action, Carmel Dean Charles,
Jr. (hereinafter “Charles”) is directly appealing his conviction
of First-Degree Manslaughter 1 and an eighteen-year sentence
imposed by the Pike Circuit Court following a jury trial. The
only issues presented on appeal relate to whether the trial
court erred in denying Charles’ motion and renewed motion for a
directed verdict and in allowing the victim’s mother to remain in the courtroom despite her emotional state.
Randall Cheatham1 entered a conditional plea of
guilty to two counts of possession of a firearm by a convicted
felon. At issue is whether the restoration of civil rights
Cheatham received from Governor Martha Layne Collins restored
his right to possess a firearm.
Christopher Floyd Chenault (Chenault) appeals
from the judgment of the Fayette Circuit Court convicting him of
first degree wanton endangerment, possession of marijuana, and
being a persistent felony offender, second degree.
The Appellant, Gregory W. Chipman, pro se,
(Chipman), has appealed from an order entered by the Grant
Circuit Court on October 17, 2003, denying his motion made
pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42
without holding an evidentiary hearing. Chipman’s underlying
claims raise ineffective assistance of counsel with regard to
the lack of jury instructions on extreme emotional disturbance (EED) and intoxication, and a denial of due process in the
exclusion of evidence of the victim’s intoxication..
Jeffrey Dewayne Clark appeals from the decision of the Meade Circuit Court finding that his action under Kentucky Rules of Criminal Procedure (RCr) 11.42 was time-barred under RCr 11.42(10). Clark argues that his action was not time- barred because the statute was tolled while he sought habeas corpus relief in the federal courts. We hold that seeking federal habeas corpus relief does not toll the statute of limitations in RCr 11.42, and affirm the circuit court's decision.
Henry F. Clayton appeals from the denial of a
motion filed pursuant to RCr1 11.42 to vacate his 1998
convictions for first-degree stalking, kidnapping, and seconddegree
assault. He argues that the trial court erred in failing
to conduct an evidentiary hearing on his claims of ineffective
assistance of counsel.
LaSteven Cleaver (hereinafter appellant)
appeals from an order of the Hardin Circuit Court revoking his
probation. Appellant pled guilty to fleeing or evading police
in the first degree, three counts of wanton endangerment in the
first degree, possession of marijuana, possession of drug
paraphernalia, resisting arrest, operating on a suspended
operator’s license, and operating a motor vehicle under the
influence.
Two of the non-financial conditions of James
Clemons’s pretrial release from jail were to avoid alcohol and
to observe a curfew. The trial court revoked his bond after
Clemons was caught out drinking past curfew. After jailing Clemons subject to a higher bond, the trial court also ordered
Clemons’s sureties, Cindy Clemons Carter and William Howard
Clemons, to forfeit a portion of the original bond. The
sureties argue that they did not receive the required notice of
the bond forfeiture hearing and that the amount of the
forfeiture is excessive.
A Whitley Circuit Court jury convicted David
Glenn Cobb (Cobb) of first-degree manslaughter for the stabbing
death of Terry Carmen (Carmen) and fixed Cobb’s punishment at
ten years in prison. At the final sentencing, the circuit court
imposed judgment in accordance with the jury’s verdict. Cobb
now appeals from that judgment as a matter of right. We find no
error and affirm.
Richard Coleman appeals from the judgment of
the Graves Circuit Court, entered on a conditional guilty plea
to manufacturing methamphetamine. This case involves two
separate incidents, and with respect to each, Coleman argues on
appeal that the circuit court should have suppressed the
evidence obtained in the searches for lack of valid consent.
Following a conditional guilty plea to
possession of a firearm by a convicted felon, Michael Collier
brings this appeal pursuant to Ky. R. Crim. P. 8.09. Collier
reserved the right to appeal the trial court’s rejection of his
claim that the statute criminalizing the possession of a firearm
Gene Collins appeals from an order of the
Jefferson Circuit Court denying his petition for postconviction
relief pursuant to RCr 11.42. For the reasons stated below, we
affirm.
