On April 25, 2002, Wagner pled guilty to felony charges in three indictments. Concerning the first indictment, he pled guilty to possession of drug paraphernalia, second offense, and received a sentence of five years in prison.
Walden v. Com., 2003-CA-000107-- Not Published;
Affirming -- PDF
Walker v. Com., 2001-CA-002491 Not Published;
Affirming -- PDF Walker V Com, 2003-CA-000938-MR-- Not Published;
2003-CA-000855-MR Affirming -- PDF
Walker V Com, 2003-CA-000938-MR-- Not Published;
2003-CA-000855-MR Affirming -- PDF
Walker V Com, 2003-CA-000581-MR &2003-CA-001112 Not To Be Published;
Affirming -- PDF
Walker V Com, 2003-CA-002165--Not To Be Published;
Affirming -- PDF
Wallace v Com, 2003-CA-001102 --Not To Be Published;
Affirming-- PDF
Walters II V Com, 2003-CA-002102--Not To Be Published;
Affirming -- PDF
Ward v. Com., 2002-CA-001979 -- Not Published;
Affirming -- PDF
Ward v. Com., 2001-CA-000611 Not Published;
Affirming -- PDF Warfield v. Com., 2001-CA-001652 Not To Be Published;
Reversting And Remanding -- PDF
Warfield v. Com, 2003-CA-000984 - To Be Published;
Affirming -- PDF
Washington V Com, 2003-CA-001457--Not To Be Published;
Affirming -- PDF
Watkins v. Com., 2001-CA-001796-Not To Be Published;
Affirming -- PDF Watson. V Com, 2003-CA-002580--Not To Be Published;
Affirming -- PDF
Webb V Com, 2003-CA-001884-MR-- Not To Be Published;
2003-CA-000855-MR Affirming -- PDF
Wedding v Com, 2003-CA-001834 -- Not To Be Published;
Affirming -- PDF Wells v. Com., 2002-CA-002175 Not To Be Published;
Affirming -- PDF West v. Com., 2001-CA-002779 Published;
Affirming -- PDF
West v. Com., 2002-CA-001876 -- Not Published;
Affirming -- PDF
White v. Com., 2003-CA-000083-- Not Published;
Affirming -- PDF
White v. Com., 2003-CA-000853-- Not Published;
Reversing and Remanding -- PDF
White V Com, 2003-CA-001260-MR-- Not Published;
2003-CA-000855-MR Affirming -- PDF
White V Com, 2003-CA-002010--Not To Be Published;
Affirming -- PDF
Whitfield v. Com., 2002-CA-002311 -- Not Published;
Affirming -- PDF
Wilfong v Com, 2002-CA-000535 -- To Be Published;
Affirming -- PDF Williams v Com, 2003-CA-000451-- Not To Be Published;
Affirming-- PDF
Williams v Com, 2003-CA-000707-MR--Not To Be Published;
Affirming -- PDF
Wills v. Com., 2003-CA-000279-- Not Published;
Affirming -- PDF
Wilkerson v. Com., 2002-CA-002565 -- Not Published;
Affirming -- PDF
Wilson v. Com., 2003-CA-000692-MR -- Not Published;
Affirming -- PDF
Winkfield v. Com, 2002-CA-001581-MR-- Not Published;
Affirming -- PDF
Winn v. Com., 2003-CA-000560-- Not Published;
Affirming -- PDF
Winn V Com, 2003-CA-002257-MR &2003-CA-001112 Not To Be Published;
Affirming -- PDF
Winnans v. Com, 2003-CA-001030 --Not To Be Published;
Vacating and Remanding -- PDF Wise V Com,2003-CA-001794--Not To Be Published;
Affirming -- PDF
Wood V Com, 2003-CA-000722-MR-- Not Published;
2003-CA-000855-MR Affirming-MR -- PDF
Wooldridge V Com, 2003-CA-002488--Not To Be Published;
Affirming -- PDF
Woosley v. Com., 2003-CA-000833-MR &2003-CA-001112 Not Published;
Affirming -- PDF
Woosley v. Com., 2003-CA-001111-MR-- Not Published;
2003-CA-000855-MR Reversing And Remanding -- PDF
Woosley v Com, 2003-CA-001013 -- Not To Be Published;
Affirming-- PDF
Wright v. Com., 2002-CA-000867 -- Not Published;
Affirming -- PDF
Wright v. Com., 2003-CA-000157- Published;
Affirming -- PDF
Wyatt v. Com., 2002-CA-001639 -- Published;
Affirming-- PDF
Billy Joe Walden (“Walden”) appeals from a
judgment of the Monroe Circuit Court reflecting a jury verdict
of guilty on two counts of first-degree unlawful transaction
with a minor. We affirm.
