2004 Unpublished Court of Appeals Opinions Index |
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Hagan V Com, /2003-CA-001701- Not To Be Published;
Reversing -- PDF
Hankins v. Com, 2003-CA-000116-MR -- Not Published;
Vacating and Remanding -- PDF
Hardy V Com, 2003-CA-000584 --To Be Published;
Affirming -- PDF
Harris v. Com., 2002-CA-002310- Not To Be Published;
Affirming -- PDF
Hartl v Com, 2002-CA-00232-MR--Not To Be Published;
Affirming -- PDF
Hatfield v Com, 2003-CA-001509 -- Not Published;
Vacating and Remanding -- PDF Hatcher v. Com., 2002-CA-002480-- Published;
Reversing and Remanding -- PDF
Hatton v. Com, 2002-CA-002630-MR-- Not Published;
Affirming -- PDF
Hatton v. Com, 2002-CA-001259 -- Not Published;
Affirming -- PDF
Hawkins V Com, 2003-CA-002759--Not To Be Published;
Reversing and Remanding -- PDF
Hayden v. Com., 2002-CA-001710-- Not Published;
Affirming -- PDF
Heard v Com, 2002-CA-002494-- Not To Be Published;
Affirming-- PDF
Helton V Com,2003-CA-001309--Not To Be Published;
Affirming -- PDF
Henderson v. Com.,2002-CA-001101 -- Not Published;
Affirming -- PDF
Henderson v. Com., 2002-CA-002099 -- Not Published;
Affirming -- PDF
Com. v. Henderson, 2002-CA-000460-- Not Published;
Dismissing -- PDF
Hensley V Com, 2003-CA-001381--Not To Be Published;
Affirming -- PDF
Henson v Com, 2002-CA-002570 -- Not To Be Published;
Affirming -- PDF Henson v Com, 2003-CA-001613 -- Not To Be Published;
Affirming -- PDF Herndon v Com, 2000-CA-002734- Not To Be Published;
Reversing and Remanding With Direction -- PDF
Hill v Com, 2003-CA-000496-MR--Not To Be Published;
Vacating and Remanding -- PDF Hillyard V Com, 2003-CA-000610-MR-- Not To Be Published;
2003-CA-000855-MR Affirming -- PDF
Hines V Com, 2003-CA-001307-MR--Not To Be Published;
2003-CA-000855-MR Affirming -MR -- PDF
Hines v Com, 2003-CA-001456 -- Not To Be Published;
Affirming -- PDF Holbrook v. Com., 2001-CA-000240 Not To Be Published;
Affirming -- PDF Holbrook v. Com, 2003-CA-000383-MR--Not To Be Published;
Reversing -- PDF
Hollifield v. Com., 2003-CA-000212-- Not Published;
Affirming -- PDF
Hopkins v Com, 2004-CA-000195 -- Not Published;
Affirming -- PDF Hosley v Com, 2003-CA-000018 -- Not To Be Published;
Affirming -- PDF Hood v. Com., 2001-CA-001520 Not To Be Published;
Affirming -- PDF Horton v. Com., 2003-CA-000688-- Not Published;
Affirming -- PDF
Houchins V Com, 2004-CA-000004--Not To Be Published;
Affirming -- PDF
Howard v. Com., 2002-CA-002189 -- Not Published;
Affirming -- PDF
Houston v. Com., 2003-CA-000206 Not Published;
Affirming -- PDF Howard v. Com, 2002-CA-001960-MR-- Not Published;
Affirming -- PDF
Hubbard V Com, 2003-CA-000284-- To Be Published;
Reversing and Remanding -- PDF
Huff V Com, 2003-CA-000726-MR-- Not Published;
2003-CA-000855-MR Affirming-MR -- PDF
Humphrey v. Com., 2003-CA-000906-MR &2003-CA-001112 To Be Published;
Vacating and Remanding In Part, Affirming In Part -- PDF
Hutchins v. Com., 2002-CA-001039 Not Published;
Affirming -- PDF Hutchins v. Com., 2002-CA-001039 Not Published;
Affirming -- PDF Appellant Lisa D. Hagan was convicted pursuant
to a conditional guilty plea of possession of a controlled
substance, methamphetamine, possession of drug paraphernalia,
second offense, and two counts of endangering the welfare of a
minor. Her plea was conditioned on a right to appeal the denial
of her motion to suppress evidence. She attacked the validity
of the search warrant which was issued to search her residence.
