2007 Unpublished Court of Appeals Opinions Index

Table of Cases
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Park v Com, 2006-ca-000145 -- To Be Published; Affirming -- PDF

Adrienne Park appeals from the Jefferson Circuit Court’s judgment sentencing her after she entered a conditional guilty plea to five counts of theft by deception (TBD) over $300, and one count of attempted TBD over $300. Park argues on appeal that the circuit court erred by failing to dismiss the charges against her pursuant to KRS 368.100(16),2 which exempts individuals who have entered into deferred deposit transactions from being convicted of TBD. For the following reasons, we affirm.

Patton v Com, 2005-CA-001044 --Not To Be Published; Affirming -- PDF

This is an appeal from a judgment pursuant to a jury verdict convicting appellant of first-degree rape. Appellant’s sole argument on appeal is that there was insufficient evidence to support the conviction. From our review of the trial, the trial court properly denied the motion for directed verdict because there was sufficient evidence that appellant forced the victim to have sexual intercourse. Thus, we affirm.

Powers v Com, 2005-CA-001717 --Not To Be Published; Affirming -- PDF

This is an appeal from an order denying appellant’s RCr 11.42 motion alleging ineffective assistance of counsel for failing to object to inadmissible testimony that improperly bolstered the testimony of a Commonwealth witness.Upon review of the trial record, we adjudge that defense counsel’s performance was not deficient for failing to object to the testimony at issue and that the outcome would not have been different even if counsel had made the objection. Thus, we affirm.

Powers v Com, 2006-ca-000117 -- Not To Be Published; Affirming -- PDF

On November 25, 2003, a Hardin County grand jury indicted Joseph D. Powers on one count of first-degree assault and two counts of terroristic threatening. The matter proceeded to a jury trial in October 2005. At the conclusion of the evidence, the jury found Powers guilty on all three counts. The jury fixed Powers' sentence at a total of thirteen years' imprisonment, which the trial court imposed.

Prater v Com, 2005-ca-001072 -- Not To Be Published; Affirming -- PDF

Jody Prater appeals from a Magoffin Circuit Court judgment sentencing her to serve ten years in prison following conviction by a jury for assault, three counts of wanton endangerment and operating a motor vehicle under the influence. Prater contends that the circuit court erred when it failed to declare a mistrial following an improper statement by the Commonwealth’s attorney during voir dire referring to her prior driving under the influence conviction, in denying her motion for a new trial, and in denying her motion for a directed verdict based on insufficient evidence.

Prather v Com, 2006-ca-000649 -- Not To Be Published; Affirming -- PDF

Samuel Ray Prather, II entered a conditional plea of guilty to the following: (1) possession of a controlled substance; (2) being a convicted felon in possession of a handgun; (3) possession of drug paraphernalia; and (4) driving on a suspended license. He alleges that the circuit court erred when it denied his motion to suppress evidence obtained as the result of a search of the passenger compartment and trunk of his automobile. We find that the search of the passenger compartment was pursuant to a valid arrest and that the officer had probable cause to search the trunk; we, therefore, affirm.

Prescott v Com, 2006-CA-000383 -- Not To Be Published; Affirming -- PDF

Kit Prescott appeals from an order of the Hardin Circuit Court revoking his probation and sentencing him to twenty years' imprisonment. Prescott argues the trial court denied him due process by revoking his probation after a hearing because the Commonwealth failed to introduce sufficient evidence that he possessed an illegal controlled substance. We disagree and affirm the trial court.

Pritchard v Com, 2006-ca-000686 --Not To Be Published; Affirming -- PDF

James Pritchard appeals from the denial by the Hardin Circuit Court of his RCr 11.42 motion for a new trial, following his conviction of Robbery 1st Degree. For the reasons stated below, we affirm.
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