2004 Kentucky Supreme Court Index

Table of Cases
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Hamilton v. Com., 2003-SC-000332-MR - Not Published, Affirming -- PDF -

On October 22, 2001, a motor vehicle driven by Russ Zimmerman was struck by another vehicle occupied by Appellant, Ivan Demetrius Hamilton . Following the collision, Zimmerman pulled his vehicle over to the side of the road. Appellant subsequently exited his vehicle, pulled out a weapon, and began firing shots at Zimmerman. Zimmerman fled the scene and notified the police of the incident soon thereafter .

Hampton v. Com., 2002-SC-000291-MR - Published, Affirming -- PDF -

Appellant, Karen Hampton, was convicted in the Laurel Circuit Court of the 1998 murder of her husband, Wade Hampton, as well as tampering with physical evidence . She was sentenced to fifty years imprisonment on the murder charge and five years on the tampering charge, to run consecutively for a total of fifty-five years imprisonment .

Hatton v.Com, 2003-SC-000722-MR - Not To Be Published, Affirming -- PDF -

Appellant, Robert Hatton, was convicted in the Bath Circuit Court on one count of second-degree manslaughter and four counts of first-degree wanton endangerment . He was sentenced to a total of twenty years imprisonment and appeals to this Court as a matter of right . Appellant's convictions stem from a vehicular accident involving Appellant and another vehicle. The individual driving the other vehicle was killed, and the passengers were injured . Evidence presented at trial established two very different versions of events leading up to the crash . Appellant stated that during the early evening hours of October 6, 2002, he returned home with his nine-year-old daughter, Jessica . Appellant stated that they had intended to pick up his wife, Laura, and go out for a family dinner.

Hill v. Com., 2002-SC-000077-MR - Published, Reversing and Remanding -- PDF -

A Muhlenberg Circuit Court jury convicted Appellant, Kent Hill, of engaging in organized crime, a class B felony, KRS 506.120(2), and his punishment for that conviction was fixed at ten years in prison . Because Appellant was also a persistent felony offender in the first degree, his sentence was enhanced by plea agreement to twenty years. KRS 532 .080(6)(a)

Holland v. Com., 2002-SC-000418-MR -Not To Be Published,Reversing -- PDF -

This appeal is from a judgment based on a jury verdict that convicted the appellant, Lucius "Luke" Holland, of one count of first-degree rape. The appellant was sentenced to forty-five years in prison and appeals to this court as a matter of right. Ky . Const. § 110(2)(b) . The appellant raises four issues on appeal, namely that : (1) the appellant was substantially prejudiced and denied due process of law and a fair trial by the Commonwealth's efforts to impeach co-indictee Nicia Wilson (Nicia) with charges in a prior dismissed indictment against the appellant; (2) the trial court erred to the appellant's substantial prejudice and denied the appellant his right to counsel, confrontation, presence, due process of law and a fair trial when it granted the

Hollie v. Com., 2002-SC-000043-MR - Not Published, Affirming -- PDF -

Appellant, Ricky Lammoris Hollie, was indicted for the first-degree rape of the victim, R. B. Upon conviction, he was sentenced to twenty (20) years and appeals to this Court as a matter of right.'

Hoskins v. Com, 2002-SC-000579-MR - To Be Published, Affirming -- PDF -

Appellants, Wanda Hoskins and David Paul Smith, petitioned the Court of Appeals for a writ prohibiting Appellee, R. Cletus Maricle, judge of the Clay Circuit Court, from ordering a retrial of their indictments for murder and abuse of a corpse and directing him to approve the plea agreements that they negotiated with a special prosecutor. The Court of Appeals denied the writ and they appeal to this Court as a matter of right. Ky. Const. § 115; CR 76.36(7)(a) . We affirm.

Howard v. Com., 2002-SC-000854-MR - Not Published, Affirming -- PDF -

Appellant, Michael Howard, was convicted of two counts of first-degree sodomy and one count of second-degree sodomy by a Whitley Circuit Court jury. He now appeals to this Court as a matter of right, raising four issues for review. We affirm .

Hughes v. Com., 2002-SC-000067-MR - Not To Be Published, Affirming -- PDF -

Appellant, Charles Hughes, Jr., was convicted by an Adair Circuit Court jury of trafficking in a controlled substance, first degree, second or subsequent offense. KRS 218A.1412 . He was sentenced to twenty years in prison and appeals to this Court as a matter of right. Ky. Const. § 110(2)(b). Appellant claims the trial court committed reversible error by (1) failing to declare a mistrial after the judge inadvertently informed the jury that this was Appellant's "second or subsequent offense;" (2) instructing the jury in a manner that violated his right to a unanimous verdict ; and (3) denying his motion for a directed verdict of acquittal . Finding no error, we affirm.

Hughes v. Com, 2002-SC-001081-MR - Not To Be Published,Affirming -- PDF -

Appellant, Christopher Hughes, was convicted by a Laurel Circuit Court jury of burglary in the first degree, KRS 511 .020(1), five counts of unlawful imprisonment in the first degree, KRS 509 .020(1), and two counts of theft by unlawful taking under $300, KRS 514.030(1). He was sentenced to a total of twenty years imprisonment and appeals to this Court as a matter of right, Ky. Const . § 110(2)(b), asserting the following claims of error: (1) the trial court's failure to declare a mistrial because of the Commonwealth's failure to disclose a supplemental investigative report pursuant to a discovery order; (2) failure to instruct the jury on the defense of voluntary intoxication ; (3) insufficiency of the evidence to support his convictions of burglary and theft by unlawful taking ; (4) denial of his motion for continuance for the purpose of obtaining a psychiatric examination ; and (5) exclusion of a photograph of the corpse of his half

Hunn v. Com., 2002-SC-000445-MR -Not To Be Published, Reversing and Remanding -- PDF -

This matter-of-right criminal appeal arises from a judgment of the Boyle Circuit Court, which imposed a twenty-five year sentence against Jerry C . Hunn, the appellant herein, following his conviction for the murder of Ralph Coulter, Jr. For the reasons set forth below, we reverse and remand for a new trial .
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