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Faust v. Com, 2002-SC-000545-MR - To Be Published, Affirming -- PDF -

On September 19, 1997, Appellant, W. Gayle Faust, was terminated, without cause, from his "political" (or unclassified) appointment to a non-merit service position within the Kentucky Department of Parks. As a career employee, promoted from the classified to the unclassified service, Faust nonetheless retained statutorily-granted reversion rights for employment within the classified service of state government. Since his termination, however, Faust and the Department have differed in their interpretations of these rights . In reviewing this matter, the Personnel Board, the Franklin Circuit Court and the Court of Appeals have each reached varying conclusions, with the Court of Appeals denying Faust reinstatement to the classified service . We accepted discretionary review to determine the scope of reversion rights belonging to Faust. After hearing oral argument and reviewing the record, we affirm the Court of Appeals.

Ferguson v. Com, 2003-SC-000836-MR - Not To Be Published,Affirming -- PDF -

Appellant, Michael Anthony Ferguson, was convicted in Jefferson Circuit Court of five counts of burglary in the second degree. The jury fixed six-year sentences in three of the counts and five each on the other two . Due to the sentencing cap mandated by KRS 532 .110(1)(c), the court reduced the sentences for all five counts to five years each and ran the first count concurrently with the latter four. As a result, the appellant received a twenty-year sentence and appeals to this court as a matter of right. Ky. Const . § 110(2)(b) .

Fopma v. Com., 2002-SC-000509-MR - Not To BePublished, Affirming -- PDF -

Appellant, Betty Ann Fopma, was convicted in the Perry Circuit Court of First-Degree Manslaughter. The trial court fixed her sentence in accordance with the jury recommendation, at a maximum term of 20 years imprisonment. Appellant appeals to this Court as a matter of right, alleging a number of claimed errors involving (1) the jury instructions on self-defense, (2) the competency of a key witness, (3) venue, and (4) the admissibility of videotape narration .

Freeman v. Com, 2002-SC-000680-MR -Not To Be Published, Affirming -- PDF -

Appellant, Carlos Freeman, was convicted of one count of Wanton Murder and one count of First-Degree Burglary, and was sentenced to thirty years . Appellant appeals to this court as a matter-of right,' and asserts the following claims of error: (1) the trial court abused its discretion when it dismissed Juror 437 as an alternate; (2) the trial court improperly permitted the introduction of 404(b) evidence; and (3) the Wanton Murder instruction issued to the jury was improper as it did not require a determination of whether Appellant was the principal or the accomplice. After a thorough review of the record, we find Appellant's contentions meritless and affirm his conviction .

Fulcher v.Com ;2002-SC-000855-MR - To Be Published, Affirming in Part, Reversing in Part,Vacating in Part And Remanding in Part -- PDF -

Following a trial by jury in the Logan Circuit Court, Appellant, Ricky Lee Fulcher, was convicted of two counts of manufacturing methamphetamine, KRS 218A.1432(1) ; two counts of possession of anhydrous ammonia in an unapproved container with intent to manufacture methamphetamine, KRS 250.489(1), KRS 250.991(2) ; two counts of possession of drug paraphernalia, KRS 218A .500(2); and one count of possession of marijuana, KRS 218A.1422 . The conviction of possession of marijuana and one each of the convictions of the three other offenses were obtained pursuant to Indictment No. 01-CR-157, which stemmed from a search of Appellant's residence and property on July 24, 2001 . The other three convictions were obtained pursuant to Indictment No. 01-CR-179, which stemmed from a search of Appellant's residence and property on August 3, 2001 . The indictments were jointly tried . RCr 9 .12; Harris v. Commonwealth , Ky.

Fulkerson v. Com, 2003-SC-000484-MR - Not To Be Published, Affirming -- PDF -

Appellant, Gary Lee Fulkerson, Jr., pled guilty to one count of second-degree burglary, four counts of third-degree burglary, three counts of theft by unlawful taking over $300, one count of theft of a controlled substance, one count of theft of a credit card, one count of abuse of a corpse, and first-degree persistent felony offender. He was sentenced to a total of twenty years' imprisonment. He appeals to this Court as a matter of right. On appeal he raises a single issue: that the trial court erred in denying his motion to withdraw his guilty plea . We conclude that the trial court did not abuse its discretion, and, therefore, affirm the judgment of the trial court.