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Schoenbackler v. Com.; 2000-SC-000109-DG; Published; Affirmed; -- PDF

A Bullitt County Circuit Court jury found Appellant guilty of Flagrant Nonsupport' and fixed his punishment at the minimum prison sentence of one year. At final . sentencing, the trial court imposed judgment in accordance with the jury's verdict . In Appellant's matter-of-right appeal to the Court of Appeals, he took issue with the sufficiency of the Commonwealth's evidence.

Schrimsher V Com., 2004-SC-000544-MR -To Be Published, Affirming -- PDF

A McCracken Circuit Court jury convicted Appellant, Joseph Michael Schrimsher, of three counts of wanton assault in the first degree, KRS 508 .010(1)(b), one count of wanton assault in the second degree, KRS 508.020(1)(c), and one count of criminal abuse in the first degree, KRS 508.100. He was sentenced to twenty years for each conviction of first-degree assault and ten years for the conviction of second-degree assault, to be served concurrently, and an additional ten years for the conviction of criminal abuse, to be served consecutively, for a total of thirty years in prison. He appeals to this Court as a matter of right. Ky. Const. § 110(2)(b)

Scott v. Com., 2004-SC-000310-MR -Not To Be Published,Affirming -- PDF -

Appellant, Leslie Leon Scott, was indicted by a Casey County Grand Jury for three counts of wanton murder, first-degree assault and operating a motor vehicle 'while under the influence . The indictment arose from an automobile accident that claimed the lives of Raymond Reynolds, Mary Reynolds, and Robert Miller, and severely injured Elizabeth Thompson . The jury found Appellant guilty but mentally ill of three counts of second-degree manslaughter, a lesser included offense of wanton murder, and guilty but mentally ill of one count of first-degree assault. The trial court dismissed the other charge, operating a motor vehicle under the influence of intoxicants, before it reached the jury. After finding Appellant guilty, the jury recommended consecutive sentences of ten (10) years for each of the three (3) manslaughter convictions and twenty (20) years for the first-degree assault conviction . Judgment was imposed in accordance with the jury verdict and sentencing recommendation for a total of fifty (50) years. Appellant appeals to this Court as a matter of right.'

Shavers v. Com., 2001-SC-000923-MR - Not Published, Affirming -- PDF

Appellant, Jason Shavers, was tried as a youthful offender and convicted in the Jefferson. Circuit Court of murder, first-degree burglary, first-degree robbery, and tampering with physical evidence. He was sentenced to terms of fifty (50), ten (10), ten (10), and five (5) years respectively, with the robbery and burglary counts to run concurrently with one another and consecutively with all other counts for a total of sixtyfive (65) years imprisonment .

Shavers v. Com., 2001-SC-000232-MR - Not Published, Affirming -- PDF

Appellant, Jason Shavers, was tried as a youthful offender and convicted in the Jefferson. Circuit Court of murder, first-degree burglary, first-degree robbery, and tampering with physical evidence. He was sentenced to terms of fifty (50), ten (10), ten (10), and five (5) years respectively, with the robbery and burglary counts to run concurrently with one another and consecutively with all other counts for a total of sixty five (65) years imprisonment .

Shields v. F. Kenneth Conliffe, Judge, Jefferson Circuit Court and Com.; 2002-SC-000885-MR; Not Published; Affirming; -- PDF

Appellant, Rodney Lanear Shields, was convicted of first-degree robbery and of being a persistent felony offender in the second degree and was sentenced to twelve years' imprisonment, which was enhanced to thirty-two years. Shields v. Commonwealth , Ky., 812 S .W .2d 152 (1991) . His conviction was affirmed on direct appeal to this Court. Id . at 153. In 2001, Shields filed a CR 60 .02 motion to vacate the judgment against him on grounds that our decision in Lawson v. Commonwealth, Ky., 53 S .W.3d 534 (2001), which overruled Shields, supra, rendered the judgment against him void . The trial court denied the motion without an evidentiary hearing . Instead of appealing this decision, Shields petitioned the Court of Appeals for a writ of prohibition . The Court of Appeals denied the writ . Now, Shields appeals the adverse decision of the Court of Appeals to this Court.

Shirley v Com., 2005-SC-000503-MR - Not To Be Published,Affirming -- PDF

Appellant, Robert E . Shirley, was convicted in the Warren Circuit Court of wanton murder. He was sentenced to twenty years' imprisonment and appeals to this Court as a matter of right . Finding no error, we affirm.

