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Simeon v Com., 2005-SC-000237-MR - Not Published, Affirming -- PDF

A circuit court jury convicted John L. Simeon of sexual abuse and sodomy, and the trial court imposed a sentence of a maximum of twenty years' imprisonment.' Simeon was convicted of one count each of the following crimes : first-degree sexual abuse, second-degree sexual abuse, third-degree sexual abuse, second-degree sodomy, and thirddegree sodomy. The trial court sentenced Simeon according to the jury's recommendation : ten years' imprisonment on the second-degree sodomy count; five years' imprisonment on the first-degree sexual abuse count; and five years' imprisonment for the third-degree sodomy count, with the sentences to be served consecutively, for a total of twenty years' imprisonment . The jury had also recommended a sentence of twelve months in the county jail and a fine of $500 for the second-degree sexual abuse count and a sentence of nine months in the county jail and a fine of $250 for the third-degree sexual abuse count. On direct appeal, he argues that the trial court erred by allowing (1) his daughter to testify during the guilt phase of the trial about Simeon's prior sexual acts with her, which Simon argues were too dissimilar and remote to be admissible ; and (2) his son to testify during the penalty phase of the trial about Simeon's threatening a witness, especially in light of the fact that the witness intimidation charge against Simeon was dismissed before trial. Simeon argues that his conviction must be reversed and the case remanded for a new trial or, at least, the case be remanded for a new sentencing phase of the trial proceeding. We find no merit to either argument and affirm.

Stone v Com.,2004-SC-000690-MR - Published, Reversing -- PDF

Appellant, Neal Scott Stone, was convicted of trafficking in a controlled substance in the first degree by a Nelson County jury. He was sentenced to twenty years' imprisonment. He appeals to this Court as a matter of right, Ky. Const. § 110(2)(b), raising five allegations of error. For the reasons set forth herein, we reverse .