2004 Unpublished Court of Appeals Opinions Index

Table of Cases
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Nance V Com,2003-CA-001824--Not To Be Published; Reversing and Remanding -- PDF

The Commonwealth of Kentucky has taken an interlocutory appeal pursuant to KRS 22A.020(4) from the Calloway Circuit Court’s August 13, 2004, order suppressing evidence against James T. Nance seized in a search of his vehicle on March 26, 2003, during a traffic stop. After reviewing the record and considering the parties’ briefs and relevant case law, we reverse and remand.

Neeley v. Com., 2003-CA-000287-- Not Published; Affirming -- PDF

On May 9, 1995, Neeley was indicted for murder in the shooting death of Philip Raunck. At trial, he claimed that he had acted in self defense.

Nelson v. Com., 2002-CA-001408-- Not Published; Affirming -- PDF

Rodney W. Nelson (hereinafter appellant) appeals the judgment of revocation of his probation by the Fulton Circuit Court. Although he made no challenge below, appellant complains that his revocation hearing did not comport with the minimum standards of due process.

Nesbitt V Com, 2003-CA-000559-MR-- Not To Be Published; 2003-CA-000855-MR Affirming -- PDF

David Nesbitt entered a conditional plea of guilty to four counts of trafficking in marijuana and one count of trafficking in marijuana while in possession of a firearm. He reserved for our review the issue of whether the Union Circuit Court erred in denying his motion to suppress the evidence against him. Finding no error, we affirm.

Norat v. Com., 2002-CA-002352 -- Not Published; Affirming -- PDF

On March 3, 2002, shortly after midnight, Lexington Police Officer Paul Damron stopped Seth Norat for using the left turn lane to pass two vehicles. Damron noticed the odor of alcohol on Norat’s person and in his vehicle, and administered field sobriety tests and a preliminary breath test (“PBT”) on Norat. Norat registered 0.109 on the PBT and failed four of five field tests.
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