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Hall v. Com. ; 2001-SC-000814; Not Published; Affirming In Part, Vacating And Remanding In Part -- PDF

Appellant, Donald Ray Hall, was convicted in Letcher Circuit Court of first-degree assault, first-degree burglary, first-degree stalking, first-degree wanton endangerment, kidnapping accompanied by serious physical injury, theft by unlawful taking and possession of a firearm. by a convicted felon . The convictions stem from Appellant's brutal attack upon Melissa Hall, his former wife.

Hall v. Com., 2002-SC-000260-MR - Not Published, Reversing and Remanding-- PDF

Appellant, Robert L . Hall, Jr., was convicted of one count of first-degree sexual abuse, four counts of first-degree sodomy, two counts of second-degree sodomy, and two counts of third-degree sodomy. For these crimes, he was sentenced to a total of twenty years' imprisonment. He appeals to this Court as a matter of right. On appeal, Hall raises three issues .

Harbin v. Com., 2000-SC-000730-MR & 2001-SC-000177-TG - Published, Affirming, In Part, And Reversing And Remanding, In Part -- PDF

Appellant, Stephon Harbin, was convicted in the Jefferson Circuit Court of firstdegree trafficking in a controlled substance (cocaine), three counts of first-degree wanton endangerment, attempting to elude police, resisting arrest, and of being a firstdegree persistent felony offender. He was sentenced to a total of twenty years imprisonment and appeals to this Court as a matter of right. In addition, Appellant appeals from the circuit court's final order of forfeiture . We affirm the convictions but reverse and remand for a hearing on the forfeiture issue .

Harbin v. Com., 2000-SC-000730-MR and 2001-SC-000177-TG- Not Published, Affirming in Part, and Reversing and Remanding in Part -- PDF

Appellant, Stephon Harbin, was convicted in the Jefferson Circuit Court of firstdegree trafficking in a controlled substance (cocaine), three counts of first-degree wanton endangerment, attempting to elude police, resisting arrest, and of being a firstdegree persistent felony offender. He was sentenced to a total of twenty years imprisonment and appeals to this Court as a matter of right. In addition, Appellant appeals from the circuit court's final order of forfeiture . We affirm the convictions but reverse and remand for a hearing on the forfeiture issue .

Hart v. Com., 2000-SC-0950-DG & - Published, Affirming -- PDF

Appellant, Norman Christopher Hart, was convicted in the Christian Circuit Court for the first-degree rape of a thirteen-year-old female, L.W., and was sentenced to ten years imprisonment. The Court of Appeals affirmed his conviction and this Court thereafter granted discretionary review. For the reasons set forth herein, we affirm the decision of the Court of Appeals .

Herald v. Com., 1998-SC-001025 - Not Published, Affirmed ; -- PDF

In case number 1998-SC-1025-MR, Herald appeals from a judgment based on a jury verdict which convicted him of two counts of first-degree robbery, first-degree sodomy, first-degree attempted sodomy, first-degree rape and being a first-degree persistent felony offender. He was sentenced to a total of forty years in prison. In case number 2002-SC-45-MR, Herald appeals from a judgment that found him competent to stand trial after a retrospective competency hearing . We have consolidated these two appeals in order to render one opinion.

Herald v. Com., 2002-SC-000045 & 1998-SC-1025-MR - Not Published, Affirmed -- PDF

In case number 1998-SC-1025-MR, Herald appeals from a judgment based on a jury verdict which convicted him of two counts of first-degree robbery, first-degree sodomy, first-degree attempted sodomy, first-degree rape and being a first-degree persistent felony offender. He was sentenced to a total of forty years in prison . In case number 2002-SC-45-MR, Herald appeals from a judgment that found him competent to stand trial after a retrospective competency hearing . We have consolidated these two appeals in order to render one opinion.

Heston v. Com. ; 2002-SC-000251-MR; Not Published; Affirmed; -- PDF

Appellant challenges as a matter of right his twenty (20) year sentence for two (2) counts of First-Degree Robbery. Under his plea agreement, Appellant was to receive a ten (10) year sentence, but failed to appear for final sentencing as required by his plea agreement and was sentenced to twenty (20) years imprisonment . Appellant claims that increasing his sentence without an evidentiary hearing and findings regarding his failure to appear violated due process of law. We disagree and affirm .

