2004 Unpublished Court of Appeals Opinions Index

Table of Cases
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Lacy V Com,2003-CA-001503--Not To Be Published; Affirming -- PDF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.

Lamb v. Com., 2002-CA-001498-Not To Be Published; Reversing -- PDF

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.

Lambert v. Com., 2002-CA-001661-- Not Published; Affirming -- PDF

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.

Lane V Com, 2003-CA-002143--Not To Be Published; Affirming -- PDF

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.

Lang V Com, 2003-CA-001779--Not To Be Published; Affirming -- PDF

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.

Langston v. Com., 2002-CA-001712 -- Not Published; Affirming -- PDF

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.

Large V Com, 2003-CA-000587-MR-- Not To Be Published; 2003-CA-000855-MR Affirming -- PDF

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.

Law v Com v Taylor v Com, /2003-CA-000115-- To Be Published; Affirming -- PDF

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.

Lawson v Com, 2003-CA-001971 --Not To Be Published; Affirming-- PDF

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.

Leap v. Com., 2002-CA-001542 -- Not Published; Affirming in Part, Vacating in Part, and Remanding -- PDF

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.

Lear v. Com., 2002-CA-002086 -- Not Published; Affirming -- PDF

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.

Lee v. Com., 2003-CA-000674-- Not Published; Reversing and Remanding -- PDF

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.

Lee V Com,2003-CA-002240- Not To Be Published; Affirming -- PDF

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.

Lemons V Com, 2003-CA-001717--Not To Be Published; Affirming -- PDF

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.

Lindeman v. Com., 2002-CA-001676-- Not Published; Affirming in Part Reversing In Part -- PDF

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 v. Com., 2002-CA-001709 -- Not Published; Affirming -- PDF

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.

Link v. Com., 2001-CA-002653- Not Published; Reversing and Remanding -- PDF

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.

Little v. Com., 2003-CA-000379-- Not Published; Affirming -- PDF

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.

Little v. Com., 2003-CA-000335-MR Not To Be Published; Affirming -- PDF

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.

Litton v. Com., 2002-CA-002589-- Not Published; Affirming -- PDF

Kevin J. Litton appeals from order of the Nelson Circuit Court denying his motion to have his sentences run concurrently rather than consecutively.

Lofton v. Com., 2002-CA-001550-- Not Published; Affirming -- PDF

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.

Lowe v Com, 2003-CA-001825-MR--Not To Be Published; 2003-CA-000855-MR Affirming -MR -- PDF

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.

Lunsford V Com, 2003-CA-001103-MR-- Published; 2003-CA-000855-MR Affirming-MR -- PDF

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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