Lauro E. Salinas appeals from a judgment of the Henderson Circuit Court wherein he was convicted of trafficking in a controlled substance within 1,000 yards of a school and possession of drug paraphernalia and was sentenced to three years in prison.
Sanders V Com, 2003-CA-000427-MR-- Not Published;
2003-CA-000855-MR Affirming-MR -- PDF
Sanders V Com, 2003-CA-001682-MR-- Not Published;
2003-CA-000855-MR Affirming -MR -- PDF
Sawyer v. Com., 2003-CA-000208 -- Not Published;
Affirming -- PDF
Scalf v. Com., 2003-CA-001275-- Not Published;
Vacating and Remanding -- PDF
Scalf v. Com., 2002-CA-001076-- Not Published;
Affirming -- PDF
Scruggs v. Com, 2002-CA-002312-MR -- Not Published;
Affirming -- PDF
Searight v. Com, 2003-CA-001885 --Not To Be Published;
Affirming -- PDF
Sears v Com, 2003-CA-001006-- Not To Be Published;
Reversing and Remanding -- PDF
Shannon V Com, 2003-CA-001678-MR-- Not Published;
2003-CA-000855-MR Affirming -- PDF
Shannon V Com, 2003-CA-000838-MR-- Not Published;
2003-CA-000855-MR Affirming-MR -- PDF
Sheffy v Com, 2003-CA-001186-MR--Not To Be Published;
Affirming -- PDF
Sherrard V Com,2003-CA-0025422-Not To Be Published;
Affirming -- PDF
Shields V Com, 2003-CA-000586-MR &2003-CA-001112 Not To Be Published;
Affirming -- PDF
Shipman v Com, 2002-CA-002634-MR--Not To Be Published;
Affirming -- PDF -
Shipman V Com, 2003-CA-001669--Not To Be Published;
Affirming -- PDF
Shores v. Com., 2003-CA-000515 -- Not Published;
Affirming -- PDF
Simmons v. Com., 2002-CA-002234- Not Published;
Affirming -- PDF
Simmons V Com, 2003-CA-001204--Not To Be Published;
Reversing -- PDF
Simpson v. Com., 2002-CA-000119-- Not Published;
Affirming -- PDF
Sizemore v Com, 2003-CA-000068 -- Not To Be Published;
Affirming-- PDF
Slaughter v. Com., 2003-CA-000256 & 2003-CA-000257-- Published;
Affirming -- PDF
Sloan v. Com., 2002-CA-000218-- Not Published;
Affirming -- PDF
Smiddy v. Com., 2003-CA-000280-- Not Published;
Affirming -- PDF
Smith v. Com., 2002-CA-002566 -- Not Published;
Affirming -- PDF
Smith v. Com., 2002-CA-002460-- Not Published;
Affirming -- PDF
Smith V Com, 2003-CA-000473-MR-- Not Published;
2003-CA-000855-MR Affirming -- PDF
Smith v Com., 2003-CA-000480-MR -- Not Published;
Affirming -- PDF
Smith v. Com, 2003-CA-000214 -- To Be Published;
Affirming -- PDF
Smith V Com, /2003-CA-001089--Not To Be Published;
Affirming -- PDF
Smith V Com, 2003-CA-001749--Not To Be Published; Affirming -- PDF
Smith v Com, 2003-CA-001430-MR--Not To Be Published; Reversing and Remanding -- PDF
Sneed v Com., 2003-CA-001357-MR -- Not Published;
Affirming --- PDF
Sneiderman v. Com, 2002-CA-001595-MR-- Published;
Affirming -- PDF
Solomon v. Com., 2002-CA-001791 and 2002-CA-001792 -- Not Published;
Affirming -- PDF
Solomon v. Com, 2001-CA-001260-MR-- Not Published;
Affirming -- PDF
Sowder v. Com, 2003-CA-001123 --Not To Be Published;
Affirming -- PDF
Sowell V Com, 2003-CA-000360 --Not To Be Published;
Affirming -- PDF
Springer V Com, 2003-CA-001392-MR-- Not Published;
2003-CA-000855-MR Affirming -- PDF
Stacey v. Com., 2003-CA-001343-MR-- Not Published;
Vacating and Remanding In Appeal NO. 2003-CA-001343-MR AND
AFFIRMING IN APPEAL NO. 2003-CA-001765-MR -- PDF
Stacy v. Com., 2002-CA-001964 -- Not Published;
Affirming -- PDF
Stewart v Com., 2003-CA-000181-MR -- Not Published;
Affirming -- PDF
Stinnett v. Com., 2003-CA-000046-- Not Published;
Affirming -- PDF
Story V Com, /2003-CA-002112-MR Not To Be Published; Affirming -- PDF
Sturgill v. Com., 2003-CA-000884-- Not Published;
Affirming -- PDF
Suleski v. Com., 2001-CA-000457 Not Published;
Affirming -- PDF Thomas Carrol Sanders (hereinafter Appellant)
appeals from an order of the Jefferson Circuit Court denying his
motion pursuant to CR 60.02(e) and (f). We affirm.
