2007 Unpublished Court of Appeals Opinions Index |
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Walker v Com, 2005-CA-001145
--Not To Be Published;
Affirming --
PDF Wheat v Comm. & Cab. for Family/Health Services, 2005-ca-002389-MR
-- To Be Published;
Reversing & Remanding --
PDF Wilson v Com, 2005-CA-002247
--Not To Be Published;
Affirming in Part and Reversing in Part --
PDF Wright v Com, 2005-ca-000568
--Not To Be Published;
Reversing and Remanding --
PDF
Following a three-day jury trial in
Jefferson Circuit Court, Lanelle Walker was convicted of robbery
in the first degree and possession of a controlled substance and
sentenced to ten years’ imprisonment. On appeal, Walker argues
that the circuit court erred when it denied his motion to strike
a juror for cause and when it granted the Commonwealth’s motion to strike another juror for cause. Walker also contends that
the prosecuting attorney engaged in such egregious misconduct
both before and during his trial that he was denied a
fundamentally fair trial.
John Wheat appeals from a Findings of Fact,
Conclusions of Law and Order of the Barren Circuit Court, Family Court Division,
holding him in contempt of court for failing to pay a child support arrearage. The court
imposed a sentence of 180 days in jail, to be suspended on the condition that Wheat begin
paying the arrearage. Wheat argues that DNA testing proved that he is not the biological father of the child in question, and that as such the family court erred in ordering him to
pay any child support. Pursuant to Denzik v. Denzik, 197 S.W.3d 108 (Ky. 2006), issued
after the trial court made its ruling, we reverse and remand the matter to the Barren
Family Court for further findings of fact on one issue, as set out herein.
Thomas L. Wilson has appealed from a final
judgment and sentence of the Breckinridge Circuit Court entered
on October 6, 2005, following a jury verdict finding him guilty
and recommending a sentence of one year and six months in prison. Having concluded that it was not error for the trial
court to deny Wilson’s motion for a directed verdict of
acquittal on two counts of receiving stolen property over
$300.00,3 we affirm in part. Having further concluded that there
was insufficient evidence to convict Wilson on the third count
of receiving stolen property as related to the Combs property,
and that the trial court erred in denying Wilson’s motion for a
directed verdict of acquittal as to that charge, we reverse in
part.
Joshua Wright appeals from a March 2, 2005,
trial order and judgment of the Kenton Circuit Court finding him
guilty of first-degree assault, in violation of KRS 508.010, and
sentencing him as a youthful offender to ten years’
imprisonment. Wright contends that the Commonwealth’s discovery violation compromised his ability to put on a defense and
undermined the fairness of his trial. We agree that the
Commonwealth’s belated, mid-trial disclosure of a statement
Wright made to the arresting officer and the use of that
statement to impeach Wright’s alibi defense was an unfair
surprise and is reasonably likely to have affected the outcome
of Wright’s trial. Accordingly, we must reverse the trial
court’s judgment and remand for additional proceedings.
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