2005 Unpublished Court of Appeals Opinions Index |
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Lane v. Com, 2004-CA-000966 -- Not To Be
Published; Affirming -- PDF
Lanier v Com, 2004-CA-000185
-- Not To Be Published ; Affirming -- PDF
Lang v Com, 2003-CA-001945 -- Not To Be
Published; Affirming -- PDF
Lawson v Com, 2003-CA-002350
-- Not Published ; Affirming -- PDF
Lawson v Com, 2003-CA-002269
--Not To Be Published ; Affirming in Part, Reversing in Part and Remanding
-- PDF
Leach v Com, 2003-CA-002672
-- Not Published ; Vacating and Remanding -- PDF
Ledlow v Com., 2004-CA-001479
--Not Published ; Affirming
-- PDF
Letterlough v Com, 2004-CA-000771
-- Published ; Affirming -- PDF
Lewis V Com, 2003-CA-002463--Not To Be Published;
Affirming -- PDF
Lewis v Com, 2004-CA-000049
-- Not Published ; Affirming -- PDF
Lewis v Com,2004-CA-000512
-- Not Published ; Affirming and Granting Motion for Leave to Withdraw
-- PDF
Logan v Com, 2004-CA-001250 -- Not To be Published ; Affirming in Part, Reversing in Part and Remanding -- PDF
Logan v Com., 2004-CA-002562
-- Not To Be Published ; Affirming
-- PDF
Love v Com, 2003-CA-002175--Not To Be Published;
Affirming -- PDF
Love v Com, 2003-CA-002175 -- Not To Be
Published; Affirming -- PDF
Lowe v Com. ,2004-CA-002476
-- Not To Be Published ; Affirming
-- PDF
Luckett v Com, 2004-CA-001175 -- Not To Be
Published; Affirming -- PDF
Ludwick v Com, 2003-CA-001621
-- Not To Be Published ; Affirming -- PDF
Lynch v Com, 2004-CA-000280 -- Not To Be
Published; Affirming -- PDF
Mark Lane, pro se, has appealed from an order
of the Kenton Circuit Court entered on April 27, 2004, which
denied his pro se CR1 60.022 motion for jail time credit pursuant to KRS3 532.120(3) and (4). Having concluded that the Kenton
Circuit Court properly denied Lane’s motion as untimely, we
affirm.
Douglas Lanier appeals from a summary
judgment of the Jefferson Circuit Court in favor of Commonwealth
of Kentucky and Kentucky Commission on Human Rights (hereinafter
referred to collectively as KCHR) on Lanier’s claims of gender
discrimination and retaliation. We affirm.
In 1984 James Lang was sentenced on multiple
counts of first degree robbery, enhanced by a further charge of
persistent felony offender. His sentence on one of the
indictments (No. 84-CR-131) was forty years’ imprisonment. This
was later amended to a thirty-five year sentence in 1990. In
August 2003 Lang sought relief pursuant to CR 60.02 (e) to have
his sentence on No. 84-CR-131 amended to twenty years, which he
claimed was the number of years arrived at during plea bargain negotiations. The Campbell Circuit Court denied Lang’s motion,
for the reasons stated in the Commonwealth’s response filed
herein, on August 18, 2003, and he appeals. We affirm.
Leslie Lawson, pro se, has appealed from the
September 29, 2003, order of the Laurel Circuit Court which
denied his pro se motion to vacate, set aside, or correct the
trial court’s final judgment and sentence of imprisonment
pursuant to RCr2 11.42, without holding an evidentiary hearing Having concluded that the trial court did not err in denying
Lawson’s claims of ineffective assistance of counsel without
holding an evidentiary hearing, we affirm.
Curtis Lawson and Darrell Tyrone Lawson were tried jointly following the death of Curtis’s eighteen-month-old child in a single car accident. Both Curtis and Darrell alleged
that the other was the driver of the car at the time of the fatal accident. Following a jury trial, both Curtis and Darrell were found guilty of second-degree manslaughter and sentenced to five years imprisonment. In that we believe the jury instructions were fatally flawed, we reverse both convictions.
Benny Leach appeals from a final judgment
of the Whitley Circuit Court convicting him of assault in the
second degree for stabbing Glennis Anderson, Jr., with a knife.
He was sentenced to serve six years in prison. In addition,
Leach was ordered to pay restitution in the amount of $10,707 to Jellico Community Hospital, where Anderson underwent surgery for
his wounds.
On appeal, Leach argues that the trial court committed
reversible error by failing to instruct the jury on fourthdegree
assault. He also contends that the trial court exceeded
its authority in ordering him to pay restitution to the
hospital.
Bobby Joe Ledlow appeals from an order of the Calloway Circuit Court entered on May 28, 2004, denying his motion filed pursuant to Kentucky Rules of Civil Procedure (CR) 60.02. We affirm.
Everett L. Letterlough has appealed from the
judgment of conviction and sentence entered by the Jefferson
Circuit Court on March 16, 2004, following his conditional plea
of guilty to the charges of trafficking in a controlled
substance in the first degree (cocaine), possession of a firearm by a convicted felon,2 illegal possession of drug paraphernalia
while in possession of a firearm,3 illegal possession of a
controlled substance (marijuana) while in possession of a
firearm,4 and being a persistent felony offender in the first
degree (PFO I).5 Having concluded that the trial court’s
findings of fact in support of its order denying Letterlough’s
motion to suppress evidence are supported by substantial
evidence and that its application of the law to those facts is
correct as a matter of law, we affirm.
