2005 Court of Appeals Opinions Index |
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Abney v Com,2003-CA-002637
--Not Published ; Affirming
-- PDF
Abrams v Com, 2004-CA-001206
-- Not to be Published ; Affirming -- PDF
Abrams v Com, 2004-CA-001206
-- Not to be Published ; Affirming -- PDF
Adams V Com, 2004-CA-000066--Not To Be Published;
Vacating and Remanding -- PDF
Adams v Com, 2003-CA-002479--Not To Be Published;
Affirming -- PDF Adams V Com, 2004-CA-000066--Not To Be Published;
Vacating and Remanding -- PDF
Akers v Com, 2004-CA-001212
-- Not to be Published ; Affirming In Part, Reversing In Part and Remanding -- PDF
Akers v Com, 2004-CA-001212
-- Not to be Published ; Affirming In Part, Reversing In Part and Remanding -- PDF
Allen v Com., 2005-CA-000765
--To Be Published ; Affirming
-- PDF
Allen v Com., 2005-CA-000765
--To Be Published ; Affirming
-- PDF
Alvey v Com, 2004-CA-000199
-- Not Published ; Affirming -- PDF
Alvey v Com, 2004-CA-000199
-- Not Published ; Affirming -- PDF
Anglen v Com, 2003-CA-001923 -- Not To Be
Published; Affirming -- PDF
Anglin v. Com, 2004-CA-000397 -- Not To Be
Published; Affirming -- PDF
Anglin v. Com, 2004-CA-000397 -- Not To Be
Published; Affirming -- PDF
Anglen v Com, 2003-CA-001923 -- Not To Be
Published; Affirming -- PDF
Ardis v Com, 2004-CA-001650
-- Not Published ; Affirming -- PDF
Ardis v Com, 2004-CA-001650
-- Not Published ; Affirming -- PDF
Arnold v Com, 2004-CA-000950 -- Not Published ; Opinion and Order, Dismissing Appeal -- PDF
Arnold v Com, 2004-CA-000950 -- Not Published ; Opinion and Order, Dismissing Appeal -- PDF
Atherton v Com, 2003-CA-002264--Not To Be Published;
Affirming -- PDF Ault v. Com, 2003-CA-002584 -- Not To Be
Published; Affirming -- PDF
In May 1998, the mobile home of Gina Abney’s parents burned after someone poured gasoline around it and set it on fire. George Abney, Sr., Gina’s estranged husband, was suspected of committing arson. Several months later, Scotty Karnes, incarcerated on an unrelated matter, stated that appellant had hired Karnes and George Abney, Jr., to burn the residence. All three men were indicted.
This is an appeal from an order denying
appellant’s RCr 11.42 motion alleging that the Commonwealth
fraudulently obtained a plea bargain with appellant. Appellant
argues that the Commonwealth defrauded and deceived appellant
into accepting the plea agreement in which he received two
three-year sentences for two charges of fourth-degree assault.
From our review of the record, appellant was fully informed that
the fourth-degree assault charges were being enhanced to Class D
felonies under KRS 508.032, and that he could have received a
-2-
maximum of fifteen years’ imprisonment if he went to trial.
Further, there was no evidence in the record that appellant was
defrauded or deceived by the Commonwealth into accepting the
plea agreement. Accordingly, the record established that
appellant’s plea was not obtained through fraud or deceit and
was voluntary. Hence, we affirm.
This is an appeal from an order denying
appellant’s RCr 11.42 motion alleging that the Commonwealth
fraudulently obtained a plea bargain with appellant. Appellant
argues that the Commonwealth defrauded and deceived appellant
into accepting the plea agreement in which he received two
three-year sentences for two charges of fourth-degree assault.
From our review of the record, appellant was fully informed that
the fourth-degree assault charges were being enhanced to Class D
felonies under KRS 508.032, and that he could have received a
-2-
maximum of fifteen years’ imprisonment if he went to trial.
Further, there was no evidence in the record that appellant was
defrauded or deceived by the Commonwealth into accepting the
plea agreement. Accordingly, the record established that
appellant’s plea was not obtained through fraud or deceit and
was voluntary. Hence, we affirm.
Robert E. Adams has appealed from an order
entered by the Morgan Circuit Court on December 10, 2003, which
denied his pro se motion to vacate, set aside, or correct his
sentence pursuant to RCr1 11.42, without an evidentiary hearing.
Having concluded that that the circuit court erred by rejecting
Adams’s claim of ineffective assistance of counsel without
holding an evidentiary hearing, we must vacate the trial court’s
order and remand for further proceedings.
This is an appeal from a Jefferson Circuit
Court judgment sentencing appellant Vincent Adams to five years
imprisonment for promoting contraband in the first degree and
for being a persistent felony offender (PFO) in the second
degree. Adams argues that the trial court erred by failing to
grant his motions for a directed verdict, and by sustaining the
Commonwealth’s objection to certain evidence. We affirm the
Jefferson Circuit Court’s judgment.
Robert E. Adams has appealed from an order
entered by the Morgan Circuit Court on December 10, 2003, which
denied his pro se motion to vacate, set aside, or correct his
sentence pursuant to RCr1 11.42, without an evidentiary hearing.
Having concluded that that the circuit court erred by rejecting
Adams’s claim of ineffective assistance of counsel without
holding an evidentiary hearing, we must vacate the trial court’s
order and remand for further proceedings.
