2006 Unpublished Court of Appeals Opinions Index

Table of Cases
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Ohmer v Com.,2005-CA-001001 --Not Published, Affirming -- PDF

Phillip Ohmer appeals from an order of the Campbell Circuit Court denying his motion to correct a presentence investigation report. Ohmer argues that the report contains irrelevant and prejudicial information resulting in a loss of rights under the Fifth, Sixth and Fourteenth Amendments to the United States Constitution and sections Two and Eleven of the Kentucky Constitution. For the reasons stated below, we affirm the order on appeal.

Oliver V Com.,2004-CA-001219 -- Published ; Reversing and Remanding -- PDF

In this action, Stewart Oliver appeals from a judgment of the McCracken Circuit Court entered on June 1, 2004, in which he was convicted on one count of theft by deception over $300.00 and one count of criminal possession of a forged instrument. The trial court sentenced Stewart to two years in prison. Concluding that the trial court erred in failing to instruct the jury on lesser included offenses, we reverse and remand for new trial.

O'Neal v Com, 2003-CA-001926 -- Not Published ; Affirming -- PDF

Cedric W. O’Neal appeals pro se from an order entered by the Jefferson Circuit Court denying his motion seeking RCr 11.42 relief. For the reasons stated hereafter, we affirm.

Osborne v Com.,2005-CA-002243 --Not Published ; Affirming -- PDF

Randall Osborne appeals pro se to this Court from the Clark Circuit Court’s denial of his CR2 60.02 motion for post-conviction relief. In this appeal, Osborne asserts that his sentence should be vacated due to ten errors committed by the trial court. On January 11, 1990, Osborne was indicted on charges of murder and first-degree robbery. He was separately indicted for possession of cocaine. In April 1990, Osborne pleaded guilty to the charges, and the court sentenced him to life imprisonment for murder and twenty-one years for robbery and cocaine possession. In September 1997, Osborne moved to have his sentences vacated pursuant to RCr3 11.42. The trial court denied Osborne’s motion, and this Court affirmed.

Owens v Com, 2004-CA-001809--Not To Be Published; Affirming -- PDF

On three separate occasions in 1983, appellant, Charles Bradford Owens, broke into the home of a lady, forcibly raped and sodomized her, and stole items from her. When called to account for these heinous crimes, by indictment by the grand jury of Jefferson County, Owens entered into a plea agreement whereby the Commonwealth Attorney recommended a sentence of three twenty-year terms, to be run concurrently.

Owens v Com, 2004-CA-001592 -- Not Published ; Affirming -- PDF

Link Owens (Owens) brings this appeal from an order of the Knox Circuit Court, entered July 8, 2004, denying his motion made pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42, following an evidentiary hearing. We affirm.
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