Donald G. Lewis appeals from the final judgment
and sentence, which imposed a maximum term of five years’
imprisonment. The judgment followed what the record proves to
be a voluntary and intelligent guilty plea to third-degree
sodomy in accordance with a plea bargain made with the
Commonwealth. Finding no error in the proceedings in circuit
court, we affirm.
Paul William Lewis appeals from a November 18,
2003 order of the Harlan Circuit Court denying his motion for
relief pursuant to CR2 60.02(f). We affirm, but for different
reasons than those set forth by the trial court.
On August 19, 2003, a Fayette County grand jury returned an indictment charging Charles Christopher Lewis with thirteen counts of theft by unlawful taking over $300.00,1 two counts of theft by deception over $300.00,2 four counts of theft by deception under $300.00,3 and one count of being a persistent felony offender in the first degree.4 Lewis filed a motion to suppress incriminating written and oral statements which he made to his employer.
Following a hearing, the trial court denied the motion. Thereafter, on January 30, 2004, Lewis entered a conditional guilty plea. In exchange for his guilty plea, the Commonwealth amended the remaining theft charges to misdemeanors. Pursuant to the agreement with the Commonwealth, the trial court sentenced Lewis to a total of twenty years’ imprisonment.
In the appeal of the reserved suppression issue, Lewis’s appointed counsel has filed a brief pursuant to Anders v. California,5 stating that there are no matters which may serve as a basis for a good-faith appeal. Furthermore, we have reviewed the record and the videotape of the suppression hearing. We likewise find no merit to this appeal.
Fleming Logan brings this appeal from a May 25,
2004, order denying his Ky. R. Crim. P. (RCr) 11.42 motion to
vacate judgment entered upon a guilty plea to one count of
second-degree sodomy and four counts of first-degree sexual
abuse. We affirm in part, reverse in part and remand.
Courtney Logan appeals from an order of the Jefferson Circuit Court denying his motion for post-conviction relief, pursuant to Kentucky Rule of Criminal Procedure (RCr) 11.42, without an evidentiary hearing. Logan argues that his attorney rendered ineffective assistance by failing to adequately investigate his case before advising him to plead guilty. In addition, Logan contends that he would not have pled guilty had counsel advised him that he could have been convicted of a misdemeanor charge, rather than the felony charged in the indictment. We disagree that counsel’s performance rendered Logan’s guilty plea involuntary and, thus, affirm the trial court.
Christopher Love appeals
from an order of the Jefferson Circuit Court denying his motion to vacate his
conviction and sentence pursuant to RCr1 11.42. The issue is whether the
circuit court correctly determined, based on an examination of the trial
record, that Love did not receive the ineffective assistance of counsel. We
conclude that the circuit court ruled correctly, and we thus affirm.
Christopher Love appeals from an order of the
Jefferson Circuit Court denying his motion to vacate his
conviction and sentence pursuant to RCr1 11.42. The issue is
whether the circuit court correctly determined, based on an
examination of the trial record, that Love did not receive the
ineffective assistance of counsel. We conclude that the circuit
court ruled correctly, and we thus affirm.
Lester Lowe appeals, pro se, from an order of the Taylor Circuit Court denying his petition for post conviction relief pursuant to Kentucky Rules of Civil Procedure (CR) 60.02. For the reasons stated below, we affirm.
An exception to the Rape Shield Rule, KRE 2 412,
permits the introduction of evidence of specific instances of
sexual behavior by the alleged victim with respect to the
accused of sexual misconduct when this evidence is offered by
the accused to prove consent on the occasion charged. Charged with having raped the victim by forcibly engaging in vaginal
intercourse with her, Anthony Doyle Luckett tried to introduce
evidence at trial that on prior occasions, the alleged victim
had performed oral sex on him in exchange for drug money. The
circuit court refused to admit Luckett’s proffered evidence
reasoning that the fact that the victim may have consented to
oral sex with Luckett on other occasions did not tend to prove
that she consented to vaginal sex on the occasion charged in the
indictment. We agree with the circuit court’s application of KRE 412, and we affirm.
James Ray Ludwick has appealed from an order
entered by the Taylor Circuit Court on July 17, 2003, which
denied his pro se motion, pursuant to RCr1 11.42, to vacate, set
aside, or correct his five-year sentence, without holding an
evidentiary hearing. Having concluded that the record
conclusively resolves all of Ludwick’s claims, we affirm.
In December 2002, Christian County
Deputy Sheriffs Mike Johnson and Ross Littlepage were
investigating a domestic disturbance near Hillwood Circle in
Hopkinsville when Scott Luther approached them. Luther spoke with Littlepage telling the deputy that his two pet dogs had
died and that he suspected his neighbor, Jeannette Quarles, of
poisoning them. Luther, who had noticed several dog bowls in
Quarles’ backyard, asked Littlepage if he could take samples
from the bowls. According to Littlepage’s later testimony, he
told Luther to do what he had to do.
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