J.T. Collins (hereinafter appellant) appeals
the judgment of the Warren Circuit Court, following a bench
trial, adjudging him guilty of attempted murder, resisting arrest and disorderly conduct.
This matter is before this court on remand
from the Kentucky Supreme Court for reconsideration in light of
Kotila v. Commonwealth, Ky., 114 S.W.3d 226 (2003). For the
reasons stated hereafter, we vacate the order of the Caldwell
Circuit Court and remand this matter for further proceedings.
Commonwealth of Kentucky appeals from an
order of the Jefferson Circuit Court granting Cleavon Bradley’s
motion to suppress evidence. We affirm.
On September 15, 2000, at 4:00 a.m., Cleavon Bradley
was in his brother’s car in the Iroquois housing project in
Louisville when he was pulled over by Officer Bryan Royse.
The Commonwealth of Kentucky appeals from an
order of the Fayette Circuit Court reducing the sentence of Jose
Antonio Bustamonte (hereinafter “Bustamonte”) upon finding a
reason of extraordinary nature justifying relief under CR
60.02(f). For the reasons stated herein, we reverse.
The Commonwealth of Kentucky appeals from an
order of the Fayette Circuit Court reducing the sentence of Jose
Antonio Bustamonte (hereinafter “Bustamonte”) upon finding a
reason of extraordinary nature justifying relief under CR
60.02(f). For the reasons stated herein, we reverse.
The Commonwealth has appealed from an
interlocutory order of the Jefferson Circuit Court entered on
July 23, 2003, which granted Demarcus Coleman’s motion to
suppress evidence. Having concluded that the trial court erred
by determining that “some reasonable suspicion of drug activity”
was required before the plain-feel doctrine could have justified
the seizure of the crack cocaine found on Coleman’s person, we
vacate and remand for further proceedings.
The Commonwealth of Kentucky has appealed from
the Warren Circuit Court’s September 3, 2003, final judgment
entered following Gary Kenneth Ellis’s entry of a guilty plea to
an amended charge of Driving Under the Influence of Intoxicants,
Third Offense Within 5 Years,1 with aggravated circumstances;
Speeding;2 and Operating on Suspended Operator’s License.3 Ellis
received a six-month sentence for the DUI conviction, which thecircuit court probated for twenty-four months.
Pursuant to KRS 1 22A.020(4), the Commonwealth has
appealed from an order of September 11, 2002, of the McCracken
Circuit Court that granted Steven Erickson’s motion to suppress
evidence seized from his vehicle. The Commonwealth challenges
the ruling that Erickson’s consent to the search of his vehicle
resulted from an unconstitutional detention.
Michael Ferguson appeals from the judgment of
the Jefferson Circuit Court convicting him of two counts of
first-degree bail jumping and sentencing him to two and one-half
years’ imprisonment on each count with the sentences to run
consecutively. He claims that the trial court erred by allowing
the Commonwealth to present testimony from a witness without
reviewing his psychiatric records
The Commonwealth of Kentucky, on behalf of
Retta E. Francis (now Phelps), appeals from an order entered by
the Caldwell Circuit Court. The trial court refused to extend
Brent Francis’s obligation to provide child support for the
benefit of his emancipated daughter. The Commonwealth contends
that enrollment of the parties’ child in a home-school program
qualified her as a “high school student” for purposes of KRS1 403.213(3) in order that court-ordered child support should
continue until her completion of the school year in which she
attained the age of nineteen. We agree. Thus, we reverse.
The Commonwealth has appealed from an order
entered by the Wayne Circuit Court on April 16, 2002, which
dismissed an indictment against Misti Harris. Having concluded
that the trial court properly dismissed the indictment against
Harris pursuant to Commonwealth v. Welch,1 we affirm.
This is an appeal from an order entered by the
Jefferson Circuit Court dismissing the underlying action with
prejudice. For the reasons stated hereafter, we dismiss this
appeal.
