NOT TO BE PUBLISHED OPINION MOORE, JUDGE. Matthew A. Franklin appeals the Hardin Circuit Court's order granting in part and denying in part his motion brought under CR 1 60.02. After a careful review of the record, we reverse the circuit court's decision concerning counts fifteen and eighteen of the indictment, as the Commonwealth concedes that Franklin's convictions on both of those counts violates his right against double jeopardy, and we remand that part of the case for further...
NOT TO BE PUBLISHED OPINION COMBS, JUDGE. Chris and Staci Jackson appeal an order of the Laurel Circuit Court granting summary judgment to appellees, Jack Cloyd and Reed's Heavy Equipment Parts, Inc. After reviewing the facts of the case and the pertinent law, we affirm. These following underlying facts are undisputed: In 2002 and 2003, Cloyd hired Reed's Heavy Equipment to excavate the property around his office in order to construct a parking lot. In the process, Reed's Heavy Equipment...
NOT TO BE PUBLISHED OPINION KELLER, JUDGE. The Appellant, Larry Morris (Morris), appeals a decision of the Jefferson Circuit Court denying him relief under Kentucky Rule of Criminal Procedure (RCr) 11.42 for ineffective assistance of counsel. Morris did not establish the requisite elements for a claim of ineffective assistance. Therefore, the decision of the circuit court is affirmed. On direct appeal this court summarized the facts of the underlying case as follows: On June 6, 2006, Larry...
OPINION LAMBERT, Judge: Wallace Wales Sr. appeals the entry of summary judgment in favor of the appellees, Ted Pullen, individually and in his capacity as Director of the Louisville Metro Government Department of Public Works, and Richard Storm, individually and in his capacity as Jefferson County Engineer. Based on the reasons stated herein, we reverse in part, affirm in part, and remand. On September 14, 2008, the Louisville, Kentucky, area was hit by a significant windstorm that resulted...
NOT TO BE PUBLISHED OPINION LAMBERT, JUDGE. In this appeal from a judgment of conviction entered pursuant to a conditional guilty plea, Ronald Hill contests the order of the Fayette Circuit Court denying his motion to suppress statements he made to police officers during an interview. Because we agree with Hill that the circuit court did not support its ruling with sufficient factual findings, either in writing or orally, we must vacate the final judgment and remand this matter for the...
NOT TO BE PUBLISHED OPINION DIXON, JUDGE. Leray Garrett Anderson appeals from the Jefferson Circuit Court's order denying his motion for post-conviction relief pursuant to CR 60.02(e)-(f). Finding no error, we affirm. On September 8, 1992, Anderson was indicted for the capital offense of complicity to commit murder and complicity to commit first-degree robbery. In March 1993, Anderson pled guilty to the charges, and the trial court subsequently imposed a sentence of life imprisonment. In...
NOT TO BE PUBLISHED OPINION STUMBO, JUDGE. Phillip Seaton and Deborah Seaton appeal from a Judgment of the Shelby Circuit Court reflecting a jury verdict in favor of Dr. John M. Patterson and Commonwealth Urology, PSC setting out a claim of civil battery arising from a surgical procedure. The Seatons contend that Dr. Patterson partially amputated Mr. Seaton's penis without authority, that there was no medical emergency justifying the procedure, and that the Seatons have proven the elements...
NOT TO BE PUBLISHED OPINION KELLER, JUDGE. Tiffany Lanham (Lanham) appeals from an order of the Crittenden Circuit Court revoking her probation. For the following reasons, we affirm. FACTS On October 6, 2008, Lanham pled guilty to two counts of trafficking in a controlled substance within 1,000 yards of a school by complicity and one count of second-degree trafficking in a controlled substance by complicity. Approximately one month later, the trial court entered an order granting Lanham...
OPINION NICKELL, JUDGE. Michael Martindale, and his wife, Velicia Martindale, appeal from an opinion and order entered by the Woodford Circuit Court on August 29, 2011, dismissing them from a bad faith claim 1 they had filed against First National Ins. Co. of America, Safeco Ins. Co. of America and insurance adjuster Laura Harp (referred to collectively as "Safeco"). Having reviewed the record, the briefs and the law, we affirm. This case began with a motor vehicle accident in December 2000....
NOT TO BE PUBLISHED OPINION DIXON, JUDGE. Appellant, Debra Sue Farris, pled guilty in the Fayette Circuit Court to one count of being a second-degree persistent felony offender and was sentenced to ten years' imprisonment. For the reasons set forth herein, we reverse the conviction and remand the matter for a new trial. In October 2009, Appellant was indicted by a Fayette County Grand Jury on one count of first-degree trafficking in a controlled substance, one count of possession of drug...
