2007 Unpublished Court of Appeals Opinions Index

Table of Cases
C

Use Adobe's Conversion Tool to convert the following PDF files into text in the event that you are viewing this page with assistive technology that is not compatible.

Carpenter v Com, 2004-ca-000971 -- Not To Be Published; Vacating and Remanding -- PDF

Appellant Jeffery L. Carpenter appeals from a January 20, 2004, order of the Butler Circuit Court denying his RCr 11.42 motion, as well as two additional orders overruling Carpenter's motions to vacate or amend that decision. After careful review of the limited record before this Court, we are unable to discern whether Carpenter's claims are supported or contradicted therein. We therefore vacate the trial court's orders and remand for further proceedings consistent with this Opinion.

Chapman v Com, 2005-CA-001767 --Not To Be Published; Affirming -- PDF

Appellant Jermaine Chatman appeals the Simpson Circuit Court’s revocation of his probation. We affirm the circuit court’s judgment.

Chenault v Com, 2006-ca-001088 -- To Be Published; Affirming -- PDF

Jathniel Chenault has appealed from the Fayette Circuit Court's judgment entered pursuant to a conditional guilty plea convicting him of possession of a controlled substance and for being a persistent felony offender. Specifically, Chenault challenges the circuit court's denial of his motion to suppress evidence that he alleges police obtained in an improper search of his automobile. We affirm.

Clay v Com, 2006-ca-000411 -- To Be Published; Affirming -- PDF

Rickie Lee Clay appeals from a judgment of conviction entered by the Fayette Circuit Court. After a jury trial, Clay was convicted of solicitation of prostitution, possession of drug paraphernalia, trafficking in a controlled substance in the first degree, and being a persistent felony offender in the first degree. On appeal, Clay argues that the Commonwealth failed to present sufficient evidence to sustain a conviction for trafficking; that the jury instruction for trafficking presented multiple theories of guilt that were not supported by the evidence, thereby violating Clay’s right to a unanimous verdict, and that the Commonwealth solicited inadmissible opinion testimony. We affirm.

Coates v Com, 2005-ca-001780 -- Not To Be Published; Affirming In Part, Reversing In Part and Remanding -- PDF

On November 16, 2004, a Jefferson County grand jury indicted Charles Anthony Coates on one count each of first-degree assault, first-degree burglary, and firstdegree wanton endangerment. Following a jury trial in April 2005, the jury found Coates guilty but mentally ill on all three counts and fixed his sentence at a total of eighteen years’ imprisonment. Based on the guilty but mentally ill verdict, the trial court reduced Coates’ sentence to a total of twelve years’ imprisonment.

Collins v Com, 2006-ca-000353 -- Not To Be Published; Affirming -- PDF

On September 15, 1997, the Supreme Court of Kentucky's opinion affirming Jerry Collins's life sentence for rape, sodomy, incest, and wanton endangerment involving his minor daughter became final. See Collins v. Commonwealth, 95 S.W.3d 569 (Ky. 1997). Collins had three years from that date to file any motion to vacate, set aside, or correct the sentence absent a showing of either (1) newly discovered facts that were previously unobtainable but are material; or (2) a new, material, retroactive caselaw precedent. See RCr 11.42(10); Palmer v. Commonwealth, 3 S.W.3d 763 (Ky. 1998). Therefore, when Collins did not seek relief from his conviction under RCr 11.42 until December 27, 2002, some five years after finality, the circuit court denied his petition as untimely. We now affirm the decision of the circuit court because Collins has failed to establish either of the two aforementioned exceptions to the three-year limitations period.

Com v Gilbert, 2005-ca-001203 -- To Be Published; Affirming -- PDF

The Commonwealth appeals from an order of the Todd Circuit Court granting John David Gilbert’s motion to suppress evidence that the Commonwealth intended to use in its criminal prosecution of him. The issue is whether the evidence must be suppressed because the officer who had stopped Gilbert’s vehicle for a traffic violation continued to detain him for several minutes after the time it would have taken to write a traffic ticket so as to await the arrival of a narcotics-detection dog (K-9 unit). In accordance with Illinois v. Caballes, 543 U.S. 405, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005), we affirm.

Com v Hartsfield, 2005-CA-001209 --Not To Be Published; Reversing and Remanding -- PDF

The Commonwealth of Kentucky appeals from an order of the Fayette Circuit Court dismissing one count of rape and one count of sodomy from an indictment returned against Tyrone Antoine Hartsfield. The circuit court ruled that statements made by the alleged victim, now deceased, were inadmissible because Hartsfield had no opportunity to confront her, and because the statements did not fall within any exceptions to the hearsay rule. For the reasons stated below, we reverse the order on appeal and remand the matter for further proceedings.

Com v Rose, 2005-ca-001211 -- To Be Published; Reversing and Remanding -- PDF

The Commonwealth of Kentucky has appealed from an order of the Estill Circuit Court entered on May 17, 2005, granting Heather Rose’s motion to suppress evidence of an illegal search. Having concluded that the search of the vehicle was a lawful search incident to Rose’s arrest, we reverse and remand for further proceedings.

Com. v Scalf, 2006-ca-000002 -- Not To Be Published; Reversing and Remanding -- PDF

The single question in this appeal is whether the Kenton Circuit Court erred in suppressing evidence obtained in an investigatory stop of appellee Lee Scalf. After a hearing, the trial court concluded that the officers involved in the stop did not possess the requisite level of suspicion to justify a search and seizure and granted Scalf's motion to suppress evidence of contraband found in his pocket. Because we are convinced that the conduct of the officers falls within the parameters of investigative stops set out in well-established caselaw, the order suppressing the evidence obtained from Scalf must be reversed and the case remanded for further proceedings.

Com v Vancleve, 2005-CA-000896 --Not To Be Published; Reversing and Remanding -- PDF

The Commonwealth of Kentucky appeals from an order of the Kenton Circuit Court dismissing an indictment for first-degree sexual abuse brought against appellee Mark Vancleve on the basis that his right to a speedy trial had been violated. Sixth Amendment of United States Constitution; Section 11 of Kentucky Constitution. We reverse.

Cross v Com, 2004-CA-001149 --Not To Be Published; Affirming -- PDF

This matter is before us upon remand by the United States Supreme Court for reconsideration in light of its decision in Davis v. Washington, 547 U.S. ___, 126 S.Ct. 2266, 165 L.Ed.2d 224 (2006). In our previous decision we determined that statements made by the victim in an emergency 911 call were nontestimonial and therefore not subject to the confrontation clause concerns contained in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). Davis addressed Crawford in the context of a 911 call and concluded that such calls are normally nontestimonial and not subject to the rule as stated in Crawford. Upon reviewing this case in light of Davis, we again conclude that the statements made in the 911 call made by the victim in this case were nontestimonial and, accordingly, not subject to exclusion from the trial under the confrontation clause concerns addressed in Crawford. We accordingly affirm.
Return to the Main Table of Cases