The Commonwealth of Kentucky appeals an order
of the Jefferson Circuit Court, denying a writ of prohibition
and mandamus. The Commonwealth sought the writ in order to
restrain the Jefferson District Court from granting funds for an
additional competency evaluation of A.P., a child charged with
sex abuse in the first degree. Although the district court
erred in permitting the request for funds by defense counsel to be made ex parte, pursuant to the provisions of KRS 31.185,
ultimately we agree with the circuit court that the district
court did not abuse its discretion in granting a second
competency evaluation.
David Huffman brings this appeal from a Final
Judgment and Order of Imprisonment of the Pike Circuit Court,
entered on January 22, 2003. He argues that evidence of his
prior involvement in a drug case should not have been admitted at
trial, and that the prosecutor’s closing argument was
sufficiently prejudicial to warrant reversal of his conviction
and sentence.
The Commonwealth of Kentucky has appealed from
the Jefferson Circuit Court’s June 25, 2003, Opinion and Order
dismissing, without prejudice, two indictments for Flagrant
Nonsupport returned against Michael L. James (hereinafter
“James”) due to prosecutorial misconduct. Having considered the
parties’ arguments made in their respective briefs and at oral
argument, as well as the certified record and the applicable
The Commonwealth of Kentucky has appealed from
an order of the Laurel Circuit Court granting a motion to
dismiss the perjury indictments against appellees, Ricky E.
Johns (“Johns”) and Donnie Johnson (“Johnson”). For the reasons
stated hereafter, we affirm in part, reverse in part and remand
for further proceedings.
On October 10, 2002, dispatch in Lexington
received a call from two unnamed Waffle House employees that
they suspected a recent patron of their restaurant to be under
the influence and about to drive. They described his car as a
red, older model Camaro with Tennessee tags.
The Commonwealth of Kentucky appeals
from an order of the Trigg Circuit Court declaring KRS 1 250.489
to be unconstitutionally vague and dismissing the indictment
against Kristopher Lee Kerr.
KRS 250.489(1) states:It shall be unlawful for any person to
knowingly possess anhydrous ammonia in any
container other than an approved container.
The statute was enacted through House Bill 501. In that same
bill, KRS 250.482 was amended to define “approved container” as
a “container for anhydrous ammonia which meets or exceeds the
requirements of the Federal law or regulation for the storage
and handling of anhydrous ammonia.”
This appeal is by the Commonwealth from an
order of the circuit court suppressing evidence seized during
the consensual search of a hotel room. The case of United
States v. Heath, 259 F. 3d 522 (6th Cir. 2001), is dispositive of
the issue of whether the search violated the Fourth Amendment to the United States Constitution. The Court in Heath decided that
once the police searched the defendant and his vehicle, and
found nothing inherently criminal, the officers were obligated
to end their investigation. The subsequent search of the
apartment violated the Fourth Amendment, which required the
illegally seized evidence to be suppressed. The circuit court
was correct in holding Heath governs our case.1 Hence we affirm.
While on probation for a felony conviction in
Wolfe County, Appellant, Bryan Maciag (Maciag), was convicted of
one unrelated felony offense in Elliot County and another
unrelated felony offense in Morgan County. Because Maciag was
convicted of two felony offenses committed while on probation,
under KRS 533.060(2), the Wolfe Circuit Court revoked Maciag’s
probation and sentenced him to a term of two years to be served
consecutively with the sentences imposed in the Elliot and Morgan Circuit Courts.
Mac McIntosh Jr. appeals an August 11, 1999,
judgment of the Jackson Circuit Court from a jury verdict
convicting him of two counts of burglary in the second degree
and sentencing him to seven years’ imprisonment. McIntosh also
appeals from a May 8, 2003, order of the Jackson Circuit Court
denying his motion pursuant to Kentucky Rules of Civil Procedure
(CR) 60.02 to vacate or set aside the 1999 judgment as void or satisfied. Having carefully reviewed the record, the applicable
law and the arguments presented by the parties herein, we affirm
in part, reverse in part, and remand.
The Commonwealth of Kentucky appeals from an
order of the Wayne Circuit Court suppressing Billy Meredith’s
confession to a Kentucky State Police trooper because Meredith
had not been advised of his right to remain silent.