Monte Walker appeals from the judgment of the
Clark Circuit Court, entered on a conditional guilty plea to
charges of criminal facilitation of manufacture of
methamphetamine and a guilty plea to possession of marijuana and
operating a motor vehicle on a suspended license, for which he
was sentenced to five years' imprisonment.
Cedric Lamont Walker has appealed from a final
judgment and sentence of the Fayette Circuit Court entered on
April 3, 2003, which, following Walker’s conditional pleas of
guilty to trafficking in a controlled substance in the first
degree,1 and as being a persistent felony offender in the first
degree (PFO I),2 sentenced Walker to ten years’ imprisonmentaccordance with the Commonwealth’s recommendations.
Cedric Lamont Walker has appealed from a final
judgment and sentence of the Fayette Circuit Court entered on
April 3, 2003, which, following Walker’s conditional pleas of
guilty to trafficking in a controlled substance in the first
degree,1 and as being a persistent felony offender in the first
degree (PFO I),2 sentenced Walker to ten years’ imprisonmentaccordance with the Commonwealth’s recommendations.
Joey Walker appeals pro se from an order of the
McCracken Circuit Court, denying his motion to vacate judgment
and sentence pursuant to RCr 11.42 and for an evidentiary
hearing.
Walker was indicted in August 1999 for possession of a
handgun by a convicted felon.
O’Neil A. Walker appeals from an order of the
Jefferson Circuit Court denying his motion for post-conviction
relief pursuant to CR1 60.02. Walker claims that he is entitled
to relief because the Commonwealth breached its plea agreement
with him by objecting to probation though the agreement provided
that the Commonwealth would not take a stand on the issue.
Appellant, Randall Clay Wallace, and three others1
were charged in a seventeen-count indictment under a scheme to
forge prescriptions for controlled substances and for
trafficking in controlled substances. After a jury trial,
appellant was found guilty of Count One (obtaining a controlled
substance-Methadose-by fraud) and Count Sixteen (trafficking in
a controlled substance-Lortab). Upon review, we hereby affirm.
2003-CA-002102 a six-year sentence on count 1 and five years on count 2.
Walters entered a guilty plea to two counts of first-degree
trafficking on July 7, 2000, and on August 1, 2000, appeared
with counsel for sentencing.
James Allen Ward appeals from an order of the
Fayette Circuit Court denying his motion to vacate, set aside or
correct the court’s judgment convicting and sentencing him to
serve twenty (20) years for first degree assault and for being
a first degree persistent felony offender (PFO). Ward’s pro se
motion was filed pursuant to RCr 10.26, RCr 11.42, and CR 60.02.
We affirm.
David Ward brings this appeal from an order
entered February 20, 2001, by the Marshall Circuit Court denying
his motion to amend, modify or vacate sentence pursuant to Ky.
R. Crim. P. (RCr) 13.04 and Ky. R. Civ. P. (CR) 60.02 and CR
60.03.
Rennie Warfield appeals from the judgment of
the Scott Circuit Court finding him guilty of first-offense
driving under the influence, no operator’s license, terroristic
threatening (two counts), first-degree wanton endangerment and
being a second-degree persistent felony offender.
A Jefferson County jury convicted Clifford
Warfield of first-degree assault in the shooting and wounding of
William Miles. The Court then sentenced Warfield to a maximum
of twelve years’ confinement. He appeals the judgment to this
Court as a matter of right..
This is an appeal from a judgment pursuant to
a conditional guilty plea convicting appellant of, among other
offenses, possession of a handgun by a convicted felon (KRS
527.040). Appellant’s sole argument on appeal is that KRS
527.040 is unconstitutional because it violates Section 1(7) of
the Kentucky Constitution which grants to all men “[t]he right
to bear arms in defense of themselves . . . .”
Appellant, Thomas Wade Watkins (Watkins),
appeals the trial court’s vacation of an order requiring a
resentencing after its initial determination that resentencing
was necessary. We affirm the determination of the Jessamine
Circuit Court..
Joey Watson appeals from an order of the
McCracken Circuit Court denying his motion to set aside the
judgment on a guilty plea pursuant to Kentucky Rule of Civil
Procedure (CR) 60.02. At issue is whether the record
establishes that Watson entered his plea knowingly,
intelligently and voluntarily. The record does not specifically
indicate that Watson was advised of the possible penalty range
he was facing when he pled guilty to first-degree rape, firstdegree
sodomy, first-degree robbery, kidnapping, and seconddegree escape..
