2006 Unpublished Court of Appeals Opinions Index

Table of Cases
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K.A.C. a minor child v Com, 2005-CA-002202 --Not Published ; Affirming -- PDF

K.A.C, born April 26, 1991, appeals from a Juvenile Status Disposition Order of the Boyle Family Court adjudging her beyond control, in contempt of the terms and conditions of a previously imposed Juvenile Status Offender Order, and committing her to the custody of the Cabinet for Health and Family Services (Cabinet) until age 18. For the reasons stated below, we affirm.

K.M. A Child Under Eighteen v Com.,2005-CA-002203 --Not Published ; Affirming -- PDF

K.M., a minor, appeals from a Juvenile Status Disposition of the Boyle Family Court adjudging her beyond control, in contempt of the terms and conditions of a previously imposed Juvenile Status Offender Order, and committing her to the custody of the Cabinet for Health and Family Services (Cabinet). For the reasons stated below, we affirm.

Keisker V Com.,2005-CA-000995 -- Not Published ; Affirming -- PDF

Out-of-state retiree Victor Keisker appeals from an order of the Franklin Circuit Court upholding the Kentucky Retirement Systems’ calculation of the amount of monthly out-of-pocket health insurance premium reimbursement he is entitled to under KRS2 61.702 and KAR3 1:290, and upholding the Retirement Systems’ request for recoupment of premium reimbursement overpayments made by the agency to Keisker. For the reasons stated below, we affirm.

Kennedy v Com.,2005-CA-001449 -- Not Published ; Affirming in Part, Vacating in Part -- PDF

Olajowan Kennedy appeals from his conviction and sentence for first degree robbery and fourth degree assault by a Logan Circuit Court jury in April 2005. Kennedy also avers it was error for the trial court to admit his videotaped statements made during his interrogation. Finding merit in Kennedy’s first assignment of error, we vacate in part and affirm in part.

Kenney V Com.,2004-CA-002238 -- Not Published ; Affirming -- PDF

Appellant, Milton Orr Kenney, pro se, appeals the denial of his motion to modify and correct his sentence pursuant to CR 60.02. We affirm.

Kidlow v Com.,2005-CA-001262 --Not Published,Affirming -- PDF

Gregory Kildow appeals from an order entered by the Marshall Circuit Court denying his motion seeking RCr 11.42 and CR 60.02 relief. For the reasons stated hereafter, we affirm.

Kimble v Com.,2005-CA-001611 -- Not Published, Affirming -- PDF

On August 26, 2003, the Fayette County Grand Jury indicted Appellant Timothy Terrell Kimble on one count of first-degree rape. Keith Eardley, an attorney with the Fayette County Public Defender’s Office, was appointed to represent Kimble. A trial was held on February 19, 2004, and, after deliberating for several hours, the jury notified the court that they were unable to reach a verdict. The court instructed the jury pursuant to Kentucky Rule of Criminal Procedure (RCr) 9.57, and ordered that deliberations resume.

Kipp v Com., 2005-CA-001268 -- Not Published ; Affirming -- PDF

Kenneth Frank Kipp (Kipp) appeals from a final judgment of the Jefferson Circuit Court following a jury verdict of guilty on one count each of burglary in the second degree, assault in the third degree, and resisting arrest. Kipp claims the trial court erred in striking a juror for cause, failing to instruct the jury on criminal mischief in the third degree, and failing to instruct the jury in a manner consistent with the presumption of innocence and burden of proof. For the reasons stated below, we affirm the judgment on appeal.

Kirby v Com.,2005-CA-002135 -- Not Published, Affirming -- PDF

Earl Brent Kirby appeals pro se from the Madison Circuit Court’s order denying his motion seeking RCr 11.42 relief. Kirby raises multiple allegations of having been afforded ineffective assistance of counsel at trial. For the following reasons, we affirm.

Kleinjan v Com., 2005-CA-001913 -- Not Published ; Affirming -- PDF

Dale Kleinjan brings this appeal from an order of the Spencer Circuit Court affirming a final order of the Spencer County Board of Education (“Board”), appellees, demoting him from his position as principal of Spencer County Elementary School to a teaching position. For the reasons stated below, we affirm.

Kupper v Com., 2005-CA-000852 -- Published ; Affirming -- PDF

Virginia Kupper has appealed from a judgment of the Jefferson Circuit Court entered on March 29, 2005, following a jury trial convicting her of 14 counts of criminal possession of a forged instrument in the second degree,2 14 counts of possession of stolen mail matter,3 four counts of fraudulent use of a credit card,4 and four counts of receipt of a stolen credit card.5 Having concluded that the trial court did not err in denying Kupper’s motion to suppress evidence, we affirm.
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