Caldwell v. Com., 2003-SC-000155-TG - Published, Affirming -- PDF - Text

Caldwell appeals from a judgment based on a jury verdict which convicted him of one count of murder and theft over $300 . He was sentenced to life in prison and five years concurrently . Caldwell also appeals from an order denying his motion for a new trial based on newly discovered evidence.

Callihan v.Com, 2003-SC-000183-MR - To Be Published, Affirming -- PDF -

Appellant, Richard Callihan, was indicted in the Greenup Circuit Court for two counts of rape in the first degree (Counts I and II), one count of sodomy in the first degree (Count III), and one count of criminal abuse in the first degree (Count IV). He entered a guilty plea to all counts conditioned on the preservation of his right to appeal the denial of his motion to suppress his confession . RCr 8 .09. The trial court sentenced him to twenty years imprisonment for Counts I through III and ten years imprisonment for Count IV, to run concurrently for a total of twenty years . He appeals to this court as a matter of right, Ky. Count. § 110(2)(b), on the grounds that the trial court erroneously denied his motion to suppress his taped confession as it was obtained after he had become the focus of the investigation and before the police informed him of his right to counsel and his right to remain silent. Finding no error, we affirm .

Campbell v. Com., 2002-SC-000013-MR - Not Published, Affirming -- PDF -

A Fayette Circuit Court jury found Appellant guilty of one (1) count each of First-Degree Rape and First-Degree Sodomy and also found him to be a Second-Degree Persistent Felony Offender (PFO) .

Carrier v. Com., 2002-SC-000509-MR - Not To Be Published, Reversing -- PDF -

Appellant, Clifford Carrier, entered a conditional guilty plea in the Livingston Circuit Court to fifteen counts of sexual offenses against minors. He received a sentence of ten years . On appeal, the Court of Appeals affirmed the convictions, rejecting Appellant's claim that incriminating evidence contained in records obtained from his psychologist should have been suppressed, as the evidence was (1) wrongfully obtained, and (2) protected by the psychotherapist-patient privilege contained in KRE 507 . This being a matter of first impression in Kentucky, we granted discretionary review.

Cave v. Com., 2002-SC-000710-MR - Not Published, Affirming -- PDF -

Joseph Bertrand Cave, pled guilty to eight counts of burglary, five counts of firstdegree rape, four counts of first-degree sodomy, three counts of first-degree sexual abuse, one count of attempted rape, and second-degree persistent felony offender.

Chapman v. Com, 2003-SC-000512-MR -Not To Be Published, Affirming -- PDF -

Appellant, Earl Eugene Chapman, was convicted of intentional murder and sentenced to life in prison . He appeals to this Court as a matter of right, raising three allegations of error. First, he argues that the trial court should have suppressed his confession because (a) he did not voluntarily waive his Miranda rights, and (b) his confession was coerced . Next, he argues that his conviction must be reversed because the trial court failed to follow the proper procedure for empanelling the jury. Finally, he argues the trial court erred in finding him competent to stand trial ..

Cheek v.Com, 2003-SC-000094-MR -Not To Be Published, Affirming -- PDF -

A Harlan Circuit Court jury found Marvin Lee Cheek, Appellant, guilty of Wanton Murder, and sentenced him to twenty (20) years incarceration . He now appeals his conviction to this Court as a matter of right. Ky. Const. § 110(2)(b) . On November 13, 2001, Roger Fuson, the victim, was shot and killed at Appellant's residence. Following the shooting, Appellant called 911, and informed the operator that the victim had shot himself. The first officer on the scene, Trooper Slone, interviewed those present, gathering information about the death of the victim . Appellant told Trooper Slone in his first and second statements that Roger had shot himself, though he admitted in his third statement to another officer that he had accidentally shot Roger. He stated that he had listened to Roger, his cousin, talk about committing suicide and wanted to scare him out of it. Appellant took the gun out from his nightstand while sitting on his bed with his friend, Teddy Smith . Appellant looked at the safety, pointed it at Roger, who was standing nearby, and the gun fired.

Collett v.Com, 2002-SC-001025-MR -Not To Be Published, Affirming In Part Reversing And Remanding In Part -- PDF -

A Leslie Circuit Court jury convicted Appellant, Fred Collett, of murder, as principal or accomplice, assault in the first degree, as principal or accomplice, complicity to robbery in the first degree, and arson in the first degree. The jury also found that the murder was aggravated because it was accompanied by robbery and arson .' Appellant was sentenced to life in prison without the possibility of parole for murder, twenty years each for assault in the first degree and complicity to robbery in the first degree, and fifty years for arson in the first degree, to run concurrently . Appellant appeals to this Court as a matter of right, Ky. Const. § 110(2)(b), asserting the following claims of error, viz:

Collins v.Com, 2002-SC-000926-MR - To Be Published, Reversing And Remanding -- PDF -

The Appellant, Mark Collins, appeals from an order of the Grant Circuit Court denying his motion to suppress evidence obtained during a vehicular stop. The Court of Appeals affirmed . This Court granted discretionary review. For the reasons set forth below, we reverse and remand . The material facts of this case are not disputed . An unidentified person called 911 around 8 :00 p .m . from a gas station located in Grant County. The caller complained that the white, male driver of a white Chevrolet Blazer was seen throwing liquid from a bottle toward another vehicle at the Ezy-Stop gas station in Williamstown . The caller did not see the male throw the actual bottle, but identified the liquid as alcohol . Further, the caller indicated that he or she perceived that there was a dispute between the two drivers. The driver of the Blazer then pulled out of the gas station, proceeding southbound on I-75 . The caller was able to give the license plate number of the Blazer.

