|
Rendered August 26, 2010 Kentucky Supreme Court | |
|
(Locate by date or by case name) |
|
(KBA opinions follow the Criminal
Opinions)
Use Adobe's Conversion Tool to convert the following PDF files into text in the event that you are viewing this page with assistive technology that is not compatible.
Christopher
Gamble v Com. , 2008-SC-000669-DG-- To be Published, Affirming
-- PDF
Nabryan Marshall , 2008-SC-000894-DG-- To be Published, Affirming
-- PDF
In this case, we are called upon to interpret KRS515 .020(1)(c), which
aggravates second-degree robbery to first-degree robbery when the defendant
"[u]ses or threatens the immediate use of a dangerous instrument . . . ." We
conclude that the trial court did not err in denying a directed verdict motion on
the charge of first-degree robbery under KRS 515.020(1)(c), where the
defendant threatened the use of a gun in the course of a bank robbery.
After entering a conditional guilty plea, Appellee, Nabryan Marshall, was convicted of trafficking in a controlled substance and bail jumping in Fayette
Circuit Court on October 15, 2007. Appellee's plea bargain reserved his right to appeal the trial court's order overruling his earlier motion to suppress evidence that he alleges was collected in violation of the Fourth Amendment of the United States Constitution and Section Ten of the Kentucky Constitution .
On direct appeal, Appellee successfully argued that the search was unconstitutional, and the Kentucky Court of Appeals reversed the trial court's order.
>
Antwan Ladale Hayes v Com. , 2009-SC-000087-MR-- To be Published, Affirming
-- PDF
Charles D. Oakes v Com. , 2009-SC-000186-MR-- To be Published, Affirming
-- PDF
Appellant, Antwan Ladale Hayes, was sentenced to twenty years'imprisonment after he was convicted in the Hardin Circuit Court of seconddegree manslaughter and first-degree criminal abuse. He appeals that conviction to this Court as a matter of right. Ky. Const. § 110(2) (b) . For reasons explained below, we affirm the Hardin Circuit Court.
A Bullitt Circuit Courtjury convicted Appellant, Charles D. Oakes, of second-degree robbery and of being a second-degree persistent felony offender. He raises three issues on appeal : the trial court's refusal to allow him to introduce a KASPER report of the victim into evidence, problems relating to the victim's identification of him, and the court's refusal to give a lesser-included offense instruction . For the reasons set forth below, his conviction and sentence are affirmed .
>
David Dressman v Com. , 2006-SC-000684-MR-- To be Published, Affirming
-- PDF
David Dressman appeals as a matter of right from a Judgment of the Scott Circuit Court convicting him of complicity to commit murder, in violation of KRS 507.020 and KRS 502.020, and complicity to commit first-degree burglary, in violation of KRS 511 .020 and KRS 507.020 . In accord with the jury's sentencing recommendation, the trial court sentenced Dressman to concurrent terms of twenty and ten years' imprisonment, respectively . The Commonwealth alleged, and the jury found, that Dressman unlawfully entered. the home of his girlfriend's mother, Diane Snellen, and either killed her himself or was complicit with either of two others-his girlfriend, Stephanie Olson, or an acquaintance, Timothy Crabtree-who did so . Olson and Crabtree were also indicted for the murder.
>
Frederick Jackson v Com. , 2009-SC-000003-MR-- To be Published, Affirming
-- PDF
Norman Graham v Com. , 2009-SC-000069-MR-- To be Published, Affirming
-- PDF
Cameron Hunt v Com. , 2009-SC-000312-DG-- To be Published, Affirming
-- PDF
On September 8, 2005, Appellant, Frederick Jackson, was arrested in
Future City, Kentucky, after law enforcement officials set up a controlled drug
buy with cooperating witness, Kimberly Pace. According to the testimony of
Pace, she called Appellant and told him that she wanted to buy approximately
$300 .00 worth of crack cocaine . Pace, in working with law enforcement, went
to the local IGA store and raised the hood of her car, as if she had car trouble .
She called Appellant, informing him that she could not come to his location
due to car trouble . Appellant then came to the IGA store . Once there, Pace
entered Appellant's vehicle and purchased crack cocaine.
A Todd County jury convicted Appellant Norman Graham of murder and
first-degree rape. He seeks reversal of his convictions on four grounds: the
lack of a Daubert hearing on DNA evidence ; juror misconduct; prosecutorial
misconduct; and undue delay in his prosecution. Finding no error, this Court
affirms the Todd Circuit Court.
Appellant Cameron Hunt petitioned this Court for discretionary review of an opinion by the Court of Appeals affirming the revocation of his probation by
the Hickman Circuit Court. We granted discretionary review to clarify the due process requirements for a probation revocation hearing.
>
Mitchell Jackson v Com. , 2009-SC-000046-MR -- To be Published, Affirming
-- PDF
Shawn Windsor v Com. , 2008-SC-000383-MR-- To be Published, Affirming
-- PDF
Brandon Jamor Ballard. , 2009-SC-000314-DG-- To be Published, Affirming
-- PDF
This case comes to the Supreme Court as a matter-of-right appeal
brought by Appellant Mitchell Jackson from an order of the Jefferson Circuit
Court revoking his probation and ordering him to serve a twenty-year sentence
derived from two separate judgments of conviction . Jackson raises three
claims of error concerning his revocation proceeding but the threshold issue
before us is whether his appeal is properly before the Supreme Court of
Kentucky or whether it should have been brought in the Court of Appeals .
Appellant, Shawn Windsor, appeals a judgment of the Jefferson Circuit
Court imposing two death sentences . Windsor entered an unconditional guilty
plea to two counts of murder, one count of felony theft, and one count of
violating a protective order. Windsor admitted that he murdered his wife, Betty
Jean, and their son, Corey, by stabbing them with a kitchen knife and beating
them with a dumbbell.
On January 13, 2005, Appellant, Brandon Jamor Ballard, pled guilty to illegal possession of a controlled substance ; failure to be in possession of an operator's license; third-degree criminal trespass; and loitering. In exchange for his plea, he was sentenced to the felony pretrial diversion program, with a one-year prison sentence diverted for three years. One of the conditions of Appellant's diversion directed that he "shall not commit another offense during the pendency of pre-trial diversion ."
>
KBA
Opinions
Review KBA Opinions/Orders at page 8 of the minutes
DPA > Law Library > Slip Opinion Index > Browsable 2009