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Adkins et. al v. Com.,2001-SC-000086-MR Published; Affirmed --PDF

Appellant Kalton Adkins was convicted by a Pike Circuit Court jury of murder, first-degree robbery, and first-degree burglary, and was sentenced to a total of seventy years in prison . He appeals to this Court as a matter of right, Ky. Const. § 110(2)(b), contending that the trial court erred by (1) overruling his motion for a directed verdict of acquittal ; (2) failing to suppress evidence obtained as a result of an investigatory stop and frisk ; (3) permitting a witness to testify for the Commonwealth knowing that she would invoke her Fifth Amendment privilege against self-incrimination on crossexamination ; (4) admitting incriminating statements made by Appellant to his brother after he had invoked his Miranda rights; (5) permitting the Commonwealth to introduce evidence of his illegal drug activity and other bad acts in violation of KRE 404(b); (6) permitting the Commonwealth to introduce inflammatory evidence in an abuse of discretion under KRE 403 ; and (7) failing to dismiss a juror after being informed that she may have given false information during voir dire.

Allen v. Com., 1999-SC-000897-MR Not Published; Affirmed --PDF

A circuit court jury found Appellant, Denver Dennis Allen, guilty of two counts of first-degree sodomy: count one being that Appellant committed first-degree sodomy against K.M. and count two being that he committed first-degree sodomy against N .B. Accordingly, he was sentenced "to two terms of twenty-three years imprisonment, to run concurrently . He now seeks to have this Court reverse both convictions and remand his case for a new trial on both counts or, alternatively, reverse and remand the first-degree sodomy conviction with respect to K.M .

Allen v. Com. ; 2001-SC-000525-MR; Not Published; Affirming In Part, Reversing And Remanding In Part -- PDF

Appellant, Richard Allen, was convicted in the Jefferson Circuit Court of firstdegree rape, first-degree sodomy, and first-degree sexual abuse . He was sentenced to a total of seventy-five years imprisonment and appeals to this Court as a matter of right. Finding no error, we affirm .

Allen v. Com., 2002-SC-000563 - Not Published, Reversed -- PDF -

In 1998, Appellant, Michael Dean Allen, was convicted in the Mercer Circuit Court after a plea of guilty to one count of first-degree sexual abuse and one count of possession of a forged instrument. Prior to his release from custody in May 1999, he was ordered to undergo a sex offender risk assessment. He appeals claiming denial of due process because the trial court classified him as a high risk offender following a hearing in which Appellant's attorney was not afforded: (1) prior review of the risk assessment report; (2) the opportunity to cross-examine the author of the risk assessment report ; and (3) the opportunity to call experts to refute the report's conclusions . The Court of Appeals affirmed the trial court,

Anderson v. Com., 2000-SC-000373 - Published, Reversed & Remanded -- PDF

Appellant, Terry Anderson, was convicted of second-degree assault and the jury recommended a sentence of five years' imprisonment. Before sentence was imposed, the trial court granted Anderson's motion for a new trial on grounds that one of the jurors in his trial was a prior felon who was not qualified to sit as a juror. The Court of Appeals reversed . We granted discretionary review to decide the issue of whether the Governor's restoration of the rights of the juror in question included the right to sit as a juror. For the reasons stated below, we reverse the Court of Appeals . Court.

Anderson v. Com., 2002-SC-000227-MR - Not Published, Affirming -- PDF

Appellant, Michael D. Anderson, Jr., was convicted by a Henderson Circuit Court jury of wanton murder and sentenced to forty-six years in prison. He appeals to this Court as a matter of right, Ky. Const. §110(2)(b), claiming that (1) the trial court erroneously refused to strike three jurors for cause; (2) the evidence at trial was insufficient to support a conviction of wanton murder; and (3) the trial court erroneously permitted the Commonwealth to introduce evidence in chief during rebuttal. We affirm .

Anderson v. Com., 2000-SC-0435-MR - Not Published, Affirming in part, Reversing in part and Remanding -- PDF

Robert Anderson was convicted of one count of manufacturing methamphetamine in violation of KRS 218A.1432 and was sentenced to twenty years in prison . Anderson raises a number of issues on appeal including the constitutionality of KRS 218A.1432. For the reasons set forth below, we affirm his conviction but reverse his sentence and remand for a new sentencing hearing .