Opinions For July 27, 2007
Kentucky Court of Appeals
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Bluegrass Region

Central Region

McStoots V Com., 2006-CA-000857 -- To Be Published ; Affirming -- 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.

Fairrow V Com., 2006-CA-001193 -- Not To Be Published ; Affirming -- PDF

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.

Alleman V Com., 2006-CA-001605 -- To Be Published ; Reversing and Remanding -- PDF

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.

Eastern Region

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.

Northern Region

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.
Western Region
Louisville Metro

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