NOT TO BE PUBLISHED OPINION MOORE, JUDGE: Javier Torrez appeals from a judgment and sentence entered by the Scott Circuit Court on February 5, 2009, following his conditional guilty plea to the charges of trafficking in marijuana over five pounds, operating a motor vehicle under the influence, and operating a motor vehicle without an operator's license. Torrez's conditional guilty plea preserved his right to appeal the trial court's denial of his motion to suppress. For the following reasons,...
NOT TO BE PUBLISHED OPINION VANMETER, JUDGE. Joshua Craig appeals from the judgment of the Christian Circuit Court sentencing him to four years' imprisonment and imposing a fine in the amount of $100. For the following reasons, we affirm. While on patrol, Sergeant Clayton Sumner noticed a car pulling out of a driveway and stopping abruptly. He observed the car, began following it, and noticed the car did not have the required tags. The car circled around the block, Sgt. Sumner activated his...
OPINION CLAYTON, Judge. Appellants, Frank Hamilton and Heather Cole, appeal their convictions of trafficking in buprenorphine in the Knox Circuit Court. For the reasons that are discussed below, we remand this case to the trial court. 2 BACKGROUND INFORMATION Hamilton and Cole were both arrested for selling Suboxone, a synthetic opiate that consists of buprenorphine and naloxone. They both offered the same defense theory to the trial court: that Suboxone was improperly classified as a...
Not to Be Published OPINION LAMBERT, JUDGE. Mark Harris appeals from the October 9, 2009, order of the Greenup Circuit Court, Family Division, addressing visitation and the payment of child support arrearages by his former wife, Jacqueline Tussey. He also appeals the order denying his motion to alter, amend, or vacate that ruling. Mark contends that the family court abused its discretion by refusing his request to watch the children during Jacqueline's visitation time while she worked and by...
Not to Be Published OPINION NICKELL, JUDGE. Following a one-day jury trial, Emory Hudson was convicted of operating a motor vehicle while under the influence of alcohol, fourth offense, 1 and being a persistent felony offender in the first degree 2 (PFO I) for which he was sentenced to an enhanced term of twenty years. His conviction was affirmed on direct appeal 3 to the Supreme Court of Kentucky. Hudson v Commonwealth, 202 S.W.3d 17 (Ky. 2006). In October of 2009, Hudson, acting...
Not to Be Published OPINION CAPERTON, JUDGE. The Appellant, James Earl Porter, appeals the October 19, 2009 order of the Franklin Circuit Court denying his Kentucky Rules of Criminal Procedure (RCr) 11.42 motion and refusing to appoint him counsel for same, in which Porter sought to vacate his ten-year sentence for four counts of criminal possession of a forged instrument in the second degree and two counts of fraudulent use of a credit card over $100 within a six-month period. Beginning on...
OPINION THOMPSON, Judge: This case involves a workers' compensation insurance coverage claim between Peabody Painting & Waterproofing, Inc. and Kentucky Employers' Mutual Insurance Company (KEMI), and Fusting Insurance Agency's claim that it is entitled to indemnity from KEMI. The Jefferson Circuit Court granted KEMI's motion for summary judgment on the basis that the KEMI policy did not provide extraterritorial coverage for a Peabody employee injured in Louisiana. It subsequently denied...
OPINION LAMBERT, Judge. Laura Phillips appeals from the Fayette Circuit Court's August 3, 2009, order granting summary judgment in favor of the Lexington-Fayette Urban County Government and its October 8, 2009, order dismissing an amended complaint filed against Nicholas Bodkin and Jason Kirby. After careful review, we affirm both orders. On April 8, 2009, Laura Phillips filed a complaint against Appellee, Lexington-Fayette Urban County Government (LFUCG), alleging that she suffered an...
Not to be Published OPINION NICKELL, JUDGE: Joseph P. Hancock has appealed from the Jefferson Circuit Court's denial of his RCr 1 11.42 for post-conviction relief without holding an evidentiary hearing. For the following reasons, we affirm. On September 15, 2005, Hancock was charged with two counts of robbery in the first degree 2 stemming from two separate crimes committed on different dates. The facts supporting the indictment were set forth in the Commonwealth's response to discovery...
Not to be Published OPINION HENRY, SENIOR JUDGE: Barry Windell Hampton appeals from the findings of fact, conclusions of law and order of the Hardin Circuit Court which denied his motion pursuant to Kentucky Rules of Criminal Procedure (RCr 11.42). Hampton argues that he was denied his right to effective assistance of counsel when he entered a plea of guilty to two counts of assault in the second degree. We affirm. Hampton was charged by a grand jury with assault in the first degree,...