Hiatt v. Com., 2001-SC-0902-MR - Not Published, Affirming -- PDF

Appellant, Victor Edward Hiatt, was convicted of wanton murder by a Fayette County jury and received a sentence of life imprisonment. His appeal comes before this Court as a matter of right. Ky. Const. § 110(2)(b). Appellant argues on appeal that the trial court erred in instructing the jury on both intentional and wanton murder. We disagree and affirm the conviction .

Higginbottom v. Com., 2002-SC-0718-MR - Not Published, Affirming -- PDF

This appeal is from a judgment based on a jury verdict which convicted Higgenbottom of possession of an open alcoholic beverage container in a motor vehicle, tampering with physical evidence and being a first-degree persistent felony offender. He was sentenced to a total of twenty years in prison.

Hodge v. Com., 2001-SC-000526-MR - Published, Affirming -- PDF

This appeal seeks post-conviction relief from an order denying the RCr 11 .42 motion by Hodge without an evidentiary hearing . Hodge raises numerous arguments as to why an evidentiary hearing is required and claims that he presents unique questions for this Court. Hodge presents six arguments on appeal with multiple sub arguments. This Court has reviewed each of the allegations presented . Among the issues presented is the alleged deficient performance of defense counsel at trial in the investigation and cross-examination of the former wife of Hodge.

Holland v. Com., 1998-SC-0915-MR - Published, Reversing and Remanding -- PDF

A Hardin Circuit Court Jury found Appellant guilty of two (2) counts of Attempted Murder and one (1) count of First-Degree Burglary, fixed Appellant's sentences at fifteen (15), fifteen (15), and ten (10) years, respectively, and recommended that the sentences run consecutively for a total prison sentence of forty (40) years. The trial court entered judgment in accordance with the jury's verdict, and Appellant now appeals to this Court as a matter-of-right.' After a review of the record, we hold that the trial court's jury instructions were prejudicially erroneous, and we thus reverse the Judgment and Order Imposing Sentence and remand the indictment to the Hardin Circuit Court for a new trial.

J. Humfleet v. Com. and C. Humfleet v. Com - 2002-SC-000030-MR -- Not Published; Affirmed -- PDF

Johnny Humfleet and his brother Clifford Humfleet were tried together before a jury on charges of manufacturing methamphetamine in violation of KRS 218A.1432 . Both men were convicted of that charge and sentenced to twenty years in prison . The arguments raised by the defendants in their separate appeals are substantially the same and for that reason we have combined the two cases in order to render one opinion . The questions presented are whether the defendants were entitled to directed verdicts on the manufacturing methamphetamine charge; whether the trial judge erred in failing to instruct the jury on lesser included offenses ; and whether the trial judge exceeded the scope of KRE 614 in his questioning a witnesses.

Humphrey v. Com. - 2002-SC-000437-MR -- Not Published; Affirming -- PDF

This appeal is from a judgment based on a conditional guilty plea pursuant to RCr 8.09 which convicted Humphrey of first-degree arson and eleven counts of seconddegree arson . He was sentenced to a total of twenty years in prison . The sole question presented is whether the trial judge erred by denying the motion of Humphrey to suppress his confession.

Hunt v. Com., 2002-SC-0999-MR - Not Published, Affirming -- PDF

This appeal is from a judgment based on a jury verdict, which convicted Hunt of two counts of first-degree sexual abuse and one count of first-degree sodomy. He was sentenced to a total of fifty years in prison . The questions presented are whether character and other bad acts evidence were improperly admitted into evidence and whether the introduction of an order entered in a collateral proceeding was unduly prejudicial .

Hurt v. Com., 2002-SC-0209-MR - Not Published, Affirming -- PDF

A Jefferson Circuit Court jury convicted Appellant, Paul Hurt, of three counts of sodomy in the first degree and two counts of sexual abuse in the first degree. He was sentenced to concurrent terms of imprisonment for life on each of the sodomy convictions and for five years on each of the sexual abuse convictions .

Hutchinson v. Com., 2002-SC-000626-MR - Not Published, Reversing and Remanding for a new trial -- PDF

This matter-of-right appeal arises from a guilty verdict of a Fayette Circuit Court jury convicting Appellant, Anthony Lamont Hutchinson, of first-degree robbery, two counts of first-degree wanton endangerment, and for being a second-degree persistent felony offender (PFO). We reverse and remand for a new trial.