2004 Unpublished Court of Appeals Opinions Index |
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Gabbard v Com, 2003-CA-002171 -- Not Published;
Affirming -- PDF Gabbard V Com, 2003-CA-002394-MR-- Not Published;
2003-CA-000855-MR Affirming -- PDF
Gaillard v. Com, 2003-CA-000831 -- Not Published;
Affirming -- PDF
Gallman v Com, 2002-CA-002315 --Not To Be Published;
Affirming-- PDF
Gambrel v. Com., 2002-CA-001506-- Not Published;
Affirming -- PDF
Garcia V Com, 2003-CA-000918-MR-- Not Published;
2003-CA-000855-MR Affirming-MR -- PDF
Gass v Com, 2003-CA-002312 -- Not To Be Published;
Affirming -- PDF Gazaway v Com, 2003-CA-002530 -- Not Published;
Affirming -- PDF Gibbins V Com, 2003-CA-002670--Not To Be Published;
Affirming -- PDF
Gibson V Com, 2003-CA-001286--Not To Be Published;
Affirming -- PDF
Gibson v. Com., 2001-CA-002695 Not To Be Published;
Affirming -- PDF
Gilbert V Com, 2003-CA-001634-MR-- Not Published;
2003-CA-000855-MR Affirming -MR -- PDF
Gilbert v Com, 2003-CA-000738- Not To Be Published;
Affirming -- PDF Gilliam v. Com., 2002-CA-001601 -- Not Published;
Affirming -- PDF
Goddard v Com, 2002-CA-002151-- Not To Be Published;
Affirming -- PDF
Gomez V Com, 2003-CA-000947--NotTo Be Published;
Affirming -- PDF
Gomez V Com, 2003-CA-000947--
Affirming -- PDF
Gray v. Com., 2002-CA-002182 -- Published;
Affirming-- PDF
Gray V Com, 2003-CA-000648--Not To Be Published;
Opinion and Order : Dismissing -- PDF
Green v. Com, 2002-CA-000479 -- Not Published;
Affirming -- PDF
Gribbons V Com, 2003-CA-001716--Not To Be Published; Affirming -- PDF
Griffith v. Com., 2003-CA-000213-- Not Published;
Affirming -- PDF
Grimm v. Com, 2003-CA-001615 --Not To Be Published;
Affirming -- PDF
Grundy v Com, 2003-CA-000595 -- Not To Be Published;
Affirming-- PDF
Grundy v. Com, /2003-CA-001679-MR -Not To Be Published;
Affirming -- PDF
Gulyard V Com, 2003-CA-000854-MR-- Not Published;
2003-CA-000855-MR Affirming-MR -- PDF
Hargus Wayne Gabbard appeals the order of the
Lincoln Circuit Court denying his motions to vacate his
conviction pursuant to RCr 11.42 and CR 60.02. On September 13,
1996, Gabbard was convicted following a jury trial of assault in
the second degree and of being a persistent felony offender in
the second degree. His conviction was affirmed by this Court on
September 4, 1997.
Scotty Allen Gabbard, pro se, has appealed from
an order of the Bell Circuit Court entered on October 15, 2003,
which denied his RCr 1 11.42 motion. Having concluded that the
trial court correctly denied the motion as untimely, we affirm.
In March 1994, Richard Gaillard (hereinafter
appellant) was indicted by the Jefferson County Grand Jury for
first-degree burglary, kidnapping, first-degree sodomy, firstdegree
rape, intimidating a witness, first-degree wanton
endangerment (2 counts), terroristic threatening (2 counts), and
violation of a protective order (2 counts). On July 11, 1995,
he appeared before the Court for the apparent purpose of entering a guilty plea.1 Apparently, Judge Laurence Higgins
(retired) was presiding when his plea agreement was made, and
appellant asserts that Judge Higgins accepted his plea.