This is an appeal from an order entered by the
Russell Circuit Court granting appellee David Earl Murray’s
motion to suppress evidence obtained as a result of a
warrantless search. The issue on appeal is whether the circuit
court erroneously suppressed the marijuana that was seized in an
area beyond the curtilage of Murray’s property. For the reasons
stated hereafter, we reverse.
This is an appeal from an order entered by the
Russell Circuit Court granting appellee’s, David Earl Murray’s
(“Murray”), motion to suppress evidence obtained as a result of
a warrantless search. The issue on appeal is whether the
circuit court erroneously suppressed the marijuana that was
seized in an area beyond the curtilage of Murray’s property.
For the reasons stated hereafter, we affirm.
The Commonwealth has filed an interlocutory
appeal from an order of the Jefferson Circuit Court entered on
June 25, 2003, which granted Lavelle Neal’s motion to suppress
evidence against him, and sua sponte dismissed both of the
indictments pending against him. Having concluded that the
trial court did not err by determining that the plain-feel
doctrine did not justify the removal of a brown paper bag from
Neal’s person, we affirm that portion of the trial court’s
The Commonwealth has appealed from an order of
the Boone Circuit Court entered on June 12, 2002, which, after
determining that Daniel Newman was not required to register as a
sex offender, dismissed the indictment against him. Having
concluded that the trial court did not err by determining that
Newman was not required to register as a sex offender or by
dismissing the indictment against him, we affirm.
The Commonwealth of Kentucky appeals from an
order of the Leslie Circuit Court vacating Linzie Douglas Rice’s
conviction and sentence for murder and two counts of firstdegree
wanton endangerment. The circuit court entered the order
vacating the judgment pursuant to Rice’s RCr1 11.42 motion. We
affirm.
The Commonwealth of Kentucky brings this
interlocutory appeal from a September 5, 2002, order of the
Jefferson Circuit Court. Kentucky Revised Statutes (KRS)
22A.020. We affirm.
The Commonwealth of Kentucky has been granted
discretionary review of an opinion of the Jefferson Circuit
Court which affirmed an order of the Jefferson District Court
granting Jerome Salmon’s motion to withdraw his plea of guilty
to the amended charge of Trafficking in Marijuana, less than
eight ounces. We reverse.
The Commonwealth of Kentucky has appealed from
an order entered by the Jefferson Circuit Court on February 6,
2003, which granted Marjorie Shaw’s motion to suppress the
evidence seized from her residence pursuant to a warrantless
search and dismissed the indictment against her, with prejudice.
Having concluded that the trial court’s findings are supported
by substantial evidence and that the trial court correctly
applied the law to those findings, we affirm the trial court’s
-2-
ruling on the motion to suppress. Having further concluded that
the trial court was required to obtain the Commonwealth’s
consent prior to dismissing the indictment against Shaw,1 we
reverse in part and remand for further proceedings consistent
with this Opinion.
In this forfeiture case, the circuit court held
that it had discretion to determine whether or not to order the
forfeiture of Amanda Shirley’s automobile. Exercising that
discretion, the court held that forfeiture was not appropriate
in Shirley’s case.
The Commonwealth has appealed from the amended
final judgment and sentence of probation entered by the Pulaski
Circuit Court on December 20, 2002, which granted William
Stringer’s CR1 60.02 motion to modify his sentence. Having
concluded that the trial court abused its discretion by
improperly applying the law to the facts of the case sub judice,
we reverse.
The Commonwealth of Kentucky appeals from an
order of the Warren Circuit Court granting Riccardo Vettraino's
motion for post-conviction relief, filed under Kentucky Rule of
Criminal Procedure (RCr) 11.42. Vettraino cross-appeals that
portion of the trial court’s order denying that he received.
The Commonwealth appeals from an order
of the Bullitt Circuit Court dated March 10, 2003, dismissing an
indictment of November 19, 1987, against Jackson Hugh Vincent
charging him with third-degree rape and third-degree sodomy.