Appellant entered a voluntary plea to seven (7) counts
of Robbery in the first degree and an open plea to the remaining
count of Robbery and the amended charge of Unlawful Imprisonment
in the Jefferson Circuit Court on October 12, 1993.
Michael F. Sanders brings this appeal from a
June 22, 2003, judgment of the Fayette Circuit Court. We
affirm.
Appellant was indicted by the Fayette County Grand
Jury upon the felony offenses of theft by unlawful taking over
$300.00 and for being a persistent felony offender in the first
degree. Appellant also was indicted upon the misdemeanor
offenses of fleeing and evading the police, second degree, and
of giving an officer a false name or address.
Tony Sawyer appeals from the January 24, 2003,
judgment of the Warren Circuit Court. We affirm.
On March 27, 2002, appellant was indicted on one count
of tampering with physical evidence (Kentucky Revised Statutes
(KRS) 524.100). A jury trial ensued, and on December 18, 2002,
a jury found appellant guilty as charged.
Frankie Scalf appeals from an order of the
Kenton Circuit Court denying his CR 1 60.02 motion to vacate or
set aside his conviction and sentence of twenty years in prison
for first-degree arson. We affirm.
Frankie Scalf appeals from an order of the
Kenton Circuit Court denying his RCr 1 11.42 motion to vacate his
conviction and sentence of twenty years in prison for the crime
of first-degree arson. We affirm.
John Lemonte Scruggs has appealed from a final
judgment and sentence of the Owen Circuit Court entered on
October 14, 2002, which, following Scruggs’s conviction for
trafficking in a controlled substance in the first degree,1
sentenced Scruggs to five years’ imprisonment in accordance with
the jury’s recommendation. Having concluded that all of
Scruggs’s claims of error are without merit, we affirm.
Terry Edward Searight (Searight) appeals his conviction for receiving stolen property over $300;
fleeing/evading police, second degree; possession of drug
paraphernalia; and persistent felony offender, first degree, on
a conditional plea reserving the right to appeal the trial
court’s denial of a motion in limine..
This is an appeal from a judgment pursuant to
a conditional guilty plea convicting a dentist of three counts
of illegally prescribing controlled substances. Appellant’s
sole argument is that he was unlawfully charged in the
indictment because, as a licensed and practicing dentist, he
could not be charged with simply violating KRS 218A.1404(3). We
agree that appellant could not be charged with violating KRS
218A.1404(3). Hence, we reverse the judgment of conviction and remand the matter for further proceedings consistent with this
opinion.
In 1976, during the course of a burglary, Reike
L. Shannon fatally stabbed Earl Bryant and Trixie McDonald. The
following year an indictment was returned charging Shannon with
two counts of capital murder. As the result of a plea bargain,
Shannon received two life sentences for the deaths of Bryant and
McDonald. Although the sentences were originally run
consecutively, in 1981 they were amended to run “concurrently
for a total term of one life sentence.”
