2003 Kentucky Supreme Court Opinions Index

Table of Cases
B

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.


Baker v. Com. ; 2001-SC-000504; Published; Affirmed; -- PDF

Appellant, Edward Leon Baker, was convicted in the Madison Circuit Court of two counts of using a minor in a sexual performance . He was sentenced to a total of thirty years imprisonment and appeals to this Court as a matter of right. Finding no error, we affirm .

Beasley v. Com., 2001-SC-000539-MR - Not Published, Affirming in Part, and Reversing and Remanding in Part -- PDF

After a jury trial, Appellant was convicted of First-Degree Criminal Abuse, two counts of First-Degree Assault, Third-Degree Criminal Mischief, and two counts of Second-Degree Escape. He was further found to be a Second-Degree Persistent Felony Offender ("PFO"), and he received : (1) an enhanced sentence of ten (10) years on the First-Degree Criminal Abuse conviction ; (2) an enhanced sentence of twenty (20) years on each First-Degree Assault conviction ; (3) a sentence of ninety (90) days on the Third-Degree Criminal Mischief conviction, and (4) a sentence of one (1) year on each Second-Degree Escape conviction.

Beaty v. Com., 2001-SC-0890-MR - Published, Affirming in Part and Reversing and Remanding in Part -- PDF

Appellant, Roger Beaty, was convicted by a Logan Circuit Court jury of five counts related to the possession, trafficking, or manufacturing of illegal drugs and drug paraphernalia and one count of operating a vehicle under the influence of alcohol or an impairing substance (DUI). All sentences imposed for those convictions were ordered to run concurrently for a total of twenty years imprisonment.

Bell v. Com., 2002-SC-0117-DG - Published, Affirming in Part and Reversing and Remanding in Part -- PDF

Appellant fled on foot from a uniformed Lexington Police Department officer who had attempted to stop Appellant and a companion because the young men matched the descriptions of suspects who were sought in connection with a First-Degree Robbery.

Berry v. Com., 2001-SC-0457-MR; - Not Published, Affirming -- PDF

Appellant, Steven Berry, was convicted by a Fayette Circuit Court jury of murder, tampering with physical evidence, first-degree stalking, and two counts of violating an emergency protective order (EPO)... He was sentenced to life imprisonment without the possibility of parole for twenty-five years for murder, one year each for tampering with physical evidence and stalking, and twelve months for each EPO conviction, with each sentence to run concurrently with the others.

Blackford v. Com., 2002-SC-000358-MR - Not Published, Affirming -- PDF

Appellant, Bobby Lee Blackford, Sr., was convicted by a jury in the Fayette Circuit Court of second-degree burglary and of the status offense of first-degree persistent felony offender. The final judgment sentenced him to a twenty-year term of imprisonment. He appeals to this Court as a matter of right.

Boggess v. Com.; 2001-SC-000263-MR; Not Published; Affirmed -- PDF

Appellant, Bradley Boggess, was convicted by a Graves Circuit Court jury of wanton murder and first-degree wanton endangerment. Appellant was sentenced to twenty years' imprisonment and five years' imprisonment, respectively . He appeals to this Court as a matter of right. We affirm.

Bowden v. Com., 2002-SC-0378-MR - Not Published, Affirming -- PDF

This appeal is from a judgment based on a jury verdict, which convicted Bowden of kidnapping, first-degree sexual abuse, resisting arrest and being a second-degree persistent felony offender. He was sentenced to a total of forty years in prison . The sole question presented is whether the kidnapping exemption in KRS 509.050 applied to preclude Bowden's conviction for kidnapping.

Brasher v. Com.; 2000-SC-000130-MR; Not Published; Reversed and Remanded -- PDF

Appellant, Terrance Brasher, was convicted of manslaughter in the second degree, trafficking in the first degree while in possession of a firearm, and tampering with physical evidence. Appellant was sentenced to ten years, thirteen years, and one year respectively on each of the convictions . The sentences run consecutively and result in a period of incarceration totaling twenty-four years. Appellant now brings this appeal as a matter of right. Ky. Const. § 110(2)(b) . For the reasons set forth herein, we reverse and remand.

Brooks v. Com., 2001-SC-0458-MR - Published, Affirming -- PDF

This appeal is from a judgment based on a jury verdict which convicted Brooks of criminal attempt to commit murder, first-degree robbery and two counts of seconddegree unlawful transaction with a minor. He was found to be a second-degree persistent felony offender and his sentence was enhanced to a total of 70 years in prison .

Bruce v. Com., 2002-SC-0482-MR - Not Published, Affirming -- PDF

Appellant pled guilty to criminal attempt to commit murder, first-degree robbery, and theft by unlawful taking over $300, and received a thirty-year sentence pursuant to a plea agreement with the Commonwealth.

Brumfield v. Com., 2001-SC-0851-MR - Not Published, Affirming -- PDF

Appellant, Virgil Nolan Brumfield, Jr., was convicted in the Jefferson Circuit Court of manslaughter in the first-degree and of being a persistent felony offender in the second-degree . He was sentenced to a total of thirty (30) years imprisonment and appeals to this Court as a matter of right.

Burchett v. Com.; 2000-SC-000179-DG; Published; Reversed and Remanded; -- PDF

As the result of a fatal automobile collision, Appellant, George Burchett, Jr., was convicted by a Green Circuit Court jury of reckless homicide, for which he received a sentence of five years' imprisonment. Burchett appealed his conviction to the Court of Appeals and that court affirmed . We granted discretionary review to consider the only issue raised on appeal : whether evidence that a defendant smoked marijuana on a daily basis is admissible to prove that he smoked marijuana on the day of the collision . For the reasons discussed below, we hold this evidence to be inadmissible; accordingly, we reverse and remand this case to the circuit court .

Burkhart v. Com., 2002-SC-0405-MR - Published, Affirming -- PDF

Having heard the evidence, a jury of the Laurel Circuit Court found Appellant guilty of first degree criminal mischief, owning or operating a motor vehicle without insurance, and leaving the scene of an accident, but not guilty of operating a vehicle while under the influence of intoxicants. The jury fixed the combined sentences for theses offenses at one year and ten days. However, because the jury also found Appellant to be a persistent felony offender in the first degree, they enhanced his sentence to twenty years.
Return to the Main Table of Cases