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Daughtery v. Com., 2004-SC-000198-MR - Not To Be Published, Affirming -- PDF

On May 13, 2002, police officers responded to a "911" call reporting trouble in an alley in downtown Louisville. When the officers arrived, they found two men, both with their pants down, standing over the battered and bruised female victim . The two men, William J. Daugherty and William Brooks, were jointly indicted for two counts of rape, acting alone or in complicity, and two counts of sodomy, acting alone or in complicity. It is undisputed that Daugherty had sexual intercourse with the victim and that Brooks put his penis in her mouth. However, there was conflicting evidence concerning whether Brooks had sexual intercourse with the victim. Ultimately, Brooks pled guilty to all four counts and Daugherty proceeded to trial . He contended that the victim consented to all of the sexual acts that occurred . A jury found Daugherty guilty of rape in the first degree as a principal, rape in the first degree by complicity and sodomy in the first degree by complicity. He was sentenced to ten years on each count to run consecutively, for a total of thirty years . Daugherty appeals to this court as a matter of right and asserts that there was insufficient evidence to convict him of complicity to rape. He also attacks the jury instructions on several grounds.

Davenport v. Com., 2002-SC-000483-MR - To Be Published, Affirming -- PDF

Appellant, Lewis Earl Davenport, appeals from a judgment of the McCreary Circuit Court. Following a jury trial, Appellant was found guilty of murder and firstdegree robbery. He was sentenced to fifty years' imprisonment for the murder conviction and received ten years' imprisonment for the robbery conviction, to be served concurrently. He now appeals as a matter of right, alleging five trial errors: (1) that the trial court erred when it refused to allow defense counsel to cross-examine a witness regarding his probationary status; (2) that defense counsel was improperly prohibited from cross-examining a witness regarding her financial affairs; (3) that the trial court erred in allowing a police detective to testify regarding his observations as to the demeanor of another witness; (4) that he was improperly denied a request for funds with which to hire an expert witness; and (5) that his motion for a directed verdict of acquittal was improperly denied. For the reasons set forth herein, we affirm.

Davis v Com., 2004-SC-000199-MR - Not To Be Published, Affirming -- PDF

The Appellant, Oscar Lee Davis, was convicted in the Jefferson Circuit Court of first-degree assault and first-degree Persistent Felony Offender (PFO 1 s) stemming from a shooting on January 13, 2001 . Appellant was sentenced to 15 years on the first-degree assault which was enhanced to fifty (50) years by the PFO 1 St charge . The Appellant claims the trial court committed palpable error, under RCr 10.26, by failing to grant a directed verdict on the first-degree assault charge, notwithstanding that the Appellant failed to request such relief. We affirm .

Dawson v. Com.,2003-SC-000363-MR -Not To Be Published, Affirming -- PDF -

Appellant, James Dawson, was convicted of First-Degree Trafficking in a Controlled Substance and First-Degree Possession of a Controlled Substance, and he was sentenced to twenty-five years imprisonment. He contends (1) that the trial court erred in not asking him whether he consented to his lawyer's decision to admit guilt during opening statement, (2) that a mistrial should have been declared based upon the testimony of the arresting officer as to Appellant's resistance during his arrest, and (3) that the possession charge should have merged with the trafficking charge. Because Appellant admitted his guilt on cross-examination, the court offered to instruct the jury on the improper testimony, and the possession and trafficking charges arose from separate events, we find no error. Accordingly, we affirm Appellant's convictions.

Dean v. Com., 2003-SC-000374-MR -Not To Be Published, AFFIRMING -- PDF

Appellant, Jeffrey Allen Dean, was convicted of first-degree sodomy, seconddegree rape, first-degree sexual assault, and second-degree sexual assault in the Casey Circuit Court. The convictions arose from allegations made by his stepdaughter, J.P ., and his daughter, S .D . The first trial ended in a mistrial in August 2002 . The second trial was held in February 2003. Appellant was sentenced to a total of twenty years imprisonment and appeals to this Court as a matter of right.

Deno v Com., 2004-SC-000233-MR - To Be Published, Reversing and Remanding -- PDF

Appellant, James Anthony Deno, was indicted by a Jessamine county grand jury for rape in the first degree and for failing to register as a sex offender. Prior to trial, the latter charge was severed because of its prejudicial effect. At Appellant's trial for rape, the jury found him guilty and recommended a sentence of twenty years. The trial court entered a judgment consistent with the jury's recommendation . Appellant appeals to this Court as a matter of right' asserting four claims of reversible error: (1) that the trial court erred when it informed Appellant he had no right to hybrid representation ; (2) that the trial court erred when it held an inadequate hearing on Appellant's pro se request for substitute counsel ; (3) that Appellant was unfairly prejudiced when the trial court admitted evidence regarding Appellant's refusal to voluntarily provide biological specimens ; and (4) that the trial court erred when it refused to instruct the jury on sexual misconduct. Based on Appellant's first claim of error, we reverse and remand for a new trial.

Dickerson v Com, 2003-SC-000543-MR -2003-SC-0833-TG-2003-SC-0834-TG- To Be Published,Reversing and Remanding -- PDF -

This appeal involves three separate indictments rendered by Fulton County grand juries against Appellant, Robert Dickerson, and three jury trials in the Fulton Circuit Court on those charges . Appellant was represented by a different public defender at each trial. He was ultimately convicted of one count of sodomy in the first degree ("sodomy 1st"), a Class B felony (which should have been a Class A felony since the jury found that the victim was less than twelve years of age), KRS 510.070(2), for which he was sentenced to confinement in the penitentiary for twenty years, subsequently enhanced to thirty years because the jury found him to be a persistent felony offender in the second degree (PFO 2nd), KRS 532 .080(2); one count of possession of a handgun by a convicted felon, a Class C felony, KRS 527.040(2), for which he was sentenced to ten years in prison; and one count of violating the Sex Offender Registration Act by failing to notify the Division of Probation and Parole of his change of address, KRS 17.510(10)(b), presently classified as a Class D felony, KRS 17.510(11), for which he was sentenced to five years in prison . (In fact, the grand jury indicted Appellant twice for violating KRS 17.510(10)(b) . Indictment number 01-CR-00088, the indictment that is the subject of this appeal, alleged a violation date of June 27, 2001 ; indictment number 02-CR-00122, the indictment under which Appellant was tried and convicted, originally alleged a violation date of May 23, 2002 . Appellant was incarcerated in the Fulton County Jail from the date of his arrest, January 24, 2001, until at least July 10, 2003, when he was finally sentenced on the sodomy 1 st conviction, a period encompassing both June 27, 2001, and May 23, 2002.

Downing v. Com., 2004-SC-000059-MR -Not To Be Published, Affirming -- PDF

Appellant, Darryl A . Downing, was convicted in the Jefferson Circuit Court of attempted rape, kidnapping, and first-degree sexual abuse. He was sentenced to a total of forty years' imprisonment and appeals to this Court as a matter of right. Finding no error, we affirm .