Shores v. Com., 2002-SC-000033 - Not Published, Affirming -- PDF

Appellant, Charles O'Dell Shores, was convicted of murder and first-degree robbery following a jury trial in the Whitley Circuit Court. The jury recommended that Appellant serve consecutive sentences of fifty years and ten years respectively. The trial court entered its final judgment in accordance with the jury's recommendation and sentenced Appellant to a term of imprisonment in the state penitentiary totaling sixty years . He therefore brings this appeal as a matter of right . Ky. Const. § 110(2)(b) .

Simmons v. Com.; 2001-SC-000572-MR; Not Published; Affirmed -- PDF

Appellant Debra Ann Simmons was convicted by a Hart Circuit Court jury of two counts of trafficking in cocaine and one count of being a persistent felony offender in the second degree, and sentenced to a total of twenty years in prison. She appeals to this Court as a matter of right, Ky. Const. § 110(2)(b), contending that the trial court erred by (1) failing to grant a directed verdict as to one of the cocaine trafficking counts due to a problem in the labeling of the cocaine evidence ; and (2) allowing the Commonwealth to peremptorily strike the only remaining African-American member of the jury panel. We affirm.

Simmons II v Com., 2004-SC-000057-MR - To Be Published,Affirming -- PDF

This appeal is from a decision of the Jefferson Circuit Court which denied the motion by Simmons for RCr 11 .42 relief. Originally, Simmons was convicted of three counts of first-degree murder, three counts of first-degree rape, one count of attempted murder, one count of attempted rape, and four counts of kidnapping . He was sentenced to death for each of the murders and for three counts of kidnapping ; twenty years for the attempted murder; ten years for the attempted rape; and twenty years for the fourth kidnapping count. His convictions and sentences were affirmed on direct appeal. Simmons v. Commonwealth, 746 S.W.2d 393 (Ky . 1988). Thereafter, he filed an RCr 11 .42 motion requesting the trial court to vacate his convictions . After a 9-day evidentiary hearing, the trial judge denied the RCr 11 .42 motion. In this appeal, Simmons raises 15 assignments of alleged error arising out of the denial of the RCr 11 .42 motion . We shall review each of the issues presented.

Simmons III v Com., 1989-SC-000736-MR - To Be Published, Affirming -- PDF

This appeal is from a decision of the Jefferson Circuit Court which denied the motion by Simmons for RCr 11 .42 relief. Originally, Simmons was convicted of three counts of first-degree murder, three counts of first-degree rape, one count of attempted murder, one count of attempted rape, and four counts of kidnapping . He was sentenced to death for each of the murders and for three counts of kidnapping ; twenty years for the attempted murder; ten years for the attempted rape; and twenty years for the fourth kidnapping count. His convictions and sentences were affirmed on direct appeal. Simmons v. Commonwealth, 746 S.W.2d 393 (Ky . 1988). Thereafter, he filed an RCr 11 .42 motion requesting the trial court to vacate his convictions . After a 9-day evidentiary hearing, the trial judge denied the RCr 11 .42 motion. In this appeal, Simmons raises 15 assignments of alleged error arising out of the denial of the RCr 11 .42 motion . We shall review each of the issues presented.

Smith v. Com., 2004-SC-000259-MR -Not To Be Published,Affirming -- PDF -

This appeal is from a judgment based on a jury verdict that convicted Smith of sodomy in the first degree, two counts of sexual abuse in the first degree, sexual abuse in the second degree, sexual abuse in the third degree and two counts of incest. He was sentenced to serve life in the penitentiary . Smith presents three questions for review: 1) whether rights to due process were violated when the jury found him guilty of sodomy in the first degree and the trial judge failed to direct a verdict in his favor; 2) whether evidence of other crimes, wrongs and bad acts violated KRE 404(b); and 3) whether there was error by the trial judge when it failed to change the pre-sentence report.

Smith v. Com., 2001-SC-000939 - Not Published, Affirmed -- PDF

A jury convicted Everett Dempsey Smith of first-degree rape of his grandchild, A.M .S., over a two-year period when she was five to seven-years-old . The trial court imposed a 20-year prison sentence and Smith appeals as a matter of right. Smith argues that he was entitled to a directed verdict on grounds that insufficient evidence existed to support his conviction and that the trial court erroneously prohibited Smith's treating psychiatrist, Dr. Ricon, from testifying that erectile dysfunction is a side effect of medications taken by Smith. For the reasons set forth below, we affirm Smith's conviction.

