2007 Unpublished Court of Appeals Opinions Index

Table of Cases
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Beasley v Com,2005-CA-002197 --Not To Be Published; Affirming -- PDF

Darryl C. Beasley, pro se, has appealed from an order of the Jefferson Circuit Court entered on September 28, 2005, which denied his motion to amend his sentence pursuant to RCr3 11.42, without the appointment of counsel and without holding an evidentiary hearing. Having concluded that the trial court did not err by denying Beasley’s motions based upon the face of the record, we affirm.

Beckner (Hatcher) v Com, 2005-ca-001616 -- Not To Be Published; Affirming -- PDF

Appellant, Paula Beckner (now Hatcher), was convicted in the Edmonson Circuit Court of trafficking in marijuana, more than eight ounces; possession of drug paraphernalia; possession of a methamphetamine precursor; two counts of trafficking in a controlled substance; and tampering with physical evidence. All of the drug offenses were firearm enhanced. She was sentenced to a total of ten years’ imprisonment and appeals to this Court as a matter of right. Appellant argues that the trial court erred by (1) failing to sever the charges; (2) admitting the autopsy photographs; and (3) requiring the jury to deliberate throughout the night. Finding no error, we affirm the convictions and sentences.

Bedingfield v Com, 2005-ca-000971 --Not To Be Published; Affirming -- PDF

Lacy Bedingfield has appealed from an order entered by the Fayette Circuit Court on April 6, 2005, which denied his motion to vacate judgment and to grant him a new trial. Having concluded that the trial court did not abuse its discretion in refusing to grant Bedingfield a new trial based upon newly discovered evidence, we affirm.

Blevins v Com, 2005-ca-002207 --Not To Be Published; Affirming -- PDF

Christopher E. Blevins brings this appeal from an October 7, 2005, judgment upon a jury verdict of guilty convicting him of the offenses of second-degree robbery and first-degree persistent felony offender. We affirm.

Bowman v Com, 2005-ca-000833 -- Not To Be Published; Affirming -- PDF

Howard Wilson Bowman, III, appeals from a final judgment and sentence of imprisonment of the McLean Circuit Court. On February 25, 2005, a jury found Mr. Bowman guilty of possession of anhydrous ammonia in an unapproved container and possession of drug paraphernalia by knowingly possessing a hollow pen casing of the type used to ingest controlled substances. He was sentenced to five years' imprisonment on the charge of possession of anhydrous ammonia and to six months on the charge of possession of drug paraphernalia, with the sentences to be served concurrently. On appeal, Bowman argues that the trial court erred in failing to grant his motion for directed verdict. Finding no error, we affirm.

Bradley v Com, 2005-ca-000946 -- Not To Be Published; Affirming -- PDF

Keith Bradley appeals from an order of the Warren Circuit Court denying his motion for a new trial under RCr 11.42 and CR 60.02. He maintains that he is entitled to relief from judgment because he was not aware of the elements of the offense with which he was charged, manufacturing methamphetamine, and as such entered a guilty plea which was not knowing, intelligent and voluntary; that the Kentucky Supreme Court has defined KRS 218A.1432(1)(b) in such a way as to make it clear that his conduct did not constitute a crime and that his counsel provided ineffective assistance by failing to so advise him. He also maintains that he was entitled to an evidentiary hearing on the motion. For the reasons stated below, we affirm.

Bridgers v Com, 2005-CA-001690 --Not To Be Published; Reversing and Remanding -- PDF

Whitney Bridgers was found guilty of driving under the influence (DUI), first offense3, and possession of drug paraphernalia, first offense4, following a trial by jury in the Spencer District Court on October 30, 2001. After these convictions were affirmed by the Spencer Circuit Court on May 18, 2005, this Court granted discretionary review. Having concluded that the district court did not commit reversible error, we affirm.

Burchett v Com, 2006-ca-000004 -- Not To Be Published; Affirming -- PDF

Johnny L. Burchett, pro se, appeals the order of Cumberland Circuit Court denying post-conviction relief pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42. We affirm.

Bush v Com, 2006-ca-000232 -- Not To Be Published; Affirming -- PDF

Jimmy “Bo” Bush brings this pro se appeal from a March 15, 2005, order of the Menifee Circuit Court summarily denying his Ky. R. Crim. P. (RCr) 11.42 motion to vacate sentence. We affirm.
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