2007 Kentucky Supreme Court Opinions Index |
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Martin v KBA, 2007-SC-000095-KB
-- To Be
Published -- Opinion and Order -- PDF Monk v Com., 2005-SC-000470-MR
-- Not Published,
Affirming -- PDF
Morman v Com., 2005-SC-000957-MR
-- Not Published,
Affirming In Part And Vacating And Remanding In Part -- PDF
Morningstar v Com., 2005-SC-000894-MR - Not Published,
Affirming -- PDF
Movant, Sheridan Martin (KBA Member No. 84699), pursuant to SCR 3.480(2),
moves this Court to enter an Order suspending his license to practice law in the
Commonwealth of Kentucky for thirty (30) days subject to the conditions set forth below.
Movant was admitted to the practice of law in May of 1993, and maintains a Bar Roster
Address of P.O. Box 777, 5 Court Street, Allen, Kentucky 41601 . The Kentucky Bar
Association (KBA), in response to the Movant's Verified Motion for Consensual
Discipline, states that it has no objection to the motion. For the foregoing reasons, the
motion is granted.
Upon a jury verdict, Appellant, Cornelius Monk, was convicted of First Degree
Robbery' and of being a Second Degree Persistent Felony Offender. The court
sentenced Monk to twenty-five (25) years imprisonment. Appealing to this Court as a
matter of right, he argues that the prosecution denied his right to a fair trial by: (1)
questioning his alibi witness about a prior misdemeanor in violation of KRE 609; (2)
referring to .a judge's prior ruling about the admissibility of evidence during crossexamination
; (3) defining reasonable doubt; (4) improperly bolstering the victim's
credibility ; and (5) eliciting testimony regarding Monk's "guilty" body language. For the
following reasons, we affirm Monk's conviction.
Timothy Dwayne Morman appeals from the judgment of conviction
and sentence on two counts of second-degree sodomy and two counts of
second-degree rape. He argues that the judgment should be vacated because
the trial court erred by (1) denying his motion to withdraw his guilty pleas; and
(2) imposing a forty-year sentence, which exceeds the maximum sentence
permitted by Kentucky Revised Statutes (KRS) 532.110 .
We hold that the trial court did not abuse its discretion when it
denied Morman's motion to withdraw his guilty plea but that Morman's sentence
does exceed the maximum allowed by KRS 532.110. Thus, we affirm Morman's
convictions; but we vacate his sentence and remand the case to the trial court for
imposition of a new sentence .
A Pike Circuit Court jury convicted Jeffrey A. Morningstar of four counts of
second-degree rape. Morningstar committed all the offenses against C.C. over a twomonth
period in the summer of 2002 when C.C. was 13 years old . In accordance with
the jury's recommendation, the trial court sentenced Morningstar to a total of 20 years
in prison (five years on each count of second-degree rape to run consecutively) . Thus,
he appeals to this Court as a matter of right. Ky. Const. § 110(2)(b) .
Morningstar raises two issues on appeal : (1) that the trial court violated his
constitutional right to confront adverse witnesses by improperly applying KRE 412 ; and
(2) that the trial court erred in not allowing into evidence a letter written by the victim in
which she accused other men of molesting her. Finding no error, we affirm.
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