2005 Unpublished Court of Appeals Opinions Index |
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Kavanaugh v Com., 2005-CA-000039
--Not To Be Published ; Affirming
-- PDF
Kersey v Com, 2004-CA-002128
-- Not Published ; Affirming -
-- PDF
Kimble V Com, 2004-CA-000766--Not To Be Published;
Affirming -- PDF
Kimleton v Com, 2004-CA-000928
-- Not Published ; Affirming
-- PDF
Kincaid v Com, 2003-CA-002568 -- Not To Be
Published; Affirming -- PDF
King v. Com, 2004-CA-000787 -- Not To Be
Published; Affirming -- PDF
Kirby v Com., 2004-CA-002532
--Not Published ; Affirming
-- PDF
Kirk v Com, 2004-CA-001420
-- Not Published ; Affirming -- PDF
Knight v Com, 2004-CA-000394
-- Not To Be Published ; Affirming -- PDF
Koher v. Com, 2004-CA-000873 -- Not To Be
Published; Reversing and Remanding -- PDF
Kolley v Com., 2004-CA-001853
--Not To Be Published ; Affirming
-- PDF
Kraus v Com, 2004-CA-000183 -- Not To Be
Published;Affirming -- PDF
Krystynak V Com, 2004-CA-000262--Not To Be Published;
Affirming -- PDF
On June 28, 2004, a Fayette County grand jury indicted Cory Kavanaugh on one count each of second degree robbery,1 second degree fleeing or evading police,2 and third-degree criminal trespass.3 Following a jury trial, Kavanaugh was acquitted of the criminal trespass charge, but was convicted on the robbery and fleeing charges. The jury fixed his sentence at a total of eight years, which the trial court imposed.
Lawrence T. Kersey brings this appeal from an October 5, 2004, judgment of the Hart Circuit Court upon a conditional plea of guilty to first-degree possession of controlled substance, possession of methamphetamine precursors and misdemeanor charges. We affirm.
Timothy Terrell Kimble
appeals from a judgment of the Fayette Circuit Court reflecting a jury verdict
of guilty on the charge of first-degree rape. Kimble maintains that the
evidence presented at trial was insufficient to support his conviction. For
the reasons stated below, we affirm the judgment.
William Scott Kimelton was convicted of first-degree robbery in Wolfe Circuit Court and sentenced to twelve years’ imprisonment. On appeal Kimelton contends that the circuit court committed three errors that warrant reversal of his conviction. First, Kimelton charges that there were various irregularities in the selection of the jury that were serious enough to deprive him of his constitutional right to a fair and unbiased jury. Next, he alleges that three of the Commonwealth’s witnesses gave inadmissible testimony that was sufficiently prejudicial to warrant a mistrial. Finally, he argues that the circuit court erred in failing to grant a directed verdict because the evidence was insufficient to support his conviction.
Marion S. Kincaid appeals from two
Anderson Circuit Court orders that denied a series of motions he
had made pursuant to Kentucky Rules of Criminal Procedure (RCr)
11.42. In addition to a motion to vacate, set aside or correct
his twenty-year sentence for manslaughter, theft and possession of drugs, Kincaid had also moved the court for appointment of
counsel, an evidentiary hearing, and findings of fact and
conclusion of law. Kincaid’s motions were all related to claims
of ineffective assistance of counsel. Specifically, he
contended that the plea of guilty that he entered pursuant to
North Carolina v. Alford2 was coerced and that his attorney
failed to investigate his case adequately.
Luther King appeals, pro se, the denial of his
motion to vacate his conviction pursuant to RCr 11.42. King was
convicted following his plea of guilty but mentally ill in the
Fayette Circuit Court to the charges of escape and of being a
persistent felony offender (PFO) in the first degree. The PFO
charge was based on two previous convictions, a wanton endangerment conviction in the Jackson Circuit Court for which
King completed service of the sentence in approximately December
1982, and a conviction in the Menifee Circuit Court for
cultivation of marijuana in 2001. King was serving the latter
sentence when he received the charges in the instant case.
Charles M. Kirby appeals from the judgment of the Harlan Circuit Court finding him guilty of trafficking in a controlled substance in the first degree, for which he was sentenced to eight years’ imprisonment. Kirby argues on appeal that a key piece of evidence, the recording of the transaction with the confidential informant, should not have been admitted because it was “mostly inaudible”, rendering it untrustworthy. We disagree that the court erred in admitting the recording, and affirm.
James Allen Kirk appeals from a final
judgment and sentence of imprisonment entered by the McCracken
Circuit Court on July 1, 2004, in which he was found guilty of
third-degree burglary and attempted theft by unlawful taking.
Kirk claims that the prosecutor’s peremptory strike of a singleAfrican-American juror violated the constitutional principles
enunciated in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712,
90 L.Ed.2d 69 (1986). After our review of the record, we
affirm.
Appellant, Ronald Knight (Knight), appeals from the order of the Larue Circuit Court denying Knight the right to
withdraw his guilty pleas to two counts of second-degree rape
and sodomy, and four counts of incest and sexual abuse in the
first degree. We affirm the trial court’s ruling.
Appellant David Koher (Koher) brings this
appeal from a judgment of the Perry Circuit Court, sitting
without jury, entered April 14, 2004, adjudging him guilty of
criminal abuse in the second-degree2 and sentencing him to five
years in the state penitentiary, more specifically two years to
A search warrant must be based on information which establishes probable cause that evidence of a crime or contraband will be found at a particular location. In this case, we must determine whether the information contained in an affidavit which led to the search of Charlotte Kolley’s recreational vehicle (RV) and her arrest established probable cause. We hold that it did, and therefore affirm the judgment of the Meade Circuit Court.
Garry Rothfuss appeals from a jury verdict and
judgment finding him guilty of complicity to second-degree
burglary and sentencing him to eight (8) years’ imprisonment.
Upon review, we affirm.
Derrick Krystynak brings this appeal from a jury
verdict and judgment entered January 20, 2004, by the Jefferson
Circuit Court, convicting him of various crimes. We affirm.
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