2004 Unpublished Court of Appeals Opinions Index |
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Lacy V Com,2003-CA-001503--Not To Be Published;
Affirming -- PDF
Lamb v. Com., 2002-CA-001498-Not To Be Published;
Reversing -- PDF
Lambert v. Com., 2002-CA-001661-- Not Published;
Affirming -- PDF
Lane V Com, 2003-CA-002143--Not To Be Published;
Affirming -- PDF
Lang V Com, 2003-CA-001779--Not To Be Published;
Affirming -- PDF
Langston v. Com., 2002-CA-001712 -- Not Published;
Affirming -- PDF
Large V Com, 2003-CA-000587-MR-- Not To Be Published;
2003-CA-000855-MR Affirming -- PDF
Law v Com v Taylor v Com, /2003-CA-000115-- To Be Published;
Affirming -- PDF
Lawson v Com, 2003-CA-001971 --Not To Be Published;
Affirming-- PDF
Leap v. Com., 2002-CA-001542 -- Not Published;
Affirming in Part, Vacating in Part, and Remanding -- PDF
Lear v. Com., 2002-CA-002086 -- Not Published;
Affirming -- PDF
Lee v. Com., 2003-CA-000674-- Not Published;
Reversing and Remanding -- PDF
Lee V Com,2003-CA-002240- Not To Be Published;
Affirming -- PDF
Lemons V Com, 2003-CA-001717--Not To Be Published; Affirming -- PDF
Lindeman v. Com., 2002-CA-001676-- Not Published;
Affirming in Part Reversing In Part -- PDF
Lindsey v. Com., 2002-CA-001709 -- Not Published;
Affirming -- PDF
Link v. Com., 2001-CA-002653- Not Published;
Reversing and Remanding -- PDF Little v. Com., 2003-CA-000379-- Not Published;
Affirming -- PDF
Little v. Com., 2003-CA-000335-MR Not To Be Published;
Affirming -- PDF
Litton v. Com., 2002-CA-002589-- Not Published;
Affirming -- PDF
Lofton v. Com., 2002-CA-001550-- Not Published;
Affirming -- PDF
Lowe v Com, 2003-CA-001825-MR--Not To Be Published;
2003-CA-000855-MR Affirming -MR -- PDF
Lunsford V Com, 2003-CA-001103-MR-- Published;
2003-CA-000855-MR Affirming-MR -- PDF
Twelve years ago, an opinion of the Kentucky
Supreme Court held that the Bullitt Circuit Court did not abuse
its discretion when it denied Daniel Lacy’s motion to withdraw
his guilty plea upon his claim that the record failed to show
that he had made a voluntary and intelligent waiver of his right
to counsel. Now, in this appeal, Lacy attempts to use CR1 60.02
to collaterally attack the judgment by raising the same issue.
Stephen Lamb appeals from a judgment of the
Muhlenburg Circuit Court convicting him of manufacturing
methamphetamine and sentencing him to fifteen years’
imprisonment. Upon careful review of this case, we believe the
evidence presented to the jury at trial entitled Lamb to a
directed verdict under the Kentucky Supreme Court’s decision in
Kotila v. Commonwealth, Ky., 114 S.W.3d 226 (2003). We
therefore reverse the conviction.
This is an appeal from a judgment entered by
the Knox Circuit Court after a jury found appellant Tommy
Lambert guilty of being a convicted felon in possession of a
firearm. We affirm.
In January 2002, Lambert’s former stepfather reported
that a handgun had been stolen from him.
Steven K. Lane appeals from an order
entered by the Daviess Circuit Court denying his motion pursuant
to RCr1 11.42 to vacate his conviction. He argues that the trial
court erred in denying his claims of ineffective assistance of
trial counsel without conducting an evidentiary hearing. After
a careful review of the record, we affirm.
This is a pro se appeal from an order entered
by the Franklin Circuit Court dismissing appellant James Lang’s
pro se motion seeking a declaratory judgment. For the reasons
stated hereafter, we affirm.
Tommy D. Langston (“Langston”) appeals from
an order of the Webster Circuit Court denying his pro se motion
for RCr 60.02 relief. For the reasons stated herein, we affirm.
Glenn Edward Large appeals from a judgment of
conviction by the Hardin Circuit Court imposing a jury verdict
finding him guilty of trafficking in marijuana in or near a
school1 and being a persistent felony offender in the first
degree.2 On appeal, Large raises three allegations of error,
1 KRS 218A.1411. Trafficking in a controlled substance in or near a school is a class D felony.
This is an appeal from a judgment entered by
the Cumberland Circuit Court after a jury convicted appellant
Andre E. Law of ten counts of second-degree criminal possession
of a forged instrument. Appellant contends that the trial court
erred by failing to enter a directed verdict in his favor as to
each count. However, our review of the evidence as a whole
shows that it was not clearly unreasonable for the jury to find
appellant guilty of the charges. Hence, we affirm.