Mark A. Shannon (hereinafter appellant)
appeals from an opinion and order of the Simpson Circuit Court
denying his motion for relief from his judgment of conviction
pursuant to CR 60.02. We affirm.
David Sheffey challenges his conviction for
trafficking in a controlled substance, on the grounds that there
was insufficient evidence to support the verdict of the jury,
and that a police officer improperly testified about events of
which he lacked personal knowledge, thereby bolstering the
credibility of the chief prosecution witness. We affirm.
David Sherrard appeals, pro se, from an order
of the Hardin Circuit Court denying his motion to vacate
judgment against him pursuant to Kentucky Rule of Criminal
Procedure (RCr) 11.42. Sherrard was convicted of complicity to
commit marijuana cultivation while in possession of a firearm,
complicity to commit marijuana possession while in possession of
a firearm, and complicity to commit possession of drug
paraphernalia while in possession of a firearm and sentenced to
sixteen years’ imprisonment..
This is an appeal from a judgment entered by
the Harlan Circuit Court after a jury found appellant Robert W.
Shields guilty of trafficking in controlled substances in the
first, second, and third degrees, and trafficking in less than
eight ounces of marijuana. Appellant alleges that the trial
court erred by instructing the jury on misdemeanor penalties
during the guilt phase of the trial, and that the prosecutor’s
Delbert Gerald Shipman brings this appeal from
an order of the Fayette Circuit Court denying his motion for
post-conviction relief pursuant to RCr1 11.42. We affirm.
In 1997, the Fayette County Grand Jury returned an
indictment charging Shipman with murder,2 first-degree arson,3
and third-degree burglary.4 The charges were brought in connection with the death of a firefighter who died while
combating a house fire set by Shipman. Following a jury trial,
Shipman was found guilty of reckless homicide.5 Shipman was
sentenced to a total of twenty-five years to serve. On direct
appeal, the Supreme Court affirmed Shipman’s convictions and
sentence.
William Thomas Shipman entered a
conditional plea of guilty to receiving stolen property,
reserving the right to appeal the denial of his motion to
suppress the evidence against him. Because the record of the
hearing on the suppression motion contains sufficient evidence
to support the trial court’s ruling, we affirm.
Myrana Shores appeals from a January 14, 2003,
jury verdict from the Whitley Circuit Court that convicted her
of possession of a controlled substance in the first degree.
On appeal, Shores argues that the evidence presented
by the Commonwealth was not sufficient to support her
conviction.
This is an appeal from a judgment entered by
the Graves Circuit Court after a jury returned a verdict finding
appellant guilty of the charge of possession of a handgun by a
convicted felon.
This is an appeal from a judgment convicting
appellant of complicity to receiving stolen property over $300.
Appellant argues there was insufficient evidence to sustain the
conviction. Upon review of the record we agree there was
insufficient evidence and therefore reverse the conviction.
Justin Simpson appeals from a judgment of the
Henderson Circuit Court convicting him of trafficking in a
controlled substance in the first degree and sentencing him to
five years’ imprisonment.
On March 23, 2001, the Hart Circuit Court
accepted appellants’ guilty plea to manslaughter in the
second-degree. On June 6, 2001, in accordance with the
Commonwealth’s recommendation, the court entered a final
judgment sentencing appellant to ten years, directing her to
serve eighteen months, with the balance of the sentence probated
James A. Slaughter appeals from two judgments of
the Jefferson Circuit Court that denied his post-conviction
motions. On September 16, 2002, the circuit court denied
Slaughter’s motion to alter, amend, or vacate, filed pursuant to
RCr 11.42. The circuit court, on January 14, 2003, also denied
Slaughter’s motion to reconsider the denial of his RCr 11.42
motion. We affirm.