The circuit court declined to suppress the evidence after finding the search warrant was supported by probable cause. The
court also found no bad faith on the part of the arresting
officer.
Jeffrey Hankins has appealed from a final
judgment and sentence of the Todd Circuit Court entered on
August 29, 2002, which, following Hankins’s conditional pleas of
guilty to possession of marijuana under eight ounces,1 possession
of drug paraphernalia, second offense,2 operating a motor vehicle on a suspended license,3 and operating a motor vehicle without
insurance,4 sentenced Hankins to three years’ imprisonment in
accordance with the Commonwealth’s recommendations.
Edward Lamont Hardy has appealed from a final
judgment and sentence of the Fayette Circuit Court entered on
February 24, 2003, which, following Hardy’s conditional plea of
guilty to trafficking in a controlled substance in the first
degree,1 sentenced him to five years’ imprisonment in accordance
with the Commonwealth’s recommendation. Having concluded that
the trial court did not err by denying Hardy’s motion to
suppress evidence, we affirm.
The sole question in this appeal is
whether the trial court erred in denying appellant’s motion for
RCr2 11.42 relief without appointing counsel or conducting an
evidentiary hearing. Because we are convinced that allegations
advanced in appellant’s post-conviction motion are conclusively refuted by the record, we affirm the denial of relief in this
case.
Joey Hart (Hart) appeals pro se from an order
of the McCracken Circuit Court denying his motion to vacate his
sentence pursuant to the Kentucky Rules of Criminal Procedure
(RCr) 11.42. We affirm..
Teko Hatfield appeals an order of the Jefferson Circuit Court which summarily denied his motion to vacate his sentence pursuant to RCr1 11.42. He claims that his allegations of ineffective assistance of trial counsel cannot be resolved on the face of the record. After our review of the record, we agree. Therefore, we vacate and remand this matter for an evidentiary hearing. Fraser v. Commonwealth, Ky., 59 S.W.3d 448, 452 (2001).
Dedra Hatcher appeals following a conditional
plea of guilty to the charge of possession of drug
paraphernalia, entered pursuant to Kentucky Rules of Criminal
Procedure (RCr) 8.09, prompted by the circuit court’s denial of
her motion to suppress a pipe found during a warrantless search
of her home.
Robbie L. Clark has appealed from a final
judgment of the Marshall Circuit Court entered on December 18,
2002, which sentenced him to five-years’ imprisonment. Clark
had entered conditional guilty pleas to charges of failing to
register as a sex offender and of being a persistent felony
offender in the second degree (PFO II).
Shawn Hatton appeals from the judgment of the
Montgomery Circuit Court convicting him of second-degree arson
and sentencing him to twelve years’ imprisonment. The sole
issue before this Court is whether Hatton was entitled to a
lesser-included instruction or alternative instructions on the
wanton criminal mischief charge.
In June 2001, Brian Hawkins received a five
year probated sentence from the Warren Circuit Court. This
probated sentence was revoked in August 2002 because of a felony
conviction in Hart County, and it was ordered to run
consecutively with the Hart County sentence. We must decide
whether the Warren Circuit Court later possessed jurisdiction to
amend its August 2002 judgment to delete the requirement that
the sentences be served consecutively. As we hold that it did not, we reverse and remand the order of the Warren Circuit
Court.
On September 11, 1997, Hayden was indicted on charges
of first-degree rape, two counts of first-degree sodomy,
kidnapping, fourth-degree assault, and violation of a protective
order. The alleged victim was his estranged wife.
Marquis Heard appeals from the final
judgment of the Fayette Circuit Court which convicted him of
first-degree criminal trespass and second-degree assault. Heard
argues that the trial court made several errors during his
trial: the admission of hearsay testimony, the failure to give
an instruction on extreme emotional distress, and the denial of
his motion for a mistrial.
This is an appeal from an order denying
appellant’s RCr 11.42 motion alleging ineffective assistance of
counsel in failing to investigate and interview certain
witnesses regarding the testimony of one of the Commonwealth’s
witnesses, a jailhouse snitch. From our review of the record,appellant’s trial counsel adequately investigated the potential
impeachment of the witness and did, in fact, attempt to so
impeach the witness at trial. Hence, there was no ineffective
assistance of counsel.
Joyce Henderson has appealed from a judgment of
conviction and sentence entered by the McCracken Circuit Court
on May 2, 2002, convicting her of theft by deception over
$300.001 for failing to report income increases to the Paducah
Housing Authority. Having concluded that the circuit court did
not err by refusing to accept her guilty plea to a lesser
offense and by denying her motion for a directed verdict of
acquittal, we affirm.
