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Lane v. Com.,2002-SC-000585-MR -Not To Be Published, Affirming -- PDF -

Appellant, Derrick Lane, was convicted of first-degree burglary and fourth-degree assault by the Fayette Circuit Court. He received concurrent sentences of twenty years' imprisonment for burglary and twelve months for assault. His appeal comes before this Court as a matter of right. Ky. Const. §110(2)(b) . Appellant asserts the following trial errors: 1) the improper admission of prior bad acts and "investigative hearsay," 2) the improper admission of hearsay testimony from other witnesses, 3) the improper admission of unduly prejudicial statements made by the interviewing detective, 4) the failure to instruct the jury on the right to enter a dwelling, 5) the failure to order a competency hearing, and 6) the failure to enter a directed verdict . We affirm.

Langston v Com., 2004-SC-000202-MR - Not To Be Published, Affirming -- PDF

Appellant, Ricky Lynn Langston, was convicted of one count of sodomy in the first degree and one count of bribing a witness . The jury recommended a sentence of twenty years for sodomy and one year for bribing a witness, to run consecutively. The court entered a judgment sentencing Appellant to serve twenty-one years. Appellant appeals to this Court as a matter of right,' asserting two claims of reversible error: (1) that "[t]he trial court erred to the Appellant's substantial prejudice when it failed to direct a verdict of acquittal when the prosecution failed to prove that the alleged crime occurred in Graves County" ; and (2) that "[t]he trial court erred to the Appellant's substantial prejudice when it allowed an inaudible tape to be played for the jury." Discovering no reversible error, we affirm.

Lanham v. Com.,2003-SC-000268-MR - To Be Published, Affirming -- PDF -

Appellant, Philip Lanham, was convicted of murdering his wife and tampering with physical evidence of his crime. He was sentenced to life in prison . He claims that the trial court erred in allowing the jury to hear an unedited recording of his confession wherein a police officer repeatedly accused him of lying, in admitting inflammatory entries from the victim's diary, and in refusing to grant him a new trial based on prejudice stemming from the actions of the victim's family in the courtroom . Because we hold that the officer's comments were necessary to provide context for Appellant's response, and because Appellant's other claims that were preserved for our review were not prejudicial, we affirm Appellant's convictions.

Lawson v. Com., 2004-SC-001134-DG -Not To Be Published,Affirming -- PDF

This appeal is from a judgment based on a jury verdict that convicted Lawson of second-degree burglary, theft by unlawful taking less than $300 and being a firstdegree persistent felony offender. He was sentenced to a total of twenty years in prison . The questions presented are whether the trial judge erred when he overruled the motion to suppress the victim's out-of court and in-court identification of the defendant ; whether the evidence was sufficient to sustain the convictions ; and, whether the closing argument by the prosecutor was unduly prejudicial.

Legler v. Com. 2004-SC-000651-MR - Not To Be Published,Affirming -- PDF -

Appellant, Thomas W. Legler, was convicted by a Jefferson County Circuit Court jury of first-degree robbery, first-degree burglary, and of being a first-degree persistent felony offender (PFO). He was sentenced to thirty-one years' imprisonment. He now appeals to this Court as a matter of right, alleging two trial errors. For the reasons set forth herein, we affirm.

Lopez V Com., 2003-SC-000878-MR - To Be Published, Reversing -- PDF

A Fayette District Court jury convicted Appellant, Nelson Lopez, of operating a motor vehicle with alcohol concentration of or above 0.08, KRS 189A.01 0(l)(a), and he was sentenced to twenty-one days in jail (reduced to ten days) and'a $500.00 fine . His appeal arrives in this Court in an unusual posture. The only issue presented to us is whether the district court properly instructed the jury on this offense as redefined by the 2000 General Assembly. Appellant, who was convicted under the instruction, claims the instruction was proper. The Commonwealth, which obtained Appellant's conviction under the instruction, claims it was improper. The instruction was as follows :

Lovett v Com., 2003-SC-000414-MR -Not To Be Published,Affirming -- PDF

Appellant, Todd Lovett, was convicted in the Marshall Circuit Court of complicity to manufacture methamphetamine and being a persistent felony offender in the second degree. He was sentenced to a total of twenty years imprisonment and appeals to this Court as a matter of right . On March 9, 2002, Detective Russ Kegel of the Marshall County Sheriffs Office was called to the Shamrock Motel by Deputy Johnson . While serving papers on Terry Stubblefield, Deputy Johnson discovered items in the motel room that he believed to be consistent with the items commonly used to manufacture methamphetamine : Detective Kegel arrived on the scene to find Terry Stubblefield and Billy Lee in the motel room . He also found finished methamphetamine, marijuana, ether cans, rags, and coffee filters . Stubblefield and Lee were arrested for manufacturing methamphetamine .

Loving v. Com., 2003-SC-001041-MR - Not To Be Published, Affirming and Remanding -- PDF -

This appeal is from a judgment based in part on an unconditional guilty plea that convicted Loving of two counts of intentional murder. He was sentenced to life in prison . The questions presented are whether it was an abuse of discretion to deny the motion by Loving to withdraw his guilty plea ; whether the removal of a prospective juror for cause was an abuse of discretion ; whether consecutive life sentences were improperly imposed ; and whether the order of the closing argument in the penalty phase was error.