2006 Unpublished Court of Appeals Opinions Index |
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J.R.D. a Juvenile v Com.,2006-CA-000138
--Not Published ; Affirming
-- PDF
Jackson v Com., 2005-CA-000330
-- To Be Published ;Affirming
-- PDF
Jackson V Com.,2005-CA-001328
-- Not Published ; Affirming
-- PDF
Jackson v Com, 2005-CA-001545
--Not Published ; Affirming
-- PDF
James v Com.,2005-CA-000661
--Not Published ; Affirming
-- PDF
James v Com.,2005-CA-000994
--Not Published, Affirming --
PDF
Jarvis v Com.,2005-CA-001710
-- Not Published ; Affirming
-- PDF
Jennings v Com., 2004-CA-001604
-- Not Published ;Affirming
-- PDF
Jennings v Com., 2005-CA-000144
-- Not Published, Affirming -- PDF
Jewell v Com ,2005-CA-001363
- Not Published ;Affirming
-- PDF
Johnson v Com.,2005-CA-000487
--Not Published, Affirming --
PDF
Johnson v Com.,2005-CA-001253
-- Not Published,Vacating and Remanding --
PDF
Johnson v Com, 2005-CA-001366
--Not Published ; Affirming
-- PDF
Johnson v Com.,2005-CA-002215
-- Published, Affirming --
PDF
Jones v Com.,2005-CA-000922
--Not Published, Affirming --
PDF
Jones V Com.,2005-CA-002333
-- Published, Affirming --
PDF
Jones v Com, 2004-CA-000952
--Not Published ; Reversing and Remanding
-- PDF
Jones v Com.,2005-CA-001089
-- Published, Affirming --
PDF
Jones v Com.,2005-CA-002506
--Not Published ; Affirming
-- PDF
Justice v Com, 2004-CA-000392--Not To Be Published;
Affirming -- PDF
J.R.D., a juvenile status offender, has
appealed from the Boyle Family Court’s December 7, 2006, order
committing her to the Cabinet for Families and Children with the
recommendation that she complete a residential treatment program
at Ramey-Estep Homes. J.R.D. asserts that the family court
improperly committed her to the Cabinet for finding her in
contempt of a status offender order, while the Commonwealth maintains that her commitment was as a result of her being a
habitual truant. We affirm.
Lionel Rasheen Jackson appeals from a
judgment of the Fayette Circuit Court wherein he was convicted
of possession of a handgun by a convicted felon and being a
persistent felony offender in the first degree and was sentenced
to ten years in prison. The sole issue on appeal is whether the
court erred in allowing evidence of Jackson’s flight after he
posted bond and was released from custody prior to trial. We
affirm.
Charles Jackson (Jackson) brings this
appeal from a final judgment of the Boyd Circuit Court, entered
May 20, 2005, upon a jury trial, adjudging him guilty of felony
receiving stolen property2 and sentencing him to three-years’
imprisonment, enhanced to eight years upon a guilty verdict as to second-degree persistent felony offender (PFO II).3 We
affirm.
Kevin Jackson (Jackson) brings this
appeal from a “Final Judgment, Sentence of Imprisonment” of the
Fayette Circuit Court, entered June 23, 2005, upon a jury
verdict, adjudging him guilty of first-degree robbery3 and possession of drug paraphernalia4 and sentencing him to
respective terms of imprisonment of ten years and six months, to
run concurrently for a total of ten years’ imprisonment.5 We
affirm.
Larry James appeals from an opinion and order
of the Oldham Circuit Court overruling his motion to dismiss a
criminal judgment and sentence. James argues that his sentence
on a guilty plea to murder was improperly enhanced by his status
as a PFO 2nd offender. For the reasons stated below, we affirm
the opinion and order on appeal.
On April 24, 2002, Stephen E. James was involved
in an automobile accident with another vehicle carrying Ralph
and Leah Denham. Thereafter, he was indicted on one count of
wanton murder,1 two counts each of first degree assault2 and
first-degree wanton endangerment,3 and one count of operating a motor vehicle while under the influence of alcohol or drugs
(first offense).4 On April 25, 2003, James entered a guilty plea
to the assault and wanton-endangerment charges. Pursuant to the
Commonwealth’s recommendation, the trial court sentenced James
to five years for each count of wanton endangerment, and eleven
years for each count of assault, to run concurrently for a total
of eleven years.
Vernon Ray Jarvis appeals a conviction by the Clay
Circuit Court for two counts of trafficking in a controlled
substance in the first degree (cocaine) and persistent felony
offender in the second degree because the trial court lacked
jurisdiction to indict. Jarvis was sentenced to fifteen years
in the penitentiary. For the following reasons, we affirm.
Michael Jennings appeals from the Jefferson
Circuit Court’s denial of his CR 60.02 motion. For the
following reasons, we affirm.
