2006 Table of Cases - N  

2006 Unpublished Court of Appeals Opinions Index

Table of Cases
N

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N.T.G. A Minor v Com., 2005-CA-000035 -- To Be Published ;Reversing and Remanding -- PDF

This case involves an order of the Juvenile Division of the Hart District Court imposing fifteen days in detention on N.T.G., a thirteen-year-old child. Although the days in detention were probated, N.T.G. appealed the order to the Hart Circuit Court contending KRS 635.060 prohibits imposition of confinement in detention if the child is under fourteen years of age. The Hart Circuit Court affirmed the dispositional order based upon the fifteen days being probated, relying on X.B. v. Commonwealth.2 We reverse and remand.

Nail v Com.,2005-CA-000848 -- Not Published, Affirming -- PDF

Appellant Christopher Nail appeals his conviction for second-degree criminal abuse stemming from severe injuries suffered by his seven and one-half week old son. He argues in this appeal that the trial judge erred in amending the indictment against him to include the phrase “by means of a dangerous instrument” and in refusing to inform the jury that his co-defendant’s case had been dismissed. We affirm.

Nair v Com.,2005-CA-002019 -- Not Published ; Affirming -- PDF

Gary Nair was convicted of wanton murder in Jefferson Circuit Court. He received a sentence of life imprisonment. The Supreme Court of Kentucky affirmed his conviction on direct appeal on May 22, 1986. No. 85-SC-978-MR. On August 9, 1991, this Court rendered an opinion affirming the denial of relief pursuant to RCr 11.42. No. 90-CA-1115-MR. Nair next filed a motion pursuant to CR 60.02(f) in Jefferson Circuit Court alleging defective jury instructions. That motion was denied and this appeal follows.

Nevitt v Com.,2004-CA-001784 --Not Published ; Affirming -- PDF

James Paul Nevitt was found guilty by a Bullitt Circuit Court jury of six counts of sodomy and two counts of sexual abuse. He was sentenced to serve three years’ imprisonment for each of the six counts of sodomy and ninety days in the county jail for each of the counts of sexual abuse. He appeals his conviction. Finding no error, we affirm.

Nichols v Com.,2005-CA-000630 -- Not Published, Affirming -- PDF

Michael Nichols (Nichols) appeals from a judgment of the Jefferson Circuit Court granting summary judgment in favor of Neil Huffman Nissan, Inc. (Huffman) on his claims for breach of contract, fraud and conversion, excluding the testimony of certain witnesses at the trial on his remaining claim of violating Kentucky’s Consumer Protection Act (CPA), and granting a directed verdict in favor of Huffman on that claim at trial. We affirm the decision of the trial court.

Nolan v Com.,2005-CA-001040 --Not Published,Affirming -- PDF

Donald Nolan appeals from an order of the Greenup Circuit Court revoking his conditional discharge. He alleges that he was denied due process because the conditional discharge was revoked based on his inability to complete a sex offender treatment program as required by the order of conditional discharge and KRS 532.045.2 We agree with the trial court that Nolan’s failure to complete the program is good and sufficient cause to revoke the period of conditional discharge. We therefore affirm.

Nourse v Com.,2005-CA-002080 --Not Published ; Affirming -- PDF

Othaniel Cantrell Nourse appeals from an order of the Logan Circuit Court denying his motion filed pursuant to CR 60.02(f). We conclude the circuit court ruled correctly and hence, affirm.

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