Com v.Blakeman.,2001-SC-000666-MR - Not To Be Published, Affirming -- PDF -

This appeal is from a judgment based on a jury verdict that convicted Blakeman of second-degree assault, first-degree wanton endangerment, operating a motor vehicle under the influence of alcohol and as a first-degree persistent felony offender. He was sentenced to a total of forty years in prison . The questions presented are whether it was error not to direct a verdict on the first-degree wanton endangerment charge; whether it was error to admit evidence of other bad acts and whether it was error not to grant a mistrial for the failure of the prosecution to comply with a discovery order regarding the blood test evidence .

Com v. Morris, 2002-SC-000845-MR - To Be Published, Affirming -- PDF -

On March 15, 2001, Troy Thornsberry and his pregnant wife, Veronica Jane Thornsberry, were en route to Pikeville Methodist Hospital for the anticipated birth of their unborn child when their vehicle was struck by a pickup truck operated by Appellee, Christopher Charles Morris . Mr. Thornsberry was injured in the collision ; his wife and unborn child were killed . A post-mortem examination revealed that the child was a viable fetus who would have been born a healthy baby girl had she not sustained a fatal brain injury in the collision.

Com v.Reynolds, 2003-SC-000154-MR - To Be Published, Certifying The Law -- PDF -

Pursuant to CR 76 .37(10), the Commonwealth sought certification of the law on issues regarding Driving Under the Influence ("DUI") prosecutions of persons under the age of twenty-one, and this Court granted the certification request. The precise issue here is whether the Commonwealth may prosecute persons under the age of twenty-one years only under KRS 189A.01 0(1)(e), which creates a per se violation for having a significantly lower alcohol concentration than the standard per se violation, or whether the Commonwealth may elect to prosecute persons under twenty-one under the standard per se violation subsection, KRS 189A.01 0(l)(a).

Cook v. Com., 2002-SC-000486-MR - Published, Affirming in Part and Vacating and Remanding in Part -- PDF -

On August 20, 2001, Billy Joe and Lisa Rains were standing in the front yard of their home on Bee Creek Road in Whitley County, Kentucky, when a 1984 Chevrolet Corvette automobile operated by Appellant, Lester E. Cook, Jr., drove into their yard, striking and killing Mrs. Rains

Cook v. Com., 2002-SC-001021-MR Not Published, Affirming -- PDF - Text

This appeal is from a judgment based on a jury verdict that convicted Cook of complicity to commit murder. She was sentenced to life in prison without the possibility of probation or parole for twenty-five years . The questions presented are whether information about the victim was properly admitted during the guilt phase ; whether improper opinion evidence by the police was introduced through the videotaped statement of Cook; whether the admission of a prior consistent statement of a prosecution witness was palpable error; whether the introduction of incorrect minimum parole eligibility guidelines resulted in manifest injustice ; and whether Cook was entitled to an instruction

Cosby v.Com, 2002-SC-000806-MR - To Be Published, Affirming -- PDF -

This appeal poses the following issue of first impression : Where one is convicted of or pleads guilty to a criminal offense, remains free on bond while waiting to be sentenced, and in the interim perpetrates another crime, does the phrase "awaiting trial" as set forth in KRS 533.060(3) apply so as to require the imposition of consecutive sentences. For the reasons set forth below, we hold that it does and, therefore, affirm the result of the opinion rendered by the Court of Appeals. The facts are these. In June of 2000, the appellant, Montez Lamont Cosby, agreed to waive his right to a jury determination of sentencing following his conviction on a single offense and agreed to accept the Commonwealth's plea agreement. Cosby also agreed to accept the Commonwealth's offer on two other charges and subsequently entered a guilty plea . In exchange for Cosby's plea, the Commonwealth agreed to recommend a total sentence of fifteen years imprisonment.

Couch v. Com., 2002-SC-000345-MR; - Not Published, Affirming -- PDF -

A Knox Circuit Court jury found Appellant, Franklin Couch, guilty of First-Degree Robbery and also found him to be a First-Degree Persistent Felony Offender (PFO) . In accordance with the jury's sentencing-phase recommendation, the trial court imposed a PFO-enhanced sentence of fifty (50) years.'

Coyle v. Com, 2002-SC-000419-MR - Not To Be Published, Affirming -- PDF -

This appeal is from a judgment based on a jury verdict that convicted Coyle of three counts of second-degree rape and one count of first-degree rape. He was sentenced to a total of fifty-five years in prison. The questions presented are whether the trial judge erred in accepting the waiver by Coyle of joint representation ; whether improper hearsay testimony was admitted ; whether proof of prior charges against a codefendant was prejudicial to Coyle; whether Coyle was entitled to a directed verdict; whether the testimony of child witnesses via closed circuit television was proper; whether the trial judge erred in consolidating the indictments ; whether the evidence supported an instruction on sexual abuse; and whether the trial judge correctly excluded a prior consistent statement.

Crum v.Com, 2003-SC-000610-MR -Not To Be Published, Affirming -- PDF -

An Administrative Law Judge (ALJ) determined that no reasonable cause was shown for the claimant's failure to give notice that her back injury was work-related until she filed a claim nearly two years later. The Workers' Compensation Board (Board) and the Court of Appeals have affirmed . Likewise, we affirm . The claimant alleged that on July 27, 1999, she suffered a lower back injury while setting up a press..