On May 7, 2003, a Grant County Grand Jury indicted
Henry K. Lawson on one count of manufacturing methamphetamine,
first offense.1 Thereafter, he filed a motion to suppress
evidence seized from his vehicle after it was stopped by the
police. The trial court held a suppression hearing on June 25,
2003, and denied the motion to suppress by written order entered June 27, 2003.
Ricky Leap appeals following his
convictions of assault in the fourth degree and wanton
endangerment in the first degree, enhanced by a finding that he
is a persistent felony offender in the first degree, resulting
in a sentence of ten years’ incarceration.
Demetrius Lear (hereinafter appellant) entered
a conditional guilty plea to charges of flagrant non-support and
being a persistent felony offender (PFO) in the second degree.
Appellant was sentenced to one year in prison, enhanced to five
years by the PFO charge. Appellant conditioned his guilty plea
on the right to challenge the Commonwealth’s amendment of the
indictment. We affirm.
Appellant Kenny Ray Lee appeals from a judgment
convicting him of trafficking in a controlled substance in the
first degree. We reverse the conviction due to admission of
evidence where the prejudicial effect of such evidence
outweighed its probative value.
Leroy Rockcorry Lee has appealed from the final
judgment and sentence of imprisonment entered by the Fayette
Circuit Court on October 7, 2003, which convicted him of
trafficking in a controlled substance in the first degree (crack
cocaine),1 and possession of prescription drugs not in a proper container.2 Having concluded that (1) the trial court did not
err in denying Lee’s motion for a directed verdict of acquittal;
(2) the Commonwealth did not improperly bolster the credibility
of a police informant who testified at trial; (3) the trial
court did not abuse its discretion by denying Lee’s motion to
strike for cause a juror who was employed as a police officer;
and (4) Lee received a fundamentally fair trial, we affirm.
Appellant, Donald Lemons (Lemons), appeals his
criminal conviction on 2 counts of Wanton Endangerment in the
First Degree, Criminal Mischief in the First Degree, Criminal
Possession of a Destructive Device, and 3 counts of violation of
Protective order. Lemons was found not guilty on a charge of
arson. Lemons asserts that the Jefferson Circuit Court
improperly excluded witness testimony and documentary evidence.
We affirm the court’s judgment.
Jeanette Lindeman and Clifton Machniak
appeal from the circuit court’s denial of their motions to
suppress evidence obtained as a result of a warrantless search.
The circuit court found that the police officers were lawfully
on the premises and the evidence lawfully seized.
Lindsey claims
that, for various reasons, trial counsel ineffectively
represented him in the criminal proceedings which resulted to
his conviction for robbery, wanton endangerment, and second-degree persistent felony offender. For the reasons stated
below, we affirm.
Gregory A. Link has appealed as a matter of
right from a final judgment and sentence of the Grant Circuit
Court entered on December 6, 2001. The trial court, following
the jury trial in which Link was found guilty of assault in the
first degree,1 followed the jury’s recommendation and sentenced
Link to 18 years in prison.
Roscoe Jarvis Little was convicted of wanton
murder for the battering death of four-year-old Terrance Shawn
Brown. On February 14, 1991, the Kentucky Supreme Court
affirmed Little’s conviction and sentence of life imprisonment.
Little then sought post-conviction relief pursuant to Kentucky
Rule of Criminal Procedure (RCr) 11.42.
Rodney L. Little appeals pro se from an
order of the Crittenden Circuit Court, entered on January 28,
2003, which amended his one-year sentence for third-degree rape
to run consecutively rather than concurrently with a prior
sentence. Little challenges the jurisdiction of the circuit court to enter the order and asserts that the amendment of his
sentence was barred by the terms of KRS 2 532.110(2). We affirm.
Kevin J. Litton appeals from order of the
Nelson Circuit Court denying his motion to have his sentences
run concurrently rather than consecutively.
William Lofton appeals from the denial of his
motion for relief pursuant to Kentucky Rules of Civil Procedure
(CR) 60.02. In that motion, Lofton challenges the effectiveness
of his appellate counsel following the affirmance of his
conviction and sentence by the Supreme Court of Kentucky.
Appellant, Lester Clifton Lowe (Lowe), appeals
the Taylor Circuit Court’s denial of his motion for expungement
of record pursuant to KRS 431.076. We affirm the trial court’s
ruling.
Lowe was indicted for murder in 1976. On September
22, 1976, Lowe was found not guilty after jury trial.In 1986
Lowe was tried and convicted of murder in an unrelated case.
The conviction in the 1986 case was affirmed on appeal.
Richard W. Lunsford has appealed from the final
judgment and sentence of imprisonment entered by the Fayette
Circuit Court on April 29, 2003, which convicted him of
possession of marijuana, while in possession of a firearm,1 and
possession of drug paraphernalia, second offense.2 Having
concluded that the trial court did not err in denying Lunsford’s
motions for a directed verdict of acquittal, we affirm.
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