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Madding v. Com., 2001-SC-0570-MR - Not Published, Affirming in Part, Vacating in Part -- PDF

Appellant, Eddie Madding, was convicted by a Fulton Circuit Court jury of possession of anhydrous ammonia in an unapproved container, manufacturing methamphetamine, wanton endangerment in the first degree, and of being a persistent felony offender in the first degree . He was sentenced to a total of twenty-two years in prison and appeals to this Court as a matter of right.

Martin et. al v. Com. - 2000-SC-001101-DG -- Published; Affirmed --PDF

This concludes the second chapter of this protracted investigation and prosecution of alleged election campaign finance law violations during the 1995 Kentucky gubernatorial election campaign . In chapter one, we upheld the authority of the grand jury to investigate and return indictments for such violations . Democratic Party of Kentucky v. Graham, Ky., 976 S .W.2d 423 (1998). Today, we hold that the statutes under which Appellants now stand indicted are neither unconstitutional as applied nor unconstitutionally vague or overbroad .

McCreery v. Com., 2002-SC-0497-MR - Not Published, Affirming -- PDF

The sole question presented in this appeal is whether the trial court erred in denying Appellant's motion for a mistrial . We affirm . On January 19, 2001, Appellant, Jason W. McCreery, was indicted by the Hardin County grand jury on two counts of Class A felony first-degree sodomy charges. Count I alleged Appellant committed the offense of first-degree sodomy by engaging in deviate sexual intercourse with C .H ., his minor stepson . Count II alleged that Appellant committed the same against W.W., his minor stepdaughter.

McGoffney v. Com., 2001-SC-000353-MR - Not Published, Affirming -- PDF

Appellant, Geremy N . ("Speedy") McGoffney, was convicted in the Fayette Circuit Court of murder and tampering with physical evidence and sentenced to a total of thirty-five years imprisonment.

McGorman v. Com. ; 2001-SC-000783; Not Published; Affirming -- PDF

Appellant, Christopher McGorman, was convicted in the Madison Circuit Court of Murder, First-Degree Burglary, and Defacing a Firearm . Appellant was sentenced to life, ten years, and twelve months, respectively, with each sentence to run concurrently . At the time of the crimes, Appellant was fourteen years old but was tried and convicted as an adult under the Youthful Offender Act. The primary issue at trial was Appellant's insanity. He appeals to this Court as a matter of right. Ky . Const. § 110(2)(b) .

McNeese v. Com.; 2001-SC-000863-MR; Not Published; Affirmed -- PDF

Appellant, Robert L. McNeese, appeals his conviction for theft of services over $300 and for being a first-degree persistent felony offender (PFO) . Appellant was sentenced by the Fayette Circuit Court to five years imprisonment on the theft of services conviction, which was enhanced to twenty years as a result of the PFO I conviction.

Meadows v. Com. ; 2000-SC-000997-MR; Not Published; Affirmed -- PDF

Appellant, Robert Meadows, was convicted in Jefferson Circuit Court of firstdegree assault and first-degree criminal abuse and received a sentence of thirty years imprisonment for shaking injuries inflicted on a four month old infant .' Appellant appeals to this Court as a matter of right.

Meredith v. Com., 2002-SC-000741-MR - Not Published, Affirming in part, and Reversing in part -- PDF

Appellant, Richard Allen Meredith, was convicted in the Jefferson Circuit Court of complicity to commit murder and complicity to commit first-degree robbery for his involvement in the November 2000, robbery of Harold's Hubcaps and shooting death of owner, Harold Smith, in Louisville, Kentucky.

Merriweather v. Com. ; 2001-SC-001050-MR; Published; Reversed and Remanded -- PDF

Appellant, James Merriweather, was convicted in the Adair Circuit Court of first-degree burglary, first-degree criminal mischief, and of being a first-degree persistent felony offender. He was sentenced to a total of twenty-five years imprisonment and appeals to this Court as a matter of right. For the reasons set forth herein, we affirm the burglary and criminal mischief convictions; however, we reverse the PFO conviction and remand the matter to the circuit court for further proceedings in accordance with this opinion .

Miller v. Com., 2001-SC-1010-MR - Not Published, Affirming -- PDF

Appellant, Michael Miller, was convicted by a Breathitt Circuit Court jury of two counts of second-degree manslaughter. He was sentenced to a total of twenty years in prison and appeals to this Court as a matter of right, Ky. Const. §110(2)(b), claiming that (1) he was denied his constitutional right to a fair trial due to improper comments made by the prosecutor during closing argument in the guilt phase of the trial ; and (2) the Commonwealth was erroneously allowed to present testimony from the mothers of both victims as victim impact evidence during the penalty phase of his trial . Finding no error, we affirm .

Moe v. Com. ; 2002-SC-000822; Not Published; Affirmed -- PDF

This appeal is from a judgment based on a jury verdict which convicted Moe of first-degree manslaughter, assault under extreme emotional disturbance and first-degree assault. He was sentenced to a total of thirty-four years in prison . The questions presented are whether Moe was denied a fair trial because of the alleged mishandling of exculpatory evidence by the police; whether telephone records were properly excluded as a jury exhibit ; whether Moe was entitled to a directed verdict of acquittal ; whether a prior criminal complaint against one of the victims was properly excluded; whether the alleged inconsistent jury verdicts require reversal and whether the jury verdict was supported by credible and competent proof.

Morgan v. Com. - 2000-SC-000689-MR; -- Not Published; Affirmed; -- PDF

In July of 2000, Appellant, Scottie Morgan, was tried by a jury and convicted of manufacturing methamphetamine, KRS 218A.1432 (a class B felony), operating a motor vehicle with license suspended, KRS 186 .620(2) (a class B misdemeanor), and being a persistent felony offender in the second degree, KRS 532.080(2). He was sentenced to twenty-five years imprisonment.

Morris v. Com. - 2001-SC-000282-MR; Not Published; Reversed and Remanded --PDF

Appellant, Joe Morris, was convicted of one count of First-Degree Rape and two counts of First-Degree Sexual Abuse. He was sentenced to thirty-five years' imprisonment on the rape charge and five years' imprisonment on each sexual abuse charge, with the sentences to be served consecutively for a total of 45 years . He appeals to this Court as a matter of right . We reverse and remand .

Murphy v. Com., 2000-SC-000015 - Not Published, Affirmed ; -- PDF

A McCracken Circuit Court jury found Appellant guilty but mentally ill of Murder and felony Theft by Unlawful Taking (TBUT) and recommended concurrent sentences of life imprisonment and one (1) year. The trial court entered judgment in accordance with the jury's recommendation, and Appellant appeals to this Court as a matter of right. After a review of the record, we affirm the judgment of the McCracken Circuit Court.