This is an appeal from an order denying
appellant’s motion filed pursuant to CR 79.02(2) to compel the
court to order his criminal judgment and sentence satisfied in
full. We agree with the lower court that CR 79.02 does not
apply to criminal judgments and, thus, relief was properly
denied under that rule. Accordingly, we affirm.
This is Terry Wedding’s appeal from the circuit
court’s denial of his collateral attack under RCr 11.42 1 on a
judgment of conviction and sentence. Since the trial court’s
record conclusively resolves the issues raised on the appeal, we
affirm. The trial court denied Wedding’s RCr 11.42 motion
without appointing counsel or conducting an evidentiary hearing.
On appeal to this court, Wedding argues that the trial court
erred in denying RCr 11.42 relief: (1) when it did not appoint
counsel to represent him; (2) when it did not hold an
evidentiary hearing; (3) when it sentenced him under
KRS 504.020; (4) when it failed to determine that his trial
counsel were ineffective; (5) when it failed to hold a
competency hearing before final sentencing; and (6) for
cumulative errors appearing in the proceedings.
William Wells (“Wells”) appeals from a
judgment of conviction of the Casey Circuit Court reflecting a
jury verdict of guilty on one count of third-degree rape and one
count of incest. For the reasons stated herein, we must affirm.
Glenn West (hereinafter appellant) appeals his
conviction in the Calloway Circuit Court for one count of
criminal mischief in the first degree, one count of criminal
mischief in the second degree, seven counts of wanton
endangerment, one count of possession of marijuana and one count
of carrying a concealed deadly weapon.
Jeremy Scott West has appealed from the final
judgment and sentence entered by the Boyd Circuit Court on
August 9, 2002, which convicted him of trafficking in a
controlled substance in the first degree (oxycodone).
The sole issue in this case is whether the
police had sufficient articulable suspicion to conduct an
investigatory stop of appellant who had pulled into three
different residential driveways immediately after different
police units got behind him.
After a jury trial with his twin brother and codefendant,
Bob White, Rob White was convicted of complicity to
first-degree robbery and two counts of complicity to firstdegree
assault.
Joseph Lamont White, Jr., appeals from the
portion of a Fayette Circuit Court judgment convicting him of
the misdemeanor crime of carrying a concealed deadly weapon and
sentencing him to 30 days in jail. We affirm.
White V Com, 2003-CA-001255-MR-- Not Published;
2003-CA-000855-MR Affirming -- PDF
Alan Juan White, appellant herein, was indicted
by the grand jury of Jefferson County for Rape, first degree,
Sexual Abuse, first degree, Unlawful Imprisonment, first degree,
and Resisting Arrest (two counts), and for being a Persistent
Felony Offender, second degree.
This is an appeal from a judgment convicting
appellant of flagrant nonsupport and being a persistent felony
offender in the second degree (“PFO II”). Appellant argues that
a juror who was a third cousin of the Commonwealth Attorney
should have been stricken for cause and that there was
insufficient evidence of his reasonable ability to pay child support. We adjudge that both arguments are without merit.
Hence, we affirm.
Floyd Whitfield appeals from the judgment of
the Jefferson Circuit Court imposed after a jury found him
guilty of the offenses of assault in the third degree and
resisting arrest.
Raymond Wilfong has appealed from the judgment
and sentence of the Meade Circuit Court entered on March 12,
2002, which sentenced him to one-year imprisonment on his
conviction for rape in the third degree 1 and a subsequent three-year
period of conditional discharge as required by KRS 532.043. 2
Having concluded that KRS 532.043 does not violate the separation of powers doctrine and that the conditions of
Wilfong’s conditional discharge as of this time have not
deprived him of his right to due process, we affirm.
Demond R. Williams has appealed pro se from the
order of the Fayette Circuit Court denying his post-conviction
motion for CR1 60.02 relief from judgment. We now affirm because
we conclude that the issues presented by Williams were either
not properly raised under CR 60.02 or were insufficient to
justify relief from judgment.
John Williams appeals from a jury verdict
convicting him of three counts of third-degree rape. Williams
contends the trial court erred by failing to give an instruction
on the lesser included offense of attempted third-degree rape;
that palpable error resulted from misleading parole eligibility
information presented to the jury in the sentencing phase of the
trial; and that palpable error occurred as a result of several comments made by the prosecutor during the sentencing phase of
the trial. We affirm.
Kenobi Wills appeals from a judgment and sentence
of the Christian Circuit Court following his plea of guilty to
Robbery, First Degree, and Persistent Felony Offender, Second
Degree. His enhanced sentence was twenty years; the ground for
his appeal is that he should have been allowed to withdraw his
plea of guilty.
Marlon Dion Wilkerson brings this appeal from a
November 5, 2002 Opinion and Order of the Fayette Circuit Court.
