2007 Unpublished Court of Appeals Opinions Index |
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Dao v Com, 2005-ca-000313
-- Not To Be Published;
Affirming --
PDF Dehart v Com, 2005-ca-002100
-- Not To Be Published;
REVERSING AND REMANDING --
PDF Deboy v Com, 2005-CA-001182
--Not To Be Published;
Affirming --
PDF
On March 19, 2004, in Jefferson County, Kentucky, a 21 count indictment was returned against David Anh
Duy Dao, a medical doctor. On November 18, 2004, Dao was
convicted by a jury of six of fifteen of those counts (six
others were dismissed), namely, complicity in obtaining a
controlled substance (hydrocodone) by fraud. He was sentenced
to a total of two years and eight months (probated for five
years) and ordered to pay a $5,000.00 fine. On appeal Dao raises eight issues. Having examined the record and considered
each issue on its merits, we affirm.
Billy Ray Dehart appeals a judgment following a jury trial in the Perry
Circuit Court convicting him of cultivating marijuana. He primarily argues that the trial
court improperly reversed a pre-trial ruling during trial and allowed introduction of packaged marijuana found in a wooden box on Dehart’s four-wheeler at the time of his
arrest. He further claims that he was entitled to a directed verdict due to the insufficiency
of the evidence and to a new trial based upon persistent errors in the conduct of the trial.
We agree in part and reverse the trial court based on the following reasons.
John D. Deboy appeals from a final
judgment of the Whitley Circuit Court sentencing him to five
years in prison for the crime of possession of a handgun by a
convicted felon, a Class C felony, in violation of Kentucky
Revised Statutes (KRS) 527.040(1). Deboy challenges both the admissibility and sufficiency of the evidence used to convict
him. We affirm.
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