2005 Kentucky Supreme Court Opinions Index

Table of Cases
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Ackers v. Com., 2003-SC-001049-DG - To Be Published,Affirming in Part, Reversing in Part and Remanding -- PDF

Appellant, Billy Akers, was convicted in the Pike Circuit Court of first-degree stalking, fourth-degree assault, and two counts of second-degree unlawful imprisonment. He was sentenced to four years' imprisonment. On appeal, the Court of Appeals held that a discovery violation and an error with regard to the instructions on the misdemeanor charges warranted reversal of the unlawful imprisonment and assault convictions . However, the court affirmed the felony first-degree stalking conviction . This Court thereafter granted Akers' motion for discretionary review to consider two issues: (1) whether the discovery violation also warrants reversal of the felony stalking conviction, and (2) whether Akers was denied his right to peremptory challenges by the trial court's refusal to excuse a juror for cause. For the reasons set forth herein, we affirm in part, and reverse in part, the decision of the Court of Appeals.

Acosta v. Com., 2004-SC-000884-MR -Not To Be Published,Affirming -- PDF

Appellant, Eduardo Acosta, was convicted by a Jefferson Circuit Court Jury of first-degree rape, three counts of first-degree sodomy, and first-degree sexual abuse. The jury recommended an aggregate sentence of 105 years, which the trial judge reduced to 70 years . Appellant appeals to this Court as a matter of right. Ky. Const. § 110 (2)(b). For the reasons stated herein, we affirm .

Adams v. Com., 2003-SC-000383-MR - To Be Published, Affirming -- PDF

This appeal is from a judgment based on a jury verdict that convicted Adams of one count of murder. She was sentenced to life in prison . The questions presented are whether the trial court erred by not suppressing certain statements made by Adams after her arrest; and, whether sufficient corroborative evidence existed to support allowing certain self-incriminating statements to be admitted in evidence.

Alley v Com, 2003-SC-000103-MR - To Be Published, Affirming -- PDF -

This appeal is from a judgment based on a jury verdict convicting Alley of murder and fourth-degree assault. He was sentenced to life without the possibility of parole for 25 years. The questions presented are whether it was error to fail to find that the defendant was incompetent to stand trial ; whether it was error to decline to hold a hearing to determine whether the defendant should be forcefully medicated; whether there was sufficient notice of aggravating circumstances ; whether the jury was properly instructed as to the aggravating factor of first-degree burglary; whether it was error to allow the prosecutor to tell the jury that he had decided not to seek the death penalty and that the defendant was afforded rights that he denied the murder victim ; whether the order of the closing argument in the penalty phase was error; and whether the verdict forms submitted to the jury produced a manifest injustice .
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