Smith v. Com., 2002-SC-0293-MR - Not Published, Affirming -- PDF

Following a jury trial in the Fayette Circuit Court, Appellant, Kurt Robert Smith, was convicted of wanton murder for the death of his infant son, Blake Smith . Appellant was sentenced to a maximum term of life imprisonment. He appeals to this Court as a matter of right. Ky . Const . § 110(2)(b). For the reasons set forth below, we affirm .

Smith v. Com., 2002-SC-0523-MR - Not Published, Affirming -- PDF

Appellant, Theopolis Smith, was convicted of first-degree trafficking in cocaine and second-degree persistent felony offender status by a Christian County jury and received a sentence of 20 years' imprisonment. His appeal comes before this Court as a matter of right. Ky. Const. § 110(2)(b). On appeal, Appellant argues that there was insufficient evidence to support the conviction . We disagree and affirm .

Southern V Com., 2004-SC-000489-TG -Not To Be Published, Affirming -- PDF

This is an appeal from the Bell Circuit Court's judgment of sentence entered March 1, 2004. The jury returned verdicts of guilty on two counts of Rape in the First Degree and one count of Sodomy in the First. Degree . Pursuant to the jury recommendations, the court sentenced the Appellant to an aggregate of thirty years in the penitentiary . The Appellant appeals to this Court as a matter of right pursuant to Ky. Const. §110(2)(b) .

Spears v. Com., 2002-SC-0544-MR - Published, Affirming -- PDF

Appellant, Gregory D . Spears, was indicted on two counts of first-degree robbery, one count of first-degree rape, and one count of first-degree burglary. He subsequently pled guilty to the charges and was sentenced to a total of sixty (60) years' imprisonment . He appeals to this Court as a matter of right. For the reasons set forth below, we affirm the judgment of the Fulton Circuit Court.

Stallworth v. Com. ; 2000-SC-000211-MR; Published; Reversed and Remanded; -- PDF

Shaun Stallworth, Appellant herein, appeals as a matter of right from a Marshall Circuit Court order revoking Appellant's shock probation and "reinstating" Appellant's twenty (20) year prison sentence .

Standifer v. Com. ; 2000-SC-000526-MR; Not Published; Reversed and Remanded -- PDF

Appellant was convicted of first-degree manslaughter and was sentenced to twenty years in prison. In two separate matter-of-right appeals, Appellant makes eleven (11) arguments in support of a reversal of his conviction . In the direct appeal of his conviction , he argues that ten (10) reversible errors occurred during the course of his trial, and additionally, he appeals the denial of his motion for a new trial based on newly discovered evidence

Standifer v. Com., 2000-SC-000526-MR & 2001-SC-000910-TR- Not Published, Reversing and Remanding -- PDF

Appellant was convicted of first-degree manslaughter and was sentenced to twenty years in prison . In two separate matter-of-right appeals,' Appellant makes eleven (11) arguments in support of a reversal of his conviction . In the direct appeal of his conviction ,2 he argues that ten (10) reversible errors occurred during the course of his trial

Stiltner v. Com., 2001-SC-000747-MR - Not Published, Affirming In Part And Reversing In Part -- PDF

This appeal is from a judgment based on a jury verdict which convicted Stiltner of four counts of conspiracy to commit murder and being a first-degree persistent felony offender. He was sentenced to a total of two hundred years in prison.

Stodgell v Com., 2005-SC-000601-MR - Not To Be Published,Affirming -- PDF

This is an appeal from a judgment entered by the Daviess Circuit Court on July 1, 2005, sentencing the Appellant, Amy Dawn Stodgell, to a term of twenty (20) years upon conviction of manslaughter in the second degree, burglary in the first degree, receiving stolen firearms, and receiving stolen property valued at $300.00 or more . The Appellant entered a plea of guilty to the above charges and, as a part of the judgment and sentence, the trial court determined that the Appellant was a violent offender pursuant to KRS 439 .3401 . The Appellant appeals to this Court as a matter of right pursuant to Ky. Const. §110(2)(b) .