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Cardine v. Com. ; 2002-SC-000099-DG; Published; Reversed and Remanded; -- PDF

In 1980, Appellant, Jeffery Cardine, was convicted in the Jefferson Circuit Court of three counts of first-degree robbery and was sentenced to a total of forty years imprisonment, to run consecutive to a previous twelve-year sentence. This Court affirmed the convictions in Carding v . Commonwealth , Ky ., 623 S .W.2d 895 (1981). Appellant has filed a number of post-conviction motions, including two motions pursuant to RCr 11 .42, all of which were denied by the trial court .

Catching v. Com., 2002-SC-000799-MR - Not Published, Affirming -- PDF

A Garrard Circuit Court jury convicted Appellant, Reuben Catching, of two counts of trafficking in a controlled substance in the first degree (cocaine) and sentenced him to ten years' imprisonment for each count to run consecutively for a total of twenty years . He appeals to this Court as a matter of right. Ky. Const. § 110(2)(b) . He contends that the trial court erred (1) by admitting largely inaudible audiotape recordings of the two drug sales corresponding to each trafficking count, and (2) by admitting a state informant's prior consistent hearsay statements. Finding no error, we affirm.

Caudill v. Com. and Goforth v. Com., 2000-SC-000296 and 2000-SC-000297 (respectively) - Published, Affirmed -- PDF

Following a trial by jury in the Fayette Circuit Court, Appellants Virginia Susan Caudill and Johnathon Wayne Goforth were each convicted of murder, robbery in the first degree, burglary in the first degree, arson in the second degree, and tampering with physical evidence.

Cecil v. Com.,2002-SC-000252-MR - Not Published, Affirming -- PDF

Appellant, Robert J . Cecil, Jr., was convicted of first-degree rape, first-degree sodomy, and kidnapping by a Bullitt County jury. The jury also found Appellant guilty of being a second-degree persistent felony offender. Appellant was sentenced to forty-two years' imprisonment . This appeal comes before us as a matter of right. Ky. Const. § 110(2)(b) . Appellant assigns the following errors: (1) the trial court erred in admitting evidence of prior sexual offenses; (2) once the evidence of prior sexual offenses was admitted, the trial court failed to provide a limiting instruction to the jury; (3) the trial court erred by determining that the KRS 509 .050 exceptions to kidnapping did not apply to Appellant ; and (4) the trial court erred by refusing to admit evidence that the victim had a venereal disease at the time of the rape . We find no errors and affirm the conviction.

Chambers v. Com., 2001-SC-000088-MR - Not Published, Affirming In Part And Reversing In Part -- PDF

Appellant, Timothy R. Chambers, was convicted in the Greenup Circuit Court of eight counts of criminal attempt to commit an unlawful transaction with a minor, three counts of second-degree sodomy, four counts of use of a minor in a sexual performance, and one count of promoting a sexual performance by a minor. Although the jury recommended that the sentences be served consecutively for a total of two hundred years imprisonment, the trial court imposed a seventy year sentence as required by KRS 532 .110 (1)(c) . The trial court also mandated that Appellant register as a lifetime sex offender. Appellant appeals as a matter of right.

Chatman v. Com., 2002-SC-000717-MR - Not Published, Affirming -- PDF

This appeal is from a judgment based on a jury verdict which convicted Chatman of theft by unlawful taking over $300 and being a first-degree persistent felony offender. He was sentenced to a total of twenty years in prison.

Clark v. Com., 2002-SC-0755-MR - Not Published, Affirming -- PDF

This appeal is from a judgment based on a jury verdict which convicted Clark of murder. After the jury returned its verdict, Clark pled guilty to being a second-degree persistent felony offender and was sentenced to life in prison .

Cobb v. Com., 2002-SC-000052-MR - Not Published, Affirming -- PDF

Appellant, Lonnie Cobb, was convicted in the Fayette Circuit Court of first and second-degree robbery, fourth-degree assault, and of being a first-degree persistent felony offender. He was sentenced to seventy years imprisonment and appeals to this Court as a matter of right .

Cobb v. Com. ; 2002-SC-000406; Published; Affirming In Part, Reversing In Part And Remanding -- PDF

This appeal is from a judgment based on a jury verdict which convicted Cobb of two counts of first-degree trafficking in a controlled substance, second offense. He was sentenced to a total of forty years in prison . The questions presented are whether the verdict form used in the guilt phase was correct; whether the failure to instruct the jury on concurrent or consecutive sentences is palpable error; whether it was palpable error to instruct the jury to recommend a sentence within the enhanced penalty range without expressly finding Cobb guilty of being a subsequent offender; whether Cobb was entitled to a directed verdict; and whether the trial judge erred in not continuing the formal sentencing of Cobb .

Cochran v. Com., 2001-SC-0738-MR - Published, Affirming -- PDF

Appellant, Ewell Cochran, was convicted of three counts of first-degree burglary, one count of second-degree burglary, and ten counts of third-degree burglary. He was sentenced to a total of fifty years' imprisonment and appeals to this Court as a matter of right. Ky. Const. § 110(2)(b) . On appeal, he argues that his conviction for seconddegree burglary must be reversed because the house of a recently deceased owner and sole resident is not a "dwelling" within the meaning of the burglary statutes.

