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Parrish v. Com., 2001-SC-000192-MR - Published, Affirming -- PDF

Parrish was found guilty by a jury of intentionally murdering his cousin, Rhonda Allen, and her ten-year-old son, LaShawn, on December 5, 1997. He was also found guilty of attempting to murder Rhonda's five-year-old son, Jonathan . These crimes were committed in the course of a robbery. He was sentenced to death for the murder of the child ; life without parole for the murder of the female victim ; 20 years enhanced to life for the attempted murder of the second child, and 20 years enhanced to 50 years for the robbery.

Pennington v. Com. and Asbury v. Com.; 2001-SC-000906-MR; Not Published; Affirmed -- PDF

Appellants Brian Asbury and Carl Pennington, Jr. were convicted of first-degree rape of a child under the age of twelve, KRS 510 .040(1)(b)(2), and received sentences of forty and thirty-five years imprisonment, respectively . They appeal to this Court as a matter of right, Ky. Const. § 110(2)(b), proceeding as a single appellant, CR 73 .01(3). They contend that the trial court erred by (1) allowing the victim's emergency room doctor and therapist to repeat certain out-of-court statements made by the child pursuant to KRE 803(4); and (2) failing to allow Appellants to use substantively the trial court's ruling that the child victim was incompetent to testify . We affirm.

Phillips v. Com.; 2000-SC-000661-MR; Not Published; Reversed and Remanded; -- PDF

This appeal is from a judgment based on a jury verdict which convicted Phillips of murder and possession of a handgun by a convicted felon . He was sentenced to life in prison . The questions presented are whether the jury instructions were correct and whether bad act evidence was improperly admitted .

Plotnick v. Com., 2001-SC-001014 - Not Published, Affirmed -- PDF

Appellant, Samuel Plotnick, was convicted of First-Degree Sodomy in the Whitley Circuit Court and sentenced to the minimum of twenty years imprisonment. The charge stemmed from an allegation by the four-year old child of Appellant's estranged girlfriend, that Appellant had "stuck a tent pole up [his] butt." Appellant appeals his conviction to this Court as a matter of right.

Price v. Com., 2001-SC-001023-MR - Not Published, Affirming -- PDF

Appellant was convicted of multiple sexual offenses by a Hopkins Circuit Court jury: five (5) counts of First-Degree Sexual Abuse; one (1) count of First-Degree Sodomy; one (1) count of Attempted First-Degree Rape; and two (2) counts of First Degree Rape. The trial court sentenced Appellant to an aggregate of sixty nine (69) years in prison, and he appeals to this Court as a matter of right.' Appellant contends that he was entitled to a directed verdict of acquittal on all counts because the prosecution failed to produce sufficient evidence establishing forcible compulsion.