2004 Unpublished Court of Appeals Opinions Index

Table of Cases
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Kannamore v. Com., 2002-CA-001416 -- Not Published; Affirming -- PDF

As a result of an indictment by a Jefferson County grand jury, on March 29, 1994, Kannamore pled guilty to murder, first-degree wanton endangerment, and second-degree assault. He was sentenced to life in prison.

Kennedy v. Com., 2002-CA-000332 -- Not Published; Affirming -- PDF

Norman Kennedy appeals from a judgment of the Trigg Circuit Court convicting him of assault in the first degree but mentally ill and sentencing him to fourteen-years’ imprisonment. Kennedy argues that he was deprived of a fair trial because of comments by the Commonwealth concerning his silence after having been advised of his right to remain silent.

Kidd v Com, 2003-CA-000439-- Affirming -- PDF

Nicholas Kidd (the appellant) has sought discretionary review of an opinion of the Barren Circuit Court, which reversed a judgment notwithstanding the verdict (JNOV) entered by the Barren District Court.Kidd was arrested and charged with driving under the influence of marijuana (DUI), a violation of KRS1 189A.010(1)(c). After a jury found him guilty of the charge, Kidd persuaded the district court that the verdict was not supported by sufficient

Kidd V Com, 2003-CA-000439--Not To Be Published; Affirming -- PDF

Nicholas Kidd (the appellant) has sought discretionary review of an opinion of the Barren Circuit Court, which reversed a judgment notwithstanding the verdict (JNOV) entered by the Barren District Court.

King v. Com., 2002-CA-002412 Not Published; Affirming -- PDF

This is an appeal from a judgment in which appellant was convicted of first-degree assault for stabbing the victim in a dispute over the shooting of appellant’s dog. Appellant argues that the prosecution improperly displayed the knife used in the crime during closing argument and that the victim was erroneously allowed to testify that he was attending a relatives’ funeral prior to the incident.

King v. Com, 2002-CA-000516-MR--Not To Be Published; Affirming -- PDF

Barry King appeals from the judgment of the Calloway Circuit Court, finding him guilty of possession of a controlled substance in the first degree (cocaine) and of being a persistent felony offender in the second degree, for which his sentence was enhanced to ten years' imprisonment.

Kirby v. Com., 2003-CA-000406 -- Published; Vacating and Remanding -- PDF

Timothy Kirby appeals the denial by the circuit court of his motion under Kentucky Revised Statutes (KRS) 439.3402 to be considered a victim of domestic violence and, therefore, exempt from the severe limitations on parole eligibility contained within KRS 439.3401.

Kirk v. Com, 2001-CA-001843-MR-- Not Published; Affirming -- PDF

On September 8, 1978, Appellant was initially indicted by the Boyd County Grand Jury and charged with murder. That indictment was dismissed in 1979 due to Appellant’s incompetence to stand trial. The present appeals,2001-CA-001843- MR, to be heard with 2001-CA-002611-MR, are predicated upon a reindictment for the same offense on April 14, 1997.

Kopp v. Com, 2002-CA-001629-MR-- Not Published; Vacating and Remanding -- PDF

James Kopp appeals from a judgment and sentence on a plea of guilty whereby he was sentenced to two years’ imprisonment after allegedly failing to abide by the conditions of a deferred sentencing agreement. The Commonwealth moved to impose sentence on Kopp due to his alleged commission of a new alcohol related offense.

Krause V Com, /2003-CA-002092- Not To Be Published; Affirming -- PDF

Fredrick Krause III appeals from an order of the McCracken Circuit Court denying his motion to suppress evidence seized from his residence without a search warrant. At issue is whether an officer who uses a ruse can obtain valid consent to search, thus negating the requirement of a search warrant. We find that the search did not violate Krause’s rights to be free from unreasonable search and seizure because the officer’s deception as to the intent of the search did not coerce Krause or his roommate, Joe Yamada, into giving consent to search.
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