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Neal v. Com. - 2001-SC-000296-MR -- Published; Affirmed -- PDF

This appeal is from a judgment based on a jury verdict which convicted Neal of wanton murder, first-degree robbery and as a second-degree persistent felony offender. He was sentenced to life in prison. The questions presented are whether prison letters were erroneously admitted into evidence ; whether the testimony of a co-defendant was proper; whether purported impeachment evidence was correctly excluded; whether an alleged reference to a polygraph examination was reversible error; whether the jury was properly instructed during the guilt phase; whether the playing of videotapes from the guilt phase at the resentencing was proper; whether Neal was entitled to a mistrial and a discharging of the jury; whether information concerning a prior misdemeanor was correctly admitted into evidence; whether Neal was denied the opportunity to present mitigating evidence ; whether the trial judge correctly answered questions from the jury; whether the jury improperly considered an adjudication from juvenile court during the sentencing phase; and whether the jury was properly instructed on concurrent sentencing .

Newsome v. Com. - 2001-SC-000672-TG --Not Published; Affirmed --PDF

Appellant, Robert Denzil Newsome, was convicted in the Martin Circuit Court of first-degree rape and first-degree sexual abuse. He was sentenced to a total of twenty years imprisonment. Appellant filed a notice of appeal in the Court of Appeals and the case was subsequently transferred to this Court on jurisdictional grounds.' The sole issue presented is whether the trial court erred in admitting the evidence of Appellant's prior violent acts against persons other than the victim .