Com. v. Brandenburg, 2001-SC-0722-DG - Published, Affirming and Remanding -- PDF

Elizabeth Brandenburg was indicted for one count of trafficking in a controlled substance, one count of possession of drug paraphernalia, and one count of possession of marijuana in the Lee Circuit Court. She entered a conditional guilty plea to the charges after the trial court refused her motion to suppress the evidence recovered during the search of her home pursuant to a search warrant issued by the Lee District Court trial commissioner, .Margie Shuler. Brandenburg argued at the suppression hearing that the trial commissioner was not a neutral and detached magistrate because the trial commissioner's husband was employed by the Lee County Commonwealth Attorney's office as the Victim Advocate. The trial court overruled Brandenburg's motion to suppress . The Court of Appeals reversed the trial court and held that the trial commissioner was not a neutral and detached magistrate.

Com. v. Hale; 1999-SC-000120-DG; Published; Reversed and Remanded; --PDF

While in Kentucky on work release from a federal prison sentence, Appellee committed and was convicted of a Kentucky felony offense for which the Pulaski Circuit Court sentenced him to serve four (4) years in the custody of the Kentucky Department of Corrections. Following Appellee's final sentencing for the Kentucky conviction, Pulaski County Detention Center ("PCDC") employees, acting without authorization, delivered Appellee into the custody of federal authorities who subsequently transported Appellee to a federal prison to recommence service of his federal sentence .

Com. v. Isham; 2001-SC-000692-DG; Published; Reversed and Remanded;PDF

The Commonwealth, the appellant herein, appeals an opinion of the Court of Appeals which reinstated an order of the Fayette District Court dismissing a criminal complaint for terroristic threatening filed against Jeffrey A. Isham, the appellee . We reverse .

Com. v. McManus and Keister, 2001-SC-000312 - Published, Affirming In Part, Reversing In Part, And Remanding -- PDF

On July 30, 1998, Jon Hayden, a McCracken County Deputy Sheriff, received information that McManus and Keister, the appellees herein, were cultivating marijuana at the residence they shared in Paducah, Kentucky. This information was relayed to Hayden by an officer of the Murray Police Department, who had received said information from Keister's estranged wife. The address of the residence, 938 Lorine Lane, was located via a civil summons previously served on Keister.

Cranmer v. Com., 2000-SC-000778 - Not Published, Affirming In Part, Reversing And Remanding In Part -- PDF

A Nelson Circuit Court Jury found Appellant guilty of First-Degree Assault, Driving While Under the Influence of Alcohol (DUI), and found him to be a First-Degree Persistent Felony Offender (PFO). The jury recommended a twenty (20) year sentence for the assault conviction, enhanced to forty (40) years because of the PFO finding. In addition, Appellant received a thirty (30) day sentence and five hundred dollar ($500) fine for the DUI conviction.' The trial court entered judgment in accordance with the jury's recommendation, and Appellant thus appeals to this Court as a matter-of-right .2 After a review of the record, we find that the trial court committed reversible error by admitting habit evidence, and therefore, we reverse the assault conviction and remand that charge to the Nelson Circuit Court for retrial. We affirm the DUI conviction.

Crawley v. Com., 2001-SC-0462-MR - Not Published, Affirming -- PDF

A Fayette Circuit Court jury found Appellant guilty of one (1) count of Speeding and two (2) counts of Felony Theft by Deception and found him to be a First-Degree Persistent Felony Offender ("PFO"). The jury fixed Appellant's punishment at a fine for the Speeding offense and PFO-enhanced sentences of eighteen (18) years for each count of Theft by Deception . At final sentencing, the trial court sentenced Appellant to three (3) days in lieu of the Speeding fine and reduced Appellant's sentence for each Theft by Deception conviction to ten (10) years, but ordered the felony sentences to run consecutively for a total sentence of twenty (20) years. Appellant thus appeals to this Court as a matter of right' and argues that he was entitled to directed verdicts of acquittal on the Theft by Deception charges because the Commonwealth failed to introduce sufficient evidence of his criminal intent. After a review of the record, we affirm the judgment of the Fayette Circuit Court.

Crawley v. Com., 2001-SC-000002 - Published, Reversed & Remanded -- PDF

Appellant, Ronald Douglas Crawley, was convicted in the Fayette Circuit Court of first-degree robbery and of being a first-degree persistent felony offender (PFO) for participating in the armed robbery of Thee Clubhouse, an adult dancing establishment in Lexington, Kentucky. Appellant was sentenced to twenty-five years imprisonment and appeals to this Court as a matter of right. Ky. Const . § 110(2)(b) . Appellant advances four issues on appeal, namely that: (1) he was improperly denied his right to testify on his own behalf; (2) the jury instructions for complicity to robbery did not include the element of intent; (3) he was effectively denied the ability to call a witness to testify about a co-conspirator's motive to lie; and (4) the Commonwealth failed to provide notice of its intention to introduce evidence of Appellant's prior bad acts pursuant to KRE 404(c).

Cunnigham v. Com., 2002-SC-0760-TG - Not Published, Affirming -- PDF

This appeal is from a judgment based on a jury verdict, which convicted Cunningham of first-degree trafficking in a controlled substance and being a seconddegree persistent felony offender. He was sentenced to a total of twenty years in prison .

Curry v. Com.; 2001-SC-000530-MR; Not Published; Affirmed --PDF

Appellant Erric Curry was convicted of one count of first degree assault for stabbing a person in the neck with a broken bottle and one count of being a persistent felony offender in the first degree. He was sentenced to twenty years in prison, and appeals to this Court as a matter of right. Ky. Const. § 110(2)(b). Appellant's only argument on appeal is that the victim consultation provision of KRS 421 .500(6) is unconstitutional .