Not to be Published OPINION TAYLOR, CHIEF JUDGE: Ashe Lydian brings this appeal from a July 6, 2009, judgment of the Nelson Circuit Court sentencing Lydian to ten-years' imprisonment following a jury conviction upon multiple offenses. We affirm in part, reverse in part, and remand. In the early morning hours of December 4, 2008, Lydian and his cousin, Charles Pointer, left a nightclub known as Still Bill's. Still Bill's was located in close proximity to the courthouse in Bardstown, Kentucky....
Not to be Published OPINION LAMBERT, JUDGE: This appeal is before us on remand from the Kentucky Supreme Court for reconsideration in light of its decision in Jones v. and remand for proceedings consistent with this opinion. The facts underlying this case were stated in our previous opinion as follows: On July 26, 2006, Law was indicted in Pulaski Circuit Court for one count of rape in the third degree and one count of sodomy in the third degree, both Class D felonies. These crimes...
Not to be Published OPINION HENRY, SENIOR JUDGE: Jessica Padilla appeals from a judgment of the Kenton Circuit Court which imposed a sentence of ten years after a jury found her guilty of criminal abuse in the first degree. Padilla raises two arguments on appeal: first, she requests palpable error review of her contention that, at her sentencing hearing, the Commonwealth introduced false statistical evidence regarding her likelihood of receiving parole. Second, she contends that her right to...
Not to be Published OPINION DIXON, JUDGE: Melinda Kaye Elmore appeals from a judgment and decree of dissolution of marriage rendered by the Butler Circuit Court. The sole issue presented on appeal regards the classification of Michael's retirement account as non-marital property. Because we conclude the trial court erred as a matter of law, we affirm in part, vacate in part and remand for additional proceedings. The parties were married in June 1990 and separated in June 2008. At the time...
OPINION ISAAC, SENIOR JUDGE: David P. Sangster, M.D. appeals from an order of the Jefferson Circuit Court authorizing the Kentucky Board of Medical Licensure (KBML) to utilize and disclose as evidence a Kentucky All Schedule Prescription Electronic Reporting (KASPER) report in the pending administrative action against Dr. Sangster. For the following reasons, we affirm. KASPER is an electronic system that monitors the dispensing of controlled substances and is maintained by the Drug...
Not to be Published OPINION DIXON, JUDGE: Dirk Parker appeals a final judgment rendered by the Fayette Circuit Court following a jury trial, alleging that the court erroneously denied his pre-trial suppression motion and impermissibly allowed the Commonwealth to reopen its case during the penalty phase of the trial. Finding no error, we affirm. In the early morning hours of August 4, 2008, Parker was visiting the home of Ronald Padgett on Elm Tree Lane in Lexington, Kentucky. Parker,...
OPINION CAPERTON, Judge: The Appellants, hereinafter referred to as the "City Council of LaGrange," appeal the June 22, 2009, order of the Oldham Circuit Court sustaining the motion for judgment filed by the Appellee, Mayor Elsie Carter, with respect to the appointment of Graham Whatley as City Attorney, and sustaining the Mayor's motion to void a tax reduction implemented by the Council, as well as the September 28, 2009 order denying the Council's motion to alter, amend or vacate. Having...
Not to be Published OPINION NICKELL, JUDGE: Anthony Johnson was convicted of multiple charges in the Christian Circuit Court, including being a Persistent Felony Offender in the second degree (PFO II), 1 and was sentenced to serve a term of imprisonment of seventeen years. He appeals as a matter of right. We affirm. The facts of this case are relatively simple and undisputed. As the result of a traffic stop, Johnson was charged with speeding, 2 unlawful possession of two or more operators'...
Not to be Published OPINION ACREE, JUDGE: The appellant, Demetrick Ellis, appeals the denial of his Kentucky Rule of Criminal Procedure (RCr) 11.42 motion. The Jefferson Circuit Court denied his motion without an evidentiary hearing and we affirm. Ellis was tried by a jury and found guilty of murder. The jury was unable to reach a decision on the issue of penalty so the court, by judgment of conviction entered on June 14, 1996, sentenced Ellis to forty years' imprisonment. The conviction...
Not to be Published OPINION SHAKE, Senior Judge: Raymond O. Poynter ("Poynter") seeks review of a Workers' Compensation Board opinion affirming the order of the Administrative Law Judge ("ALJ") entered on November 20, 2009. Poynter also appeals from an order entered by the ALJ on January 12, 2010 denying his petition for reconsideration. Poynter's appeal alleges that the ALJ improperly selected and directed him to undergo a treatment option as a condition of future medical treatment. Because...