NOT TO BE PUBLISHED OPINION COMBS, JUDGE. Mark Adkins appeals the order of the Jefferson Circuit Court denying his motion for relief filed pursuant to Kentucky Rule[s] of Criminal Procedure (RCr) 11.42. Following our review, we affirm. Adkins was initially indicted for sexually and otherwise abusing three victims — K.M., A.A., and H.M. A.A. and H.M. are sisters; K.M. is their distant cousin. K.M. had resided in the same home with Adkins, who is her uncle, for several years. Adkins's mother (...
OPINION AND ORDER NICKELL, Judge: James W. Oakley seeks to appeal a verbal order made by the Family Court Division of the Laurel Circuit Court during an evidentiary hearing on August 2, 2011. We strike James's brief for noncompliance with the Kentucky Rules of Civil Procedure (CR) and dismiss the appeal for lack of jurisdiction. On August 8, 2011, James filed a Notice of Appeal stating: PLEASE TAKE NOTICE that Appellant, James W. Oakley, Respondent in the circuit court action, by and...
NOT TO BE PUBLISHED OPINION STUMBO, JUDGE. Ernest Merriweather appeals from his conviction and sentencing in Christian Circuit Court. Merriweather was convicted of possession of a controlled substance, first-degree, subsequent offense, and of being a persistent felony offender in the first degree. He was sentenced to a total of fifteen years' imprisonment. On appeal, Merriweather makes a number of arguments concerning pretrial, trial, and sentencing issues. We affirm the majority of the...
NOT TO BE PUBLISHED OPINION TAYLOR, JUDGE. Scottford Bryant brings this appeal from a May 12, 2011, order of the Barren Circuit Court denying his Kentucky Rules of Criminal Procedure (RCr) 11.42 motion without an evidentiary hearing. We affirm. Bryant was indicted by a Barren County Grand Jury on October 9, 2007, upon rape in the first degree, sodomy in the first degree, possession of marijuana, and with being a persistent felony offender in the first degree. He was accused of raping and...
NOT TO BE PUBLISHED OPINION COMBS, JUDGE. Javonna Buford appeals the order of the Warren Circuit Court denying his motion to vacate his conviction pursuant to Kentucky Rule[s] of Criminal Procedure (RCr) 11.42. After our review, we affirm. In February 2010, Buford sold ecstasy and cocaine to a confidential informant in recorded transactions. The police later found multiple baggies of marijuana and cocaine in Buford's home. As a result, Buford was indicted on six counts of trafficking in a...
NOT TO BE PUBLISHED OPINION KELLER, JUDGE. Andre S. Shephard (Shephard) appeals, pro se, from an order of the Jefferson Circuit Court denying his motion for post-conviction relief filed pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42 without conducting an evidentiary hearing. After careful review, we affirm. FACTS In 2002, Shephard assaulted Teandra Brown (Brown) and ultimately pled guilty to fourth-degree assault. As a result of that conviction, a "no unlawful contact"...
NOT TO BE PUBLISHED OPINION VANMETER, JUDGE. Robert G. Davis appeals from a Nelson Circuit Court order revoking his conditional discharge for failure to pay child support. We reverse and remand for further findings. In 2004, Davis entered a plea of guilty to one count of flagrant non-support. His arrearage at that time stood at $10,396.50. Under the terms of his plea agreement, he received a sentence of five years discharged on the condition that he pay $400 per month towards support and...
OPINION LAMBERT, Judge: This appeal by property owners William and June Mullins ("the Mullinses") arises from one of several toxic tort cases that were filed in Johnson and Lawrence Circuit Courts as a result of Ashland Oil, Inc., and Ashland Exploration Holdings, Inc.'s ("Ashland Oil"), drilling operations in the Martha Oil Field. The Mullinses contend that the circuit court erred in dismissing their claims for failing to file suit within the five-year statute of limitations as set forth in...
OPINION LAMBERT, Judge: These appeals by numerous property owners ("the plaintiffs" or "the appellants") and a protective cross-appeal from Ashland Oil, Inc., and Ashland Exploration Holdings, Inc. ("Ashland Oil"), arise from several toxic tort cases filed as a result of Ashland Oil's drilling operations in the Martha Oil Field. The appellants contend that the circuit court erred in dismissing their claims. Finding no error in the circuit court's rulings, we affirm. The appellants were...
NOT TO BE PUBLISHED OPINION ACREE, CHIEF JUDGE. The issue before us is whether the Kenton Circuit Court erred in denying Appellant William Thompson's Kentucky Rules of Criminal Procedure (RCr) 11.42 motion to vacate, set aside or correct the judgment against him due to ineffective assistance of counsel. Finding no error, we affirm. On May 2, 2007, Thompson robbed, at gunpoint, two employees of The Greyhound Tavern in Ft. Mitchell, Kentucky. Shortly after the robbery, a K-9 unit discovered...