Jeffrey W. Jennings (Jennings) brings
this appeal from a judgment of the Henderson Circuit Court
entered December 29, 2004, upon a jury verdict. He was adjudged
guilty of intimidating a witness2 and first-degree wanton
endangerment,3 both enhanced on convictions of first-degree persistent felony offender (PFO I),4 and sentenced to concurrent
ten-year and fifteen-year terms of imprisonment, for a total of
fifteen years. He was also adjudged guilty of misdemeanor
third-degree terroristic threatening5 and sentenced to a
concurrent nine month term of imprisonment.6 We affirm.
On April 29, 2002, Appellant, Tony Tyrone Jewell
(Jewell), was indicted in Fayette County, Kentucky, for one
count of trafficking in a controlled substance first degree, a
class C felony; one count of possession of marijuana, a class A
misdemeanor; one count of possession of drug paraphernalia, a
class A misdemeanor; and one count of persistent felony offender
first degree.
This appeal from the denial of a CR
60.02 motion seeking relief from a judgment convicting appellant
of wanton murder represents the third time this matter has been
considered by the appellate courts of this Commonwealth.
Because it is clear that appellant’s motion advances no argument
that has not already been raised or which could not have been raised in his previous proceedings, we affirm the denial of his
CR 60.02 motion by the Fayette Circuit Court.
Gerald Johnson (Johnson) brings this
matter of right appeal from a judgment of the Jefferson Circuit
Court, entered May 18, 2005, on a guilty plea, adjudging him
guilty of first-degree trafficking in a controlled substance (cocaine),3 operating a motor vehicle on a suspended license,4
failure to stop at a stop sign,5 and failure to give a traffic
signal,6 and sentencing him to respective terms of imprisonment
of five years and ninety days, and fines of $20.00 and $20.00,
to be served concurrently for a total of five years. Before us,
Johnson argues that the trial court abused its discretion in
violation of his due process rights when it denied his request
to withdraw his guilty plea, pursuant to Kentucky Rule of
Criminal Procedure (RCr) 8.10, without holding an evidentiary
hearing into whether the plea was knowing, intelligent, and
voluntary.7 We agree, and vacate and remand.
The single question in this appeal is
whether the trial court erred in dismissing appellant’s second
CR 60.02 motion stemming from his 1986 conviction for wanton
murder and second-degree burglary. In denying appellant’s
motion, the trial judge concluded that the matters asserted in
the motion could, and should, have been raised in appellant’s
direct appeal to the Supreme Court. We agree and affirm.
James Henry Johnson has appealed from a
judgment entered on September 23, 2005, by the Mason Circuit
Court following a jury conviction for assault in the first
degree.1 Having concluded that there was sufficient evidence to
support a conviction for intentional assault and wanton assault,
we affirm.
Jeffrey N. Jones appeals from a judgment and
sentence on a guilty plea entered in Breckinridge Circuit Court.
Jones argues that his conviction for manufacturing
methamphetamine and possession of a controlled substance should
be reversed because the trial court improperly denied his motion
to suppress evidence obtained during a search. For the reasons
stated below, we affirm the judgment on appeal.
Gabrielle Jones, a convicted sex-offender,
appeals from an order of the Kenton Circuit Court revoking her
conditional discharge from the penitentiary. Having reviewed
the record and the applicable law, we find no error in the
decision of the trial court. Thus, we affirm.
This matter is before us on remand by the
Kentucky Supreme Court by Opinion and Order dated May 10, 2006.
The Supreme Court vacated our opinion rendered July 1, 2005, and
ordered us to reconsider in light of Potts v. Commonwealth, 172
S.W.3d 345 (Ky. 2005). Having reviewed Potts, we believe the
facts in the instant appeal are distinguishable from the facts in Potts. Unlike Potts, the error at issue in this appeal
constituted a palpable error under Ky. R. Crim. P. (RCr) 10.26.
Thus, upon reconsideration, we reverse and remand.2
On April 1, 2005, Allen David Jones entered a
conditional guilty plea relating to a number of charges
resulting from his arrest for driving under the influence and
driving with a suspended license. He now appeals on the grounds
that the trial court erroneously allowed the Commonwealth to
amend the indictment against him, and that he has been subjected
to double jeopardy. Upon review, we affirm.
Appellant, Fred Jones, was convicted of
two counts of sodomy in the second degree following a jury trial
in Bell Circuit Court. He received a total of twenty years’
imprisonment. Our Supreme Court affirmed the conviction on
direct appeal. 2005-SC-0785-MR. The opinion was final on
September 13, 2001. Jones, pro se, filed a motion to vacate the
judgment pursuant to RCr 11.42 on June 21, 2005. The trial
court summarily denied the motion as untimely. This appeal
follows.
Carl Justice appeals from an order entered by the Knox Circuit Court denying his motion seeking RCr 11.42 relief. For the reasons stated hereafter, we affirm.
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