William Virgil was convicted in the Campbell
Circuit Court in 1988 of a brutal murder and was sentenced to 70
years in prison. His conviction was upheld on appeal by the
Kentucky Supreme Court. See Virgil v. Commonwealth, No. 88-SC-
844-MR, rendered May 24, 1990 (not to be published).
Postconviction motions pursuant to RCr1 11.42 were later made and
denied.
1 Kentucky Rules of Criminal Procedure..
Jerry Lee Warner has appealed from a final
judgment and sentence of the Fayette Circuit Court entered on
February 11, 2003, which, following Warner’s conditional guilty
pleas to incest 1 and to being a persistent felony offender in the
first degree (PFO I),2 sentenced Warner to five years’
imprisonment for his incest conviction, which was then enhanced
to ten years’ imprisonment pursuant to his PFO I conviction.
The Commonwealth of Kentucky brings this
interlocutory appeal from a February 11, 2003, order of the
Jefferson Circuit Court. Kentucky Revised Statutes (KRS)
22A.020(4). We dismiss.
Appellee was indicted upon several felonies, including
possession of a handgun by a convicted felon (KRS 527.040) and
with being a persistent felony offender in the first degree (KRS
532.080). A review of the record revealed that the February 11,
2003, order appealed from was never reduced to writing but was
merely recited orally.
Dewayne Edward Cooper appeals following his
conviction of receiving stolen property over $300.00. On
appeal, he argues that the circuit court improperly refused to
instruct the jury on the misdemeanor offense of receiving stolen
property under $300.00.
The facts of the case are fairly simple. Cooper was with Josh Tincher at the Camelot East strip club in Lexington.
In October 2002, James Corder pled guilty but
mentally ill to three counts of first-degree robbery in
violation of KRS 515.020. The Hardin Circuit Court accepted
Corder’s plea, and by judgment entered January 17, 2003,
sentenced him to concurrent terms of imprisonment totaling
sixteen years. Notwithstanding Corder’s plea, appointed trial
counsel filed on his behalf a notice of appeal.
Floyd Cowan, pro se, appeals from an order of
the Pulaski Circuit Court denying his CR1 60.02 motion to vacate
his conviction.
Brent T. Culver filed a petition for
discretionary review with this Court and requested a review of
an appellate opinion of the Nelson Circuit Court entered on
November 18, 2002 which affirmed the Nelson District Court’s
denial of Culver’s motion to suppress the results of his blood
alcohol test.
Damon Croft appeals from an order of the
Jefferson Circuit Court, entered April 10, 2003, which denied
his motion filed pursuant to Kentucky Rules of Civil Procedure
(CR) 60.02 to vacate the judgment and sentence for his 1996
conviction for first-degree possession of a controlled
substance.
Damon Demetrious Croft (“Croft”) appeals from
an order of the Jefferson Circuit Court denying his motion for
CR 60.02 relief. We affirm.
Marcus Crosby was convicted of
possession of a handgun by a convicted felon and sentenced to
eight and one-half years’ imprisonment. He alleges that the
trial court erred when it denied his motion to suppress a
handgun seized as the result of a warrantless search; when it
refused to strike the testimony of a witness after she invoked
her fifth amendment privilege against self-incrimination; and,it failed to sua sponte inquire into a possible conflict of
interest between defense counsel and a witness. We affirm.
Ricky Wayne Cummins (hereinafter appellant)
appeals from the Mercer Circuit Court’s denial of his CR 60.02
motion for relief from his conviction for rape in the first
degree, sodomy in the first degree, kidnapping and three counts
of being a persistent felony offender in the second degree. We
affirm.
Appellant, Henry Cunningham (Cunningham),
appeals pro se denial of his request for post conviction relief.
Cunninham objects to the adverse ruling of the Henderson circuit
court claiming error in the denial of his motion to suppress,
and his motion to dismiss the indictment. We affirm the trial
court’s rulings.
Michael Curry appeals from a judgment of the
Jefferson Circuit Court convicting him of second-degree sexual
abuse and sentencing him to twelve months’ incarceration, six
months to serve and six months probated.
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