Monnie Sloan appeals from a judgment of the
Fleming Circuit Court, entered January 15, 2002, convicting her
pursuant to her guilty plea of felonious theft by unlawful
taking 1 and sentencing her to five years’ imprisonment probated
for five years.
Smiddy’s home was searched pursuant to a search
warrant on May 23, 2002. The affidavit for the search warrant
detailed three sources from whom the investigating officer
received information.
Randy Smith appeals from the judgment of the
Monroe Circuit Court, in which a jury found Smith guilty of
three counts of wanton endangerment in the first degree and for
which he was sentenced to one year in prison on each count, to
be served concurrently.
Appellant Charles D. Smith appeals his
conviction in the Boyd Circuit Court for one count of criminal
possession of a forged instrument in the second degree and one
count of being a persistent felony offender in the first degree.
Appellant was sentenced to eighteen years’ imprisonment.
Keith Smith (Keith) appeals from a January 28,
2003, opinion and order of the Jefferson Circuit Court that
denied Keith’s motion to alter, amend or vacate his conviction,
pursuant to RCr 11.42. Keith argues that the Jefferson Circuit
Court should not have accepted his guilty plea regarding
criminal facilitation to murder, criminal facilitation to
criminal syndication, and criminal facilitation to trafficking in a controlled substance in the first degree because of
insufficient evidence.
Charles Smith appeals following his conditional
plea of guilty to charges of possession of cocaine, possession
of marijuana, and possession of drug paraphernalia. Smith was a
passenger in a vehicle in which the driver was stopped for a
traffic violation.
This court granted discretionary review of an
order from the Garrard Circuit Court affirming the Garrard
District Court’s judgment after a jury found John Smith guilty
of driving under the influence (DUI), pursuant to KRS 189A.010.
Smith argues that the trial court erred by failing to dismiss
the action based on the Commonwealth’s failure to elect under
which subsection of KRS 189A.010 it would proceed. For the
reasons stated hereafter, we affirm.
Following a jury trial, the Hardin Circuit Court,
by judgment entered November 26, 1997, convicted Brian Smith of
murdering his elderly neighbor1 and of burglarizing her
residence.2 The court sentenced Smith to life in prison without
benefit of parole for twenty-five years. Claiming that his
trial was rendered unfair by the ineffective performance of counsel, in September 2001 Smith sought relief from the 1997
judgment pursuant to RCr 11.42.
Robert M. Smith appeals from an order of the
Jefferson Circuit Court denying his motion for post-conviction
relief pursuant to CR 60.02. Smith claims that he is entitled
to relief because the Commonwealth breached its plea agreement
with Smith by ultimately recommending a greater sentence than
contained in his plea agreement with the Commonwealth. Because
Smith could have brought this claim in the RCr 11.42 motion he
filed in 1997, we affirm.
Robert Marion Smith was tried for sex crimes
involving two alleged victims in a single jury trial. The jury
convicted him of the charges related to one but acquitted him of
the charge related to the other. Smith raises on appeal the
trial court’s denial of his motion for separate trials on the
charges relating to each victim. For a single trial on all of
these charges to be appropriate, a striking factual similarity must exist between the alleged victim’s accounts. We hold that the two victims’ accounts lacked sufficient similarity for the
charges to be combined in one trial. So we reverse the
convictions and remand the case for a new trial.
Glenn Sneed (“Sneed”) appeals from a judgment
of conviction and sentence of the Jefferson Circuit Court
reflecting a plea of guilty on one count of third degree
burglary and one count of receiving stolen property valued at
over $300. We affirm.
Ned Sneiderman appeals from two judgments of
the Jefferson Circuit Court denying his motion for a new trial
and his motion to vacate the judgment sentencing him to thirteen
years’ imprisonment on charges of first-degree robbery and
fourth-degree assault. These appeals arose from the disposition of a single indictment against Sneiderman, and therefore, both 2002-CA-1595 and 2003-CA-1718 will be decided in a single
opinion.
