2004 Unpublished Court of Appeals Opinions Index

Table of Cases
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Valentine V Com, 2003-CA-001433-MR--Not To Be Published; 2003-CA-000855-MR Affirming -MR -- PDF

Gregory Valentine has appealed from a final judgment and sentence of the Jefferson Circuit Court entered on June 9, 2003. The judgment followed Valentine's conviction of two counts of first-degree sexual abuse and one count of fourth-degree assault. We conclude that the trial court did not err either by submitting the second count of sexual abuse to the jury or by limiting the evidence presented with respect to a threat that Valentine made against the victim.

Vanderford V Com, 2003-CA-001360--Not To Be Published; Affirming -- PDF

Fayette Milton Vanderford appeals his conviction for robbery in the first degree. On appeal, Vanderford argues that the Fayette Circuit Court erred when it denied his pretrial motion for a competency evaluation. Appellant argues that the trial court was alerted to the fact that Vanderford was excessively religious and this religiosity rendered Vanderford incapable of assisting in his own defense and rendered him incapable of making decisions in his best interest. Appellant argues that the trial court erred when it denied Vanderford’s sixth and final motion for mistrial based on cumulative error.

Vaughn v. Com, 2003-CA-000788 -- Not Published; Affirming -- PDF

At the time of the trial in this case, KRE 608 provided that a witness’ credibility was subject to attack by evidence in the form of opinion or reputation of character, but only as to general reputation in the community. The issue we must decide is whether, under KRE 608, the trial court erred by failing to permit David Vaughn to elicit from a schoolteacher testimony as to the victim’s reputation for untruthfulness in her school. As we conclude that the trial court properly excluded this testimony under the facts of this case, we affirm.

Vinson v Com., 2003-CA-000589-MR -- Not Published; Affirming -- PDF

This is an appeal from a judgment in which appellant was convicted of complicity to divert charitable gaming funds, $300 or more. Appellant raises several allegations of error, none of which we deem to be worthy of reversal. Hence, we affirm..

Violett v. Com, 2003-CA-000466-MR -- Not Published; Affirming -- PDF

Donald Ray Violett (Violett) appeals from the denial of his second RCr 1 11.42 motion by the Warren Circuit Court. We affirm the denial of his second, successive motion. After a mistrial followed by a new trial, a Warren County jury convicted Violett of one hundred fifty-seven (157) counts of sexual abuse in the first degree and five (5) counts of rape in the first degree.

Vires v. Com, 2003-CA-000116-MR -- Not Published; Affirming -- PDF

Earnie L. Vires (hereinafter “Vires”) appeals from a jury verdict convicting him of trafficking in a controlled substance, first degree (KRS 218A.1412) and imposition of an eight (8) year sentence. We affirm.
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