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Mac v. Com, 2002-SC-000924-MR - To Be Published, Affirming -- PDF - Text

Appellant, Reginald Mack, was convicted by a Bell Circuit Court jury of First-Degree Robbery and received a sentence of twenty years.' He appeals to this Court as a matter of right2 and contends that the trial court committed reversible error by failing to instruct the jury on the lesser-included offenses of Theft by Unlawful Taking Over $300 .00 ("TBUT") and Fourth-Degree Assault. We disagree with Appellant's contention and affirm his conviction .

McMillian v. Com., 2002-SC-001024-MR - Not Published, Affirming -- PDF - Text

Appellant, Marty McMillian, was convicted of one count of manufacturing methamphetamine while in possession of a firearm at the time of commission of the offense, and one count of first-degree trafficking in a controlled substance while in possession of a firearm at the time of commission of the offense . He was sentenced to a total of thirty years' imprisonment . He appeals to this Court as a matter of right.

Milam v. Com, 2003-SC-000624-MR - Not To Be Published,Affirming In Part, Reversing and Remanding In Part, And Vacating In Part -- PDF - Text

This appeal is from a judgment based on a jury verdict that convicted Milam of twelve counts of first-degree sodomy, twelve counts of first-degree sexual abuse and four counts of incest. He was sentenced to a total of twenty years in prison. The questions presented are whether the jury instructions lacked specificity thereby denying Milam a unanimous verdict and subjecting him to double jeopardy; whether the cross-examination of the defendant impermissibly required him to speculate on the victim's veracity; and whether the Commonwealth's closing argument improperly appealed to the community interests of the jury.

Miller v. Com., 2003-SC-000518-MR - Not Published, Affirming -- PDF - Text

Appellant, Hazard Miller, was convicted in the Pike Circuit Court on two counts of trafficking in a controlled substance . He was sentenced to a total of twenty years imprisonment and appeals to this Court as a matter of right . Finding no error, we affirm . During July 2000, the Kentucky State Police conducted an undercover drug operation in the Feds Creek area of Pike County, Kentucky. One of the detectives in charge of the investigation, John Blanton, used the services of a confidential informant, Robin Gail Cavins, in two drug transactions involving Appellant.

Million v. Com., 2003-SC-000110-MR - Not Published, Affirming -- PDF - Text

A Fayette Circuit jury convicted Appellant, Paul Million, of robbery in the second degree, KRS 515 .030, and found him to be a persistent felony offender (PFO) in the second degree . KRS 532.080. He received a PFO-enhanced sentence of twenty years in prison and appeals to this Court as a matter of right . Ky. Const. § 110(2)(b) . His sole claim on appeal is that he was entitled to a directed verdict of acquittal because his voluntary intoxication negated the requisite criminal intent for robbery as a matter of law .' KRS 501 .080(1) . On the night of August 29, 2001, Appellant entered an Exxon station located on Newtown Pike in Lexington, Kentucky. Patricia Hillard and Crystal Simpson were the cashiers on duty that night. Appellant proceeded into the restroom where he broke off The jury was properly instructed on the defense of voluntary intoxication.

Morrison v. Com., 2002-SC-000816-MR; - Not Published, Affirming -- PDF - Text

Appellant, Ray Anthony Morrison, appeals his conditional plea of guilty but mentally ill to one count of second-degree robbery, one count of first-degree robbery, and for being a second-degree persistent felony offender (PFO) . The sole issue presented is whether the trial court committed error in determining Appellant was competent to stand trial, or otherwise enter a plea.

Morton v.Com, 2002-SC-000998-MR -Not To Be Published, Affirming -- PDF - Text

A Fayette Circuit Court jury convicted Appellant, Dante Morton, of two counts of robbery in the first degree. The jury recommended that Appellant serve twenty years in prison for each count, to run consecutively for a total of forty years; the judge modified the recommended sentence to thirty years imprisonment, ordering ten years of one of the twenty-year terms to run concurrently. Appellant appeals to this court as a matter of right, Ky. Const. § 110(2)(b), arguing that the trial court made three prejudicial errors: (1) overruling Appellant's motion for a new trial based on the admission of impermissible hearsay statements from two witnesses; (2) overruling Appellant's motion for a mistrial after the Commonwealth's opening statement discussed anticipated testimony from a witness who later refused to testify; and (3) overruling Appellant's motions for a mistrial and a new trial based on KRE 404(b), when a police witness stated that he located Appellant in prison . Finding no prejudicial error, we affirm.

Muncy v. Com., 2002-SC-000255-MR; - Published, Affirming -- PDF - Text

This matter-of-right criminal appeal arises from a judgment of the Harlan Circuit Court, which imposed a twenty-year sentence against Appellant, Bobby R. Muncy, following his conviction on various drug charges. Late on the night of June 24, 2000, Officers Shawn Bryant, Dale Halcomb, Bill Howard, and John Teagle of the Harlan City Police Department traveled to Appellant's residence in order to execute a search warrant.'