James Solomon appeals from a judgment of the
Calloway Circuit Court sentencing him to ten years’ imprisonment
upon his conviction for both second degree rape and first degree
persistent felony offender (PFO). On appeal, appellant argues
that the trial court erred by permitting the Commonwealth to
introduce hearsay evidence and to improperly attack the
credibility of appellant’s son.
Joseph D. Solomon has appealed from the final
judgment and sentence entered by the Jefferson Circuit Court on
May 25, 2001, which convicted him of burglary in the first
degree,1 assault in the fourth degree,2 and violation of a
protective order.3 Having concluded (1) that the evidence
introduced at trial was sufficient to support Solomon’sconviction for burglary in the first degree under both theories
submitted to the jury; (2) that the Commonwealth’s use of
Solomon’s post-arrest silence at trial did not result in a
manifest injustice; (3) that the trial court did not err in
accepting the Commonwealth’s race-neutral explanation for
exercising one of its peremptory challenges against a
prospective African-American juror;
Joshua Sowder entered a conditional
plea of guilty to one count of possession of a methamphetamine
precursor, reserving for appeal the denial of his motion to
suppress the evidence against him. We affirm.
This is a pro se appeal from an order entered
by the Jefferson Circuit Court denying appellant’s motion for
RCr 11.42 or CR 60.02(f) relief. For the reasons stated
hereafter, we affirm.
Indictment No. 98-CR-2006 charged appellant Robert
Sowell with committing second-degree assault and first-degree
wanton endangerment against Victor Thomas on or about November
9, 1997.
Brian Springer appeals from a judgment of the
Warren Circuit Court, entered June 26, 2003, convicting him of
twenty-two counts of felony theft by deception 1 and sentencing
him to a total of ten years’ imprisonment. Springer contends
that the trial court abused its discretion by denying his motion to withdraw his guilty plea.
Roy Thomas Stacey appeals the denial of his
petition for post-conviction relief pursuant to RCr 1 11.42 2 and his petition for post-conviction relief pursuant to
CR 3 60.02(f).4 In both actions, Stacey contends that he is
entitled to post-conviction relief because he suffered from
mental incompetency at the time of his guilty plea;
This is an appeal from an order denying
appellant’s motion for additional jail time credit for time
spent in custody awaiting trial. Because the record indicates
that appellant was serving out a sentence on a prior felony for
which his probation had been revoked during the period in
question, appellant was not entitled to credit for this jail
time. Hence, we affirm.
Robin Stewart appeals from the judgment of the
Hardin County Circuit Court, following a jury verdict, where she
was convicted of Attempt to Elude in the first degree, Driving
Under the Influence, Driving on a Suspended or Revoked License
due to DUI, Resisting Arrest, and Possession of an Open
Alcoholic Beverage Container.
On February 7, 2001, a Warren County Grand Jury
indicted appellant upon the offense of second degree escape and
with being a second degree persistent felony offender. Pursuant
to a plea bargain, appellant entered a guilty plea to second
degree escape.
Facing twenty years to life in prison on each of
two wanton murder charges, Donald Story opted to forego a jury
trial and, instead, take the Commonwealth’s offer to plead
guilty and receive two twenty-year sentences on the wanton
murder charges and a six-month sentence on second-offense DUI,
all to run concurrently for a maximum of twenty years. A year
later, he moved to vacate or set aside the judgment, claiming
his lawyer was ineffective for a variety of reasons.
Kenneth Wayne Sturgill appeals from an order of
the Laurel Circuit Court denying his motion for relief from
judgment brought pursuant to Kentucky Rules of Civil Procedure
(CR) 60.02(f). We affirm.
On October 24, 1996, the police were called to the
residence of Rebecca Mitchell, where they found her dead from a
gunshot wound.
Thomas Suleski appeals from an order of the
Hardin Circuit Court denying his motion to vacate his sentence
pursuant to RCr 11.42. In an opinion rendered on August 16,
2002, this Court affirmed the trial court’s order.
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