Opinions For May 2, 2003
Kentucky Court of Appeals
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Kimbler v. Com., 2001-CA-000458 -- Not Published; Affirmed -- PDF - Text

Joe Kimbler appeals the Russell Circuit Court's denial of his motion to vacate the judgment under RCr1 11.42. We affirm. On May 15, 1998, the Commonwealth charged Appellant with Assault in the First Degree, a class B Felony, after he and his son, Donnie Kimbler, had words with their neighbor, Ezra Jones, resulting in Mr. Jones' falling off his front porch.

Noel v. Com., 2001-CA-001107 & 2001-CA-002648-MR -- Not Published; Affirmed -- PDF - Text

Jason Derek Noel appeals his convictions from Green and Washington Circuit Courts for trafficking in cocaine. We affirm. Sealed indictments were returned versus Noel in August 1996 in Taylor County; this matter was later moved to Green Circuit Court after the defense successfully moved to change venue. Similar indictments were returned in Washington County. In both cases, the Commonwealth's chief witness against Noel was Labron Gaither. Gaither was murdered the day after he testified before the grand jury in Taylor County.

Clift v. Com., 2001-CA-001721 -- Published; Affirmed -- PDF - Text

Lashonda Gayle Clift has appealed from a judgment entered by the Fayette Circuit Court, on July 18, 2001, which convicted her of criminal abuse in the third degree1 and sentenced her to two days in jail and a $250.00 fine. Having concluded that the evidence presented at trial was sufficient to convict Clift, that she was not subjected to double jeopardy, and that Clift's other claims of error were not preserved for review, we affirm.

A.W. v. Com., 2001-CA-002411 -- Published; Reversed and Remanded -- PDF - Text

This matter is on discretionary review from an order of the Campbell Circuit Court which affirmed an order by the juvenile division of the Campbell District Court holding a public offender in contempt for violation of the conditions of her probation. Although we agree with the circuit court that the juvenile court was within its authority to impose contempt, we conclude that the juvenile court's exercise of this authority did not afford basic due process to the child. Hence, we reverse and remand for further proceedings.

Pinkston v. Com., 2001-CA-002552 -- Published; Affirmed in Part, Reversed in Part -- PDF - Text

This is an appeal from a judgment convicting appellant of first-degree fleeing or evading police, second offense driving under the influence ('DUI'), and first-degree wanton endangerment. Appellant argues that convicting him of all three offenses constitutes double jeopardy under Section 13 (the 'Double Jeopardy Clause') of the Kentucky Constitution and KRS 505.020. We agree and therefore reverse the first-degree wanton endangerment and second offense DUI convictions.

Gateskill v. Com., 2002-CA-000099 -- Not Published; Affirmed -- PDF - Text

Denia Antonette Gateskill appeals from a conditional guilty plea alleging that the trial court erred by denying her motion to suppress evidence and statements given to police following her detention and arrest on drug-related offences. Gateskill also contends that the trial court erred by denying her motion to disclose the identity of a confidential informant. Having reviewed the arguments of the parties and the record, we affirm.

Hayes v. Com., 2002-CA-000383 -- Not Published; Affirmed -- PDF - Text

Demetres D. Hayes appeals from a conditional guilty plea alleging that the trial court erred by denying his motion to suppress statements given to police during questioning.

Kennedy v. Com., 2002-CA-000433 -- Not Published; Affirmed -- PDF - Text

In 1997 Michael Kennedy was charged in an indictment with 209 counts of Unlawful Transaction with a Minor in the first degree and Use of a Minor in a Sexual Performance. Because of Kennedy's standing as a member of the Frankfort community through his positions as Executive Director and Program Director at the YMCA, the case received considerable publicity.

Pruitt v. Com., 2002-CA-000745 -- Not Published; Reversed & Remanded -- PDF - Text

On September 12, 2001, Charles Allen Pruitt entered a conditional guilty plea in the Henderson District Court to one count of possession of marijuana.1 He reserved his right to appeal from the district court's denial of his motion to suppress evidence seized as a result of a pat-down search.

Adams v. Com., 2002-CA-001055 -- Not Published; Affirmed -- PDF - Text

Matthew T. Adams appeals from an order of the Henderson Circuit Court revoking his probation. We affirm. Adams entered a non-conditional guilty plea to charges of burglary in the first degree, theft of a firearm, two counts of theft by unlawful taking, burglary in the third degree, criminal mischief in the first degree, intimidating a witness, and criminal mischief in the third degree. He was sentenced to five years on each of the felony counts, and ninety days for the misdemeanor criminal mischief. The sentences were ordered to run concurrently for a total of five years.

McPeak v. Com., 2002-CA-001214 -- Not Published; Affirmed -- PDF - Text

During the late evening of March 31, 2000, someone drove Donald McPeak's Chevy Blazer into the ditch in front of his house. An Allen County jury found that McPeak had been the driver and that he had been intoxicated at the time. Because this was McPeak's fourth conviction within a five-year period of driving under the influence (DUI),1 the offense was punished as a class-D felony.

Phillips v. Com., 2002-CA-001381 -- Not Published; Affirmed -- PDF - Text

This is an appeal from an order denying appellant's RCr 11.42 motion alleging ineffective assistance of counsel in his trial for the murder of his wife. Appellant claims his trial counsel was ineffective for failing to request instructions on the lesser-included offenses of first-degree manslaughter (intending to cause serious physical injury), second-degree manslaughter, and reckless homicide.

Phillips v. Com., 2002-CA-001381 -- Not Published; Affirmed -- PDF - Text

This is an appeal from an order denying appellant's RCr 11.42 motion alleging ineffective assistance of counsel in his trial for the murder of his wife. Appellant claims his trial counsel was ineffective for failing to request instructions on the lesser-included offenses of first-degree manslaughter (intending to cause serious physical injury), second-degree manslaughter, and reckless homicide.


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