Aldean Henderson, Jr. (hereinafter
“Henderson”) appeals pro se from the order of the Jefferson
Circuit Court denying his CR 60.02(f) motion. 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.
Appellant, Tommy Jeff Hensley (Hensley), was
indicted on the charges of possession of a controlled substance
in the first degree and persistent felony offender in the first
degree. Defense counsel requested suppression of the evidence
claiming that the stop of Hensley’s vehicle was in violation of
law. The trial court denied the motion to suppress. We affirm
the ruling of the Campbell Circuit Court.
Christopher Henson (Henson) appeals the
revocation of probation on a contempt conviction.2 Finding no
abuse of discretion, we affirm.
Christopher Henson appeals the denial of
relief from the imposition of a guardian ad litem fee imposed as
a condition of criminal abuse under KRS 510.140. We believe the
question at this point is not the validity of the condition but whether the appellant is indigent at the time conditional
discharge is revoked. Since the circuit judge did not revoke
his conditional discharge, we affirm.
A male teacher at a day care was targeted as a
child abuser by an inexperienced and unqualified detective.
Without any physical evidence, eyewitnesses, or corroborative
evidence, the detective went so far as to manufacture evidence to ensure a conviction. The teacher was convicted of one count
of first-degree sexual abuse2 (a class D felony) and four counts
of (non-sexual) third-degree criminal abuse3 (class A
misdemeanors). The felony conviction was built on a foundation
of incompetent, unreliable, and even manufactured evidence, and,
thus, cannot stand. The record includes a videotape of all four
misdemeanor incidents, which exonerates the appellant.
Robert Hill appeals from an order of the
Henderson Circuit Court revoking his probated sentence and
remanding him to custody to serve the remainder of a twelvemonth
sentence on charges of criminal coercion and operating a
motor vehicle while his license was suspended for driving under
the influence. At issue is Hill’s contention that the trial
court erred in revoking his probation. Murphy v. Commonwealth,
Ky. App., 551 S.W.2d 838 (1977), outlines the due process rights
afforded to a person on probation.
Donnie Hillyard appeals from an order of the
Union Circuit Court, entered on April 24, 2002, denying his CR
60.02 motion. We affirm.
Hillyard was indicted in 1978 at the age of seventeen
for murder, kidnapping, and first-degree rape.
Reginald Hines appeals from a judgment of the
Ballard Circuit Court wherein he entered a conditional guilty
plea to the charges of first-degree trafficking in a controlled
substance (cocaine) and trafficking in marijuana, first offense,
and was sentenced to five years in prison. The sole issue
before this court relates to the trial court’s denial of Hines’s motion to suppress evidence. We affirm.
On January 28, 2001, a scuffle between two
neighboring business owners escalated into a knife fight.
Robbin Linn Hines was charged with stabbing Jim Leach multiple
times. Hines was tried and convicted of assault in the first
degree and carrying a concealed deadly weapon. He was sentenced
to a total of ten years’ imprisonment. Hines appeals making
three arguments. We affirm.
A Perry County Circuit jury found Appellant,
Dickie Holbrook (Holbrook), guilty of flagrant nonsupport and
fixed his punishment at a prison sentence of 3 ½ years. At
final sentencing, the trial court imposed judgment in accordance
with the jury’s verdict. This is a matter-of-right appeal in which Holbrook raises a number of issues for our review.
Finding no error, we affirm.
In December 1988, David Crate Holbrook
was indicted for murder as a result of the death of Lee Watson.
He was also charged as a persistent felony offender. His first
trial resulted in a conviction for murder and he was sentenced to forty-five years’ imprisonment. The Kentucky Supreme Court
reversed, and remanded the case for a new trial.2 He was again
tried in August 1992, and convicted of manslaughter, second
degree, and persistent felony offender, second degree.
Michael Charles Hollifield appeals from a
judgment and probated sentence of twelve months’ imprisonment,
and a fine of $100.00 entered by the Fayette Circuit Court
pursuant to a jury verdict finding him guilty of Wanton
Endangerment, Second Degree. We affirm.
