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Kentucky Court of Appeals (A service of the DPA Library) | |
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McStoots V Com., 2006-CA-000857
-- To Be Published ; Affirming
-- PDF
Fairrow V Com., 2006-CA-001193
-- Not To Be Published ; Affirming
-- PDF
Alleman V Com., 2006-CA-001605
-- To Be Published ; Reversing and Remanding
-- PDF
On October 3, 1995, a Grayson County grand jury indicted Derek
Bradford McStoots with two counts of murder and one count of robbery in the first
degree. The charges involved the brutal robbery and murder of McStoots’s parents.
McStoots was sixteen years old at the time the offenses were committed. McStoots
initially entered a plea of not guilty to the charges.On November 7, 1995, the Commonwealth gave notice that it intended to
seek the death penalty against McStoots. Thereafter, on May 21, 1996, McStoots
accepted the Commonwealth’s offer on a plea of guilty. In exchange for his guilty plea
to the charges, the Commonwealth recommended sentences of life imprisonment without
parole for twenty-five years on each count of murder and ten years on the robbery charge.
The trial court accepted the guilty plea and sentenced McStoots in accord with the
Commonwealth’s recommendation.
Michael Fairrow (“Fairrow”) was indicted by the Daviess County
Grand Jury for one count of first-degree assault, one count of second-degree assault and
eleven counts of first-degree wanton endangerment. These charges arose from a shooting
which occurred on February 27, 2005, at James Mason Park in Owensboro, Kentucky.
The shooting took place shortly after a group of people had finished playing a game of
football at the park. Injured during the shooting were Jason Taylor and DeAndre
Bennett. Taylor was struck in the leg and Bennett was wounded in the back.
Fairrow’s trial for the above charges began on April 11, 2006. Following
the close of proof, the jury returned a verdict of guilty on all charges. The jury sentenced
Fairrow to ten years’ imprisonment for the first-degree assault, five years for the seconddegree
assault, and one year each for the eleven counts of first-degree wanton
endangerment, with all sentences to run concurrently. The trial court entered a final
judgment and sentence on May 11, 2006, sentencing Fairrow to a total of ten years in
accord with the jury’s verdict. This appeal followed.
On August 29, 2003, a Hardin County grand jury indicted Lawrence
Everett Alleman on two counts of complicity to obtain a controlled substance by fraud,
false statement or forgery, and one count each of resisting arrest and being a first-degree
persistent felony offender. Thereafter, Alleman accepted the Commonwealth’s offer on a
plea of guilty to the charges in exchange for the Commonwealth’s recommendation of a
sentence of twelve years, with the sentence probated for five years. The Commonwealth
further recommended that this sentence would run consecutively with a prior sentence
imposed by the Montgomery Circuit Court. The trial court sentenced Alleman in accord
with the Commonwealth’s recommendation, and Alleman was released on probation on
November 18, 2004.
Lewis Jr. V Com.,2006-CA-001304
-- To Be Published ; Affirming
-- PDF
David Lee Lewis, Jr. appeals the Bell Circuit Court's order denying
his Kentucky Rule of Civil Procedure (CR) 60.02 motion for relief from the court's
judgment convicting him of murdering his wife and sentencing him to life imprisonment.
After a careful review of the record, we affirm the Bell Circuit Court's order.
Smith V Com., 2006-CA-001270
-- Not To Be Published ; Affirming
-- PDF
Hubert Smith appeals from an order of the Franklin
Circuit Court which denied his petition for declaratory relief.
Smith seeks relief because of a purported violation of the Interstate
Agreement on Detainers (IAD), see Kentucky Revised Statutes (KRS) 440.450, that
occurred in 1985. In 1984, Smith was a federal prisoner in Terre Haute, Indiana. On
May 10, 1984, the Commonwealth Attorney for Laurel County, Kentucky, filed a detainer warrant pursuant to the IAD requesting temporary custody of Smith in order to
bring him to London, Kentucky, to face charges of capital murder, first-degree rape and
first-degree PFO.