2006 Unpublished Court of Appeals Opinions Index

Table of Cases
E

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Early v Com., 2004-CA-002656 -- Not Published ;Affirming -- PDF

Kevin D. Early appeals from the judgment of the Henderson Circuit Court, entered on a conditional guilty plea to charges of fleeing or evading police in the first degree, for which he was sentenced to one year in prison probated for five years. Early argues on appeal that he should not have been charged for the same conduct in Kentucky after being convicted in Indiana of charges arising from a police pursuit which began in Kentucky and ended in Indiana. We disagree and affirm.

Edens v Com.,2004-CA-001961 --Not Published, Affirming -- PDF

Donald Edens appeals from a combined order of the Oldham Circuit Court and the Trimble Circuit Court revoking his shock probation. Finding no error, we affirm.

Edwards v Com.,2005-CA-001992 --Not Published ; Affirming -- PDF

By judgment entered September 1, 2005, the Kenton Circuit Court convicted Thomas Edwards, pursuant to his conditional guilty plea, of first-degree possession of cocaine, in violation of KRS 218A.1415. The court sentenced Edwards to two years in prison, probated for two years. Edwards appeals from the denial of his motion to suppress the cocaine evidence. He contends that the discovery of the cocaine was tainted by an illegal, warrantless detention. Agreeing with the trial court that Edwards’s brief detention while his companion was stopped for questioning did not violate Edwards’s constitutional rights, we affirm.

Ellenberger v Com.,2004-CA-002581 -- Not Published ; Affirming -- PDF

This case is on remand from the Kentucky Supreme Court for reconsideration of our prior decision in light of Matheney v. Commonwealth, 191 S.W.3d 599 (Ky. 2006). Our prior decision was based on Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003), which was abrogated by Matheney. In light of Matheney, we affirm the trial court’s denial of Ellenberger’s motion pursuant to CR 60.02 to vacate his conviction for manufacturing methamphetamine.
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