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Partin v. Com., 2003-SC-000596-MR - Not To Be Published, Affirming -- PDF

A McCracken Circuit Court jury convicted Appellant, Stacy Lynn Partin, of kidnapping, two counts of unlawful imprisonment in the first degree, wanton endangerment in the first degree, wanton endangerment in the second degree, and assault in the fourth degree; and found him to be a persistent felony offender in the second degree. He was sentenced to life in prison . He appeals to this Court as a matter of right, Ky. Const. § 110(2)(b), asserting four claims of reversible error, viz: (1) denial of his right of self-representation ; (2) failure to sustain his motion to dismiss the indictment; (3) admission into evidence of portions of letters that he wrote to one of the victims and suppression of another such letter and of letters written to him by the same victim; and (4) failure to grant a mistrial after the prosecutor engaged in a "tirade" against him . Finding no reversible error, we affirm.

Payne v. Com., 2003-SC-000435-MR - Not To Be Published, Affirming -- PDF

This appeal is from a judgment based on a jury verdict that convicted Payne of four counts of first-degree rape . He was sentenced to a total of thirty years in prison . The questions presented are whether other bad act evidence was improperly introduced ; whether it was an abuse of discretion to admit a videotaped confession ; whether the Commonwealth erroneously interpreted the inaudible portion of the videotape ; whether investigative hearsay was impermissibly introduced ; and whether there was sufficient evidence to support the verdict.

Payne v. Com., 2004-SC-000269-MR - Not To Be Published, Affirming -- PDF -

Appellant, William Payne, was convicted of nine counts of First-Degree Rape and five counts of First-Degree Sodomy. The jury also found that Appellant was a persistent felony offender. He contends 1) that the trial court erred in overruling his motion for a directed verdict; 2) that he was denied the right to a fair trial based upon prosecutorial misconduct; and 3) that he was denied the right to a fair trial due to ineffective assistance of counsel. Because Appellant did not properly preserve the directed verdict and prosecutorial misconduct issues, and ineffective assistance of counsel claims cannot be raised on direct appeal, we reject Appellant's claims of error. Accordingly, we affirm Appellant's convictions.

Peacher v Com., 2004-SC-001067-MR - Not To Be Published, Affirming -- PDF

Appellant, Brooks Peacher, pled guilty in the Christian Circuit Court to two counts of trafficking in a controlled substance in the first degree, first offense, KRS 218A.1412, and was sentenced to the maximum penalty of ten years on each count, which sentences were ordered to be served consecutively for a total of twenty years in prison . He appeals to this Court as a matter of right, Ky. Const. § 110(2)(b), asserting that the trial court erred in (1) overruling his motion to withdraw his guilty pleas, and (2) failing to hold an evidentiary hearing on that motion. Finding no error, we affirm.

Peterson v. Com., 2002-SC-000973-MR - To Be Published, Affirming -- PDF

On June 30, 2000, the Marshall County Sheriff's Department executed a search warrant of Appellant Charles Peterson's residence, wherein they discovered several compact discs containing a variety of pornographic images. One disc included multiple images of children engaged in explicit sexual activity, as well as a photograph of two minors, A.D. and T .S . The sheriff's department later obtained a videotape, surreptitiously recorded by Appellant, which briefly portrayed A.D. nude as she exited the shower.

Pollini V Com., 2003-SC-000552-MR - To Be Published,Affirming in Part, Reversing in Part -- PDF

A jury of the Jefferson Circuit Court convicted Appellant, Jasper Pollini, for the crimes of murder (complicity), first degree burglary (complicity), second degree burglary (complicity), and receiving stolen property over $300 (complicity) in connection with an early morning burglary spree which culminated with the murder of Byron Pruitt. During the sentencing phase, the jury found as an aggravating circumstance that Appellant murdered Pruitt while he was engaged in the commission of a first degree burglary and fixed Appellant's sentence for the murder of Pruitt at life imprisonment without the benefit of parole for twenty-five (25) years. Appellant was also sentenced to fifteen (15) years, ten (10) years, and one (1) year, respectively, for the remaining crimes, with such sentences ordered to run concurrently with the sentence on the murder conviction . Appellant now appeals to this Court as a matter of right. Ky. Const. § 110(2)(b) . For the reasons set forth herein, we affirm all of Appellant's convictions in this case, but vacate the sentence imposed on the murder conviction and remand for a new penalty phase trial on noncapital murder.

Pritchard v. Com., 2003-SC-000803-MR - Not To Be Published, Affirming -- PDF

A Hardin Circuit Court jury found Appellant, James Edward Pritchard, guilty of robbery in the first degree and sentenced him to twenty years imprisonment. He appeals to this Court as a matter of right. On July 1, 2002, Kay Allen was robbed of her purse and its contents as she was getting into her car to leave a Shell Five Star gas station . After the robbery, Ms . Allen entered the Shell gas station to call for help . She told the three responding police detectives that the robber was wearing a blue shirt and Tommy Hilfiger blue jeans, and that she last saw him running into the parking lot of the Budget Motel next door to the gas station .