Ronald R. Hopkins, pro se, appeals from an
order of the Campbell Circuit Court overruling his motion to
amend a presentence investigation report (PSI). Hopkins
contends that the trial court erred by failing to amend the PSI,
that the Commonwealth waived its opportunity to object to
Hopkins’ version of the underlying events when it failed to
reply to his counsel’s comments during the sentencing hearing,
and that he was afforded ineffective assistance of counsel. find no merit to any of Hopkins’ contentions and for this reason
we affirm the Campbell Circuit Court order overruling his
motion.
Roger Lee Holsey appeals the denial of his
RCr 11.42 motion for relief from the judgment of conviction and
sentence. He alleges ineffective assistance of counsel at trial
for failing to object to jury instructions that allowed the jury
to convict under a complicity theory and for failing to pursue a
theory that he was the victim of discriminatory prosecution. He
also claims an abuse of discretion by the trial court for
imposing consecutive, rather than concurrent, ten-year sentences as recommended by the jury. Finding no merit in any of these
arguments, we affirm the trial court’s orders denying relief.
Herbert Hood brings this appeal from a November
20, 2000, judgment of the Whitley Circuit Court. We affirm.
On October 28, 1998, appellee, along with two
accomplices, Edward Clark and Andy Potter, allegedly burglarized
a warehouse in Corbin, Kentucky and stole four big screen
televisions. The televisions were later recovered on the
premises of appellee’s aunt.
Damar A. Horton appeals from an opinion and
order of the Jefferson Circuit Court denying his motions to
vacate, set aside or correct a sentence pursuant to RCr 11.42
and to modify the judgment pursuant to CR 60.02(f). We affirm.
Darin Houchins, pro se, appeals from an order of
the Henderson Circuit Court entered December 5, 2003, denying
his motions to vacate sentence under Rule of Criminal Procedure
(RCr) 11.42, for appointment of counsel, and for an evidentiary
hearing. We affirm.
On March 24, 2000, appellant was arrested on the
charge of second degree assault. He was subsequently indicted
by the Campbell County Grand Jury upon the same charge on April
20, 2000 (Action No. 2000-CR-00118).
Matthew Kenny Houston appeals from the January
9, 2003, Opinion and Order of the Fayette Circuit Court. We
affirm.
Appellant was convicted of assault in the second
degree (Kentucky Revised Statutes (KRS) 508.020) and with being
a persistent felony offender in the first degree (KRS 532.080).
Joshua Howard, Paul David Howard and
John D. (Doug) Howard were convicted on three counts of bribery
of a public official. They appeal alleging that: (1) the trial
court improperly limited time to present their defense; (2) a
prosecution witness provided false testimony to the jury; (3)
the jury instruction on conspiracy did not require the jury to
find all elements beyond a reasonable doubt; (4) the trial court erred when it permitted the Commonwealth to define legal terms
to the jury; (5) racial remarks made by them on tapes introduced
by the Commonwealth should have been deleted; and (6) the trial
court erroneously denied their motions for directed verdicts.
We affirm.
Glen F. Hubbard appeals from the portion of
a final judgment of the Campbell Circuit Court convicting him of
operating a motor vehicle on a DUI-suspended license, second
offense, while under the influence of intoxicants, in violation
of KRS1 189A.090(2)(b). We reverse and remand.
On April 2, 2002, Kentucky State Police Trooper
Shannon Jones observed someone driving an all terrain vehicle
(ATV) on U. S. 460, an activity prohibited on federal roads.
Trooper Jones gave chase, but the driver of the ATV left the
paved roadway and began to drive creek beds. Jones kept up as
long as he could but eventually lost sight of the driver. He
stopped at a nearby house, where the occupant informed the
policeman that she thought the driver she observed was
appellant, Billy Ray Huff.
Victor Lamont Humphrey (Humphrey) appeals from
an order of the Jefferson Circuit Court denying his motion under
RCr 11.42 seeking to vacate an earlier judgment of the Jefferson
Circuit Court sentencing him to a total of 10 years in prison
for two counts of complicity to commit second-degree arson.
Humphrey was a juvenile at the time the offenses were committed.
Appellant seeks relief from an order of the
Hopkins Circuit Court which denied his “Motion to File Belated
RCr 11.42 Motion.” The order disposing of the matter, which
forms the basis of this appeal, fails to address the motion as
one to file a belated RCr 11.42 motion, but rather as one
disposing upon the merits.
Appellant seeks relief from an order of the
Hopkins Circuit Court which denied his “Motion to File Belated
RCr 11.42 Motion.” The order disposing of the matter, which
forms the basis of this appeal, fails to address the motion as
one to file a belated RCr 11.42 motion, but rather as one
disposing upon the merits.
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