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Edwards v. Com., 2004-SC-000047-MR - Not To Be Published, Affirming -- PDF

In the Fayette Circuit Court, on May 10, 2002, Appellant, Richard Edwards, entered a conditional guilty plea to felony drug-related charges reserving the right to appeal the trial court's decision regarding a suppression hearing . On June 7, 2002, Appellant was sentenced to ten (10) years for trafficking in a controlled substance in the first degree, with a firearm, enhanced to twenty (20) years by his persistent felony offender in the second degree status, one (1) year for an amended charge of possession of a firearm by a convicted felon to run concurrently, twelve (12) months for an amended charge of trafficking in marijuana to run concurrently, and twelve (12) months for possession of drug paraphernalia to run concurrently for a total sentence of twenty (20) years. He appeals to this Court as a matter of right.

Endsley v. Com., 2004-SC-000356-MR - Not To Be Published, Affirming -- PDF

Jerry Endsley was tried and convicted in the Campbell Circuit Court of first degree robbery and criminal attempt to commit murder. Pursuant to the Commonwealth's offer, Mr. Endsley pled guilty to being a first degree persistent felony offender and the court fixed his punishment at twenty-five (25) years in the penitentiary . It is from this judgment that Appellant now appeals as a matter of right.' Endsley requests this Court to vacate his conviction for criminal attempt to commit murder and dismiss said count of the indictment.

Ernst v. Com.,2002-SC-001088-MR - To Be Published, Affirming -- PDF -

A Boone Circuit Court jury convicted Appellant, Shawn William Ernst, of kidnapping and murdering Sandra Kay Roberts . He was sentenced to life in prison for the murder and to life in prison without benefit of probation or parole for the kidnapping. He appeals to this Court as a matter of right, Ky. Const. § 110(2)(b), asserting eight claims of reversible error, viz: (1) insufficiency of the indictment for capital kidnapping ; (2) admission of hearsay evidence ; (3) admission of unduly prejudicial photographs and videotape of the victim's body; (4) admission of improper character evidence ; (5) admission of victim impact evidence during the guilt phase of the trial ; (6) improper cross-examination of Appellant by the prosecutor ; (7) failure of the jury to find an essential element of capital kidnapping; and (8) imposition of capital punishment absent proof of a proper aggravating circumstance . Finding no reversible error, we affirm.

England v Com., 2003-SC-000328-MR -Not To Be Published, Affirming -- PDF

Steven England was convicted of complicity to murder Lisa Halvorson. The jury sentenced him to life without parole after finding the aggravating circumstance of committing the crime for profit .' England appeals to this Court as a matter of right. On or about July 7, 2000, England ended the life of Lisa Halvorson in her front yard . Lisa died from blunt-force trauma to the neck, and her body was bloodied and bruised from being strangled and run over by a car, among other things. England raises fifteen claims that this Court should grant him a new trial . Discerning no reversible error, we affirm the conviction.

Edwards v Com., 2004-SC-000649-MR- Not To Be Published,Affirming -- PDF

Appellant, James E. Edwards, was convicted by a Barren County jury in April 2004, of two counts of first-degree sodomy and two counts of first-degree sexual abuse . The jury recommended twenty-year sentences for each of the two sodomy counts and five-year sentences for each of the sexual abuse counts . Appellant appeals to this court as a matter of right . Ky. Const. § 110 (2)(b). He assigns error to the trial court's denial of his motion for directed verdict pertaining to all four counts of the indictment . We affirm.

Ewing v Com., 2003-SC-001059-MR-Not To Be Published,Affirming -- PDF

Appellant, Richard Ewing, was convicted by a Bullitt Circuit Court jury of thirteen counts of burglary in the third degree, twelve counts of theft by unlawful taking of property having a value of $300 or more, and one count of theft by unlawful taking of property having a value of less than $300 .' He was sentenced to an aggregate term of twenty years in prison and appeals to this court as a matter of right . Ky. Const. § 110(2)(b) . Appellant asserts that he was prejudiced by amendments to the indictment and that the trial court abused its discretion by denying his motion for a mistrial. Finding no abuse of discretion, we affirm .

Eldridge v Com., 2004-SC-000475-MR -Not To Be Published, Affirming -- PDF

This appeal is from a judgment based on a jury verdict that convicted Eldridge of murder, first-degree assault and two counts of first-degree robbery. He was sentenced to a total of seventy years in prison . The questions presented are whether the trial judge erred in refusing to dismiss the jury panel based on an allegation of a substantial deviation in the jury selection process; whether a juror should have been removed for cause; and, whether certain documentary evidence was properly admitted . Eldridge was indicted for the murder of one victim, the first-degree assault of a second victim and one count of first-degree robbery against each of the victims . The second victim was found incompetent to testify at trial, apparently due to the severity of his injuries.