This is an appeal from a judgment convicting
appellant of first-degree fleeing or evading and being a firstdegree
persistent felony offender (“PFO I”). Appellant argues
that his conduct did not create a substantial risk of serious
physical injury, that the prosecutor made an improper statement
during closing argument, and that appellant was improperly asked on cross-examination to comment on the credibility of another
witness. Upon review of the record, we adjudge either there was
no error committed or if there was error, it was harmless.
Hence, we affirm.
Donnie Gambrel has appealed from an order
entered by the Knox Circuit Court on June 10, 2002, denying his
RCr 11.421 motion without holding an evidentiary hearing. He has
also appealed the denial of his motion for funds to retain a
mental health expert to aid in the preparation of the motion.
Octavio Medina Garcia appeals the April 1, 2003,
judgment of the Fayette Circuit Court. We affirm.
On January 29, 2002, Officer David Biroschik of the
Lexington Metro Police Department responded to a disturbance at
appellant’s apartment. The victim told police upon arrival that
appellant had induced her into his apartment to look at
furniture, locked her in the apartment against her will, and
raped her.
Appellant, Robert Gass Sr. (Gass), appeals the
denial of his RCr 11.42 motion for post-conviction relief and
demand for an evidentiary hearing on the issues raised in his
motion. We affirm the trial court’s denial. Gass asserted in his RCr 11.42 motion that he received
ineffective assistance of counsel when his attorney failed to
investigate and interview certain witnesses.
Roland Gazaway, pro se, appeals from an
order of the Jefferson Circuit Court that denied his motion for
post-conviction relief pursuant to CR 1 60.02. We affirm.
In August 1997, Gazaway was indicted by a grand jury
on charges of capital murder, assault, and burglary. The
Commonwealth sought the death penalty. Following a four-day
trial, a jury found Gazaway guilty on all three counts of the
indictment.
Gerald Gibbins appeals from an order of the
Whitley Circuit Court denying his motion, pursuant to Kentucky
Rule of Civil Procedure (CR) 60.03, for relief from a judgment
that he is guilty of murder and first-degree robbery. Gibbins
argues that he has demonstrated sufficient evidence from which
the trial court could conclude that he was factually innocent of
the charges. Finding no error in the trial court’s decision to
deny relief without a hearing, we affirm.
Johnny Gibson was sentenced to forty
years’ imprisonment upon conviction of burglary, first degree,
and robbery, first degree. On March 27, 1997, the Kentucky
Supreme Court affirmed the conviction. On March 24, 1998, Gibson filed an RCr2 11.42 motion alleging that he was denied
effective assistance of counsel because trial counsel failed to
file a motion to recuse the trial judge, Judge Cletus Maricle,
based upon the judge’s personal relationship with the victim.
Anthony Wayne Gibson brings this appeal from a
Final Judgment and Sentence of Imprisonment entered on October
22, 2001, by the Kenton Circuit Court. Appellant entered a
conditional plea of guilty to the offense of failure to
comply/register as a sex offender.
Terry Gilbert, pro se, appeals the denial of his
petition for post-conviction relief pursuant to Rule of Criminal
Procedure (RCr) 11.42. We affirm.
Gilbert was indicted on March 7, 2002, by a McCracken
County Grand Jury. The indictment charged him with two counts
of trafficking in a controlled substance in the first degree
(methamphetamine), possession of drug paraphernalia in the first
degree, and carrying a concealed deadly weapon (brass knuckles).
Dennis Gilbert appeals from a March 19, 2003,
order of the Grayson Circuit Court, denying his motion to
withdraw his plea of guilty and to dismiss the indictment. We
affirm.
Appellant appeals from a judgment of the
Hardin Circuit Court sentencing her to nine years for conviction
on three counts of second degree criminal abuse. We affirm.
Calvin Lee Goddard appeals from an opinion
and order of the Fayette Circuit Court that denied his RCr2 11.42
motion to vacate, set aside, or correct sentence alleging
ineffective assistance of counsel in connection with his
conviction for first-degree trafficking in a controlled substance (cocaine) and being a persistent felony offender in
the first degree. Finding no error, we affirm.
