2004 Unpublished Court of Appeals Opinions Index |
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Nance V Com,2003-CA-001824--Not To Be Published;
Reversing and Remanding -- PDF
Neeley v. Com., 2003-CA-000287-- Not Published;
Affirming -- PDF
Nelson v. Com., 2002-CA-001408-- Not Published;
Affirming -- PDF
Nesbitt V Com, 2003-CA-000559-MR-- Not To Be Published;
2003-CA-000855-MR Affirming -- PDF
Norat v. Com., 2002-CA-002352 -- Not Published;
Affirming -- 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.
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.
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.
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.
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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