Appellant, Edward Akers (Akers), appeals, Pro
Se, the Pike Circuit Court’s denial of his motion for relief
filed pursuant to RCr 11.42 without consideration of the merits,
as a successive motion. We reverse the circuit court’s ruling,
and find that issues were contained in the motion requiring
review. The case is remanded with instructions that such review
take place.
Appellant, Edward Akers (Akers), appeals, Pro
Se, the Pike Circuit Court’s denial of his motion for relief
filed pursuant to RCr 11.42 without consideration of the merits,
as a successive motion. We reverse the circuit court’s ruling,
and find that issues were contained in the motion requiring
review. The case is remanded with instructions that such review
take place.
James and Candace Allen were married on February 24, 1996, in Montgomery County. The marriage produced two minor children, J.A. and C.A. Candace filed a petition for dissolution of marriage on May 22, 1998, but the divorce was not finalized until October 28, 2003. In the meantime, Candace’s parents, Elzie and Sandy Prater, were awarded temporary custody of the two children after a determination of neglect by Candace while James was away with the military.
James and Candace Allen were married on February 24, 1996, in Montgomery County. The marriage produced two minor children, J.A. and C.A. Candace filed a petition for dissolution of marriage on May 22, 1998, but the divorce was not finalized until October 28, 2003. In the meantime, Candace’s parents, Elzie and Sandy Prater, were awarded temporary custody of the two children after a determination of neglect by Candace while James was away with the military.
Robert Alvey appeals from a conviction of
escape in the second degree and of being a persistent felony
offender in the first degree following a jury trial. On appeal,
he presents the novel issue that this Court should review his
first trial that ended in a mistrial based upon a hung jury. He
argues that there was insufficient evidence presented by the
Commonwealth in the first trial and thus, he was entitled to a
judgment of acquittal, which would have prohibited the
Commonwealth from trying him a second time. We affirm.
Robert Alvey appeals from a conviction of
escape in the second degree and of being a persistent felony
offender in the first degree following a jury trial. On appeal,
he presents the novel issue that this Court should review his
first trial that ended in a mistrial based upon a hung jury. He
argues that there was insufficient evidence presented by the
Commonwealth in the first trial and thus, he was entitled to a
judgment of acquittal, which would have prohibited the
Commonwealth from trying him a second time. We affirm.
On March 6, 1998, Denali Marquise Anglen went to
the residence of Franco Boggs to purchase crack cocaine. Anglen
and Boggs argued, and Anglen shot Boggs five times. Boggs died.
Anglen was indicted, tried, and convicted for murder.
He was sentenced to twenty-two years’ imprisonment, and his
judgment of conviction was affirmed on direct appeal to the
Kentucky Supreme Court in 2000.
Timothy John Anglin has appealed from the
January 23, 2004, order of the Madison Circuit Court which
revoked his conditional discharge. Having concluded the trial
court did not abuse its discretion by revoking Anglin’s
conditional discharge, we affirm.
Timothy John Anglin has appealed from the
January 23, 2004, order of the Madison Circuit Court which
revoked his conditional discharge. Having concluded the trial
court did not abuse its discretion by revoking Anglin’s
conditional discharge, we affirm.
On March 6, 1998, Denali Marquise Anglen went to
the residence of Franco Boggs to purchase crack cocaine. Anglen
and Boggs argued, and Anglen shot Boggs five times. Boggs died.
Anglen was indicted, tried, and convicted for murder.
He was sentenced to twenty-two years’ imprisonment, and his
judgment of conviction was affirmed on direct appeal to the
Kentucky Supreme Court in 2000.
As a general rule, a writ of prohibition is not
the proper remedy when the issue is a claimed constitutional
defect because the remedy of appeal is adequate. Roderick Ardis
brings this appeal from the circuit court’s denial of his
request for a writ to prohibit the district court from enforcing
its order for Ardis to be involuntarily treated and forcibly medicated, if necessary, to attain competence to stand trial.
His substantive argument is based solely on the contention that
Kentucky’s statute authorizing involuntary treatment is
unconstitutional. We affirm the circuit court’s denial of the
writ because Ardis has an adequate remedy by appeal.
As a general rule, a writ of prohibition is not
the proper remedy when the issue is a claimed constitutional
defect because the remedy of appeal is adequate. Roderick Ardis
brings this appeal from the circuit court’s denial of his
request for a writ to prohibit the district court from enforcing
its order for Ardis to be involuntarily treated and forcibly medicated, if necessary, to attain competence to stand trial.
His substantive argument is based solely on the contention that
Kentucky’s statute authorizing involuntary treatment is
unconstitutional. We affirm the circuit court’s denial of the
writ because Ardis has an adequate remedy by appeal.
Demetrius Arnold brings this pro se appeal from
a November 17, 2003, order of the Jefferson Circuit Court.
Because Arnold’s notice of appeal was not timely filed, we
dismiss.
Demetrius Arnold brings this pro se appeal from
a November 17, 2003, order of the Jefferson Circuit Court.
Because Arnold’s notice of appeal was not timely filed, we
dismiss.
Appellant, William Thomas Atherton (Atherton),
appeals the Daviess Circuit Court’s denial of his motion for
relief pursuant to RCr 11.42. We affirm the denial.
At 4:00 a.m. on the morning of August 10,
1996, Gary M. Ault, a drunk driver, drove his vehicle onto
Interstate 64 in Louisville at the 9th Street exit and began
traveling west in the eastbound lane. Because Ault was
traveling on the wrong side of the highway, several vehicles had
to swerve in order to avoid being hit by the Ault vehicle.
Tragically, the Ault vehicle crashed head-on into a truck driven
by Richard Melson, killing Melson instantly.
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