Carlos Amaya Gomez appeals his conviction in the
Fayette Circuit Court for first-degree wanton endangerment1 under
a conditional guilty plea for which he received a one-year
sentence. Gomez’s conditional plea reserved the right to appeal
the circuit court’s denial of his motion to suppress the
incriminating statements because his limited comprehension of
English prevented his making an intelligent waiver of his
Carlos Amaya Gomez appeals his conviction in the
Fayette Circuit Court for first-degree wanton endangerment1 under
a conditional guilty plea for which he received a one-year
sentence. Gomez’s conditional plea reserved the right to appeal
the circuit court’s denial of his motion to suppress the
incriminating statements because his limited comprehension of
English prevented his making an intelligent waiver of his
Leonard Gray (hereinafter appellant) appeals
an order of the Christian Circuit Court denying his motion to
suppress cocaine evidence and his statement. Appellant entered
a conditional guilty plea to one count of possession of a
controlled substance in the first degree and one count of being
a persistent felony offender (PFO) in the first degree.
After being convicted for various felonies,
Charles Tommie Gray (“Gray”) appeals to this Court as a matter
of right seeking reversal. Gray insists the Fayette Circuit
Court committed numerous errors such as improperly polling the
jury; denying his trial counsel’s motion to withdraw due to an
actual conflict; denying his motion for directed verdict on the
charge of fleeing or evading; and overruling his objection to.
Anthony L. Green appeals from a judgment of
the Fayette Circuit Court wherein he was convicted of receiving
stolen property over $300 and of being a first-degree persistent
felony offender and was sentenced to ten years in prison. We
affirm.
George Gribbons brings this appeal from a
July 18, 2003, Order of the Casey Circuit Court. Gribbons was
convicted of wanton murder and sentenced to forty years’
imprisonment. The Kentucky Supreme Court affirmed his
conviction. Gribbons, subsequently, filed a Motion to Vacate
Judgment and Sentence based on claims of ineffective assistance
of counsel and judicial bias. He also filed a motion for an
evidentiary hearing and appointment of counsel. The circuit
court denied Gribbons’s motions. We affirm.
Shannon D. Griffith, pro se, has appealed from
orders of the Jefferson Circuit Court entered on December 30,
2002, and January 21, 2003, denying in part his motion for post-conviction
relief made pursuant to Ky. R. Civ. P. (CR) 60.02.
Jamie Danielle Grimm (Grimm) appeals her
conviction for one count of assault in the second degree;1
operating a motor vehicle while under the influence of substance
which impairs driving ability, first offense;2 and possession of marijuana,3 based on a plea which she tried to withdraw prior to
the entry of a final judgment. The trial court has the
discretion to allow a defendant to withdraw her guilty plea and
we believe the trial court did not abuse its discretion. Hence
we affirm.
In 1998 Eric Grundy was sentenced to thirty-five
years’ imprisonment for robbery, burglary, assault, and the
status offense of persistent felony offender in the first
degree. In 2000 the Kentucky Supreme Court affirmed Grundy’s
convictions on direct appeal. Grundy sought RCr 11.42 relief in
2001; the trial court denied Grundy’s motion in 2003.
Anthony Wayne Hawkins appeals from an order
of the Harlan Circuit Court that denied his motion for postconviction
relief pursuant to CR 60.02.1 We affirm.
On January 31, 2002, a Hardin County grand jury
returned an indictment charging Harry Gulyard, Jr. with theft by
unlawful taking,2 first degree fleeing or evading police,3
operating a motor vehicle while under the influence of alcohol,
fourth or subsequent offense,4 operating a motor vehicle on a suspended operator’s license,5 four counts of disregarding a stop
sign,6 reckless driving,7 two counts of disregarding a traffic
control device,8 first degree criminal mischief,9 and two counts
of first degree wanton endangerment.
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