We affirm.
In 1998, appellant was indicted by the Fayette County
Grand Jury for intentional murder, first degree burglary, first
degree robbery, tampering with physical evidence and with being
a second degree persistent felony offender.
Appellant Gary Lynn Wilson appeals his
conviction in the Bell Circuit Court for one count of assault in
the third degree, one count of resisting arrest and two counts
of terroristic threatening. On appeal, appellant challenges the
sufficiency of the evidence on the charges of assault and
resisting arrest.
Antonio Winkfield appeals from the judgment of
the Fayette Circuit Court that he is guilty of possession of a
simulated substance, a Class A misdemeanor, and felony charges
of possession of a controlled substance and being a second-degree
persistent felony offender. The charges against
Winkfield were contained in two separate indictments to which he
pled guilty conditioned on his right to appeal the trial court’s
denial of his suppression motion.
2003-CA-000560-MRChristopher Brandon Winn appeals from a final
judgment and sentence of probation entered by the Fayette
Circuit Court on February 25, 2003, finding him guilty of
trafficking in a controlled substance in the first degree,
possession of drug paraphernalia in the first degree, and
possession of marijuana.
Antonio Winn (“Winn”) appeals two orders of
the Fayette Circuit Court entered on October 13, 2003. The
first order denied a Motion to Recuse filed pursuant to KRS 2
26A.015(2) and Canons 2 and 3 of the Kentucky Code of Judicial
Conduct, SCR 4.300, seeking to recuse Hon. Rebecca Overstreet from presiding over Winn’s post-conviction motion for relief.
Lynda Winnans appeals her conviction for theft
by deception (over $300)2 with a four-year sentence, for failing
to pay off a lien on a truck she sold when she promised to pay the lien out of the proceeds received at the time of sale. We
believe the trial court erred in not allowing the avowal
testimony and that the error was reversible. Therefore, we
vacate the conviction and remand for a new trial.
Paul Alton Wise appeals from an order
denying his motion for relief pursuant to RCr1 11.42. After
reviewing the record, we affirm the determination of the trial
court that he did not receive ineffective assistance of counsel.
On December 13, 2001, Wise was indicted on charges of
possession of a controlled substance and of tampering with
physical evidence. He was also charged as a first-degree
persistent felony offender (PFO I). In a separate indictment, he was charged with trafficking in a controlled substance,
tampering with physical evidence, possession of marijuana, and
illegal possession of drug paraphernalia.
Chris Wood appeals from a judgment of the
Garrard Circuit Court finding him guilty of first-degree rape
and sentencing him to ten years’ imprisonment. The sole issue
on appeal is the trial court’s failure to grant Wood’s motion
for a directed verdict. After careful review, we conclude that
the Commonwealth presented sufficient evidence supporting each
element of the offense to allow the case to be submitted to the
jury. Therefore, the judgment of the trial court is affirmed.
Donnie Wooldridge (hereinafter “Wooldridge”)
appeals from the McLean Circuit Court’s order denying his RCr
11.42 motion. We affirm.
Appellant, Rodney Woosley (Woosley), appeals a
drug conviction, and an order of forfeiture. The appeal of
conviction was filed first, that being action 2003-CA-000982-MR,
and then the forfeiture was appealed separately, under 2003-CA-001112-
MR. We affirm the conviction and the order of forfeiture
entered by the Union Circuit Court.
Kelly Jo Woosley appeals following a conditional
plea of guilty to the charges of tampering with physical
evidence and possession of a controlled substance in the third
degree. Subsequent to the guilty plea, Woosley also forfeited
certain items of household property to the Morganfield Police
Department, which forfeiture she also appeals.
Sherrill Woosley appeals from a judgment of
the Grayson Circuit Court wherein he was sentenced to three
years in prison for the felony offense of flagrant nonsupport.
We affirm.
Winston Wright appeals his motion to vacate
sentence pursuant to CR 60.02 and RCr 10.26. In his CR 60.02
motion, appellant alleges that his guilty plea was coerced by
the actions of the then Commonwealth Attorney, Ray Carmichael;
that his plea was not voluntarily or willfully entered; and that
his attorneys were ineffective.
Bradford Wright appeals from a judgment of the
Jefferson Circuit Court, entered January 9, 2003, convicting him
following a jury trial of second-degree manslaughter1 and
sentencing him to ten years’ imprisonment.
Paul D. Wyatt (hereinafter appellant) entered
a conditional guilty plea in the Casey Circuit Court to one
count of sodomy in the first degree. Pursuant to the plea
agreement, the trial court dismissed additional charges of
sodomy in the first degree, rape in the first degree, and sexual.
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