NOT TO BE PUBLISHED OPINION CAPERTON, JUDGE. Tanya Baynum appeals from her conviction in the Kenton Circuit Court on one count of third-degree rape, one count of custodial interference, and two counts of first-degree unlawful transaction with a minor, for which she was sentenced to ten years of imprisonment. After a thorough review of the parties' arguments, the record, and the applicable law, we agree with Baynum that the jury instructions given by the trial court were reversible error....
NOT TO BE PUBLISHED OPINION LAMBERT, JUDGE. Tony Glasper appeals from an order of the Jefferson Circuit Court denying his motion to vacate his conviction under Kentucky Rules of Civil Procedure (CR) 60.02. After careful review, we affirm. This case came before the Kentucky Supreme Court on direct appeal, and its opinion entered September 25, 2007, sets forth the facts of the case as follows: On the evening of March 27, 2001, the victim in this case, S.C., became intoxicated while drinking...
NOT TO BE PUBLISHED OPINION WINE, JUDGE. On February 9, 2006, a Henry County grand jury indicted Danny Lee May on two counts of first-degree rape, two counts of first-degree sodomy, and one count each of kidnapping, first-degree sexual assault, intimidating a witness in a legal process, and being a first-degree persistent felony offender (PFO I). May initially pleaded not guilty to the charges. During the course of the pre-trial proceedings, the Commonwealth gave notice of its intent to...
NOT TO BE PUBLISHED OPINION WINE, JUDGE. Teresa Goodlett appeals from the July 8, 2010, trial verdict and judgment of the Shelby Circuit Court which found her guilty of one count of promoting contraband, first degree, and six counts of promoting contraband, second degree. We find no error with the trial court judgment and therefore affirm. Goodlett was previously employed as a deputy jailer at the Shelby County Detention Center ("SCDC"). Pursuant to SCDC's personnel policies, no contraband...
NOT TO BE PUBLISHED OPINION WINE, JUDGE. Ronnie Lamont Searight appeals from an order of the Fayette Circuit Court denying his Kentucky Rules of Criminal Procedure (RCr) 11.42 motion to set aside his judgment of conviction and sentence for one count of first-degree possession of a controlled substance and one count of fleeing and evading the police, with the enhancer of persistent felony offender (PFO) in the first degree. On appeal, Searight argues that he is entitled to a hearing because...
OPINION KELLER, JUDGE. The Administrative Law Judge (ALJ) dismissed Don Gogel's (Gogel) workers' compensation claim, finding that Gogel was an independent contractor, not an employee. The Workers' Compensation Board (the Board) affirmed the ALJ, and Gogel appeals from the Board's opinion. On appeal, Gogel, who was an exercise rider for horse trainer John Hancock (Hancock), argues that the ALJ and the Board misapplied existing law. In the alternative, Gogel argues that the law should be...
NOT TO BE PUBLISHED OPINION KELLER, JUDGE. This matter is before us on discretionary review. The Barren District Court entered an order committing T.R., a child under eighteen, to the Department of Juvenile Justice (DJJ) for residential placement. The Barren Circuit Court affirmed the district court, and it is from the circuit court's order that T.R. appeals. For the reasons set forth below, we affirm. FACTS In October 2005, T.R. was convicted of first-degree sexual abuse for sexually...
OPINION LAMBERT, JUDGE. This case comes to us on remand from the Kentucky Supreme Court for consideration of Jasper Pollini's ineffective assistance of appellate counsel claim under Hollon v. Commonwealth, 334 S.W.3d 431 (Ky. 2010). After careful review, we vacate and remand to the trial court for proceedings consistent with this opinion. The pertinent facts of this case, as set forth by the Kentucky Supreme Court, are as follows: In the early morning hours of May 7, 2002, Appellant,...
NOT TO BE PUBLISHED OPINION WINE, JUDGE. L.D.A. appeals from an order of the Marshall Family Court which granted sole custody of his son, M.W.A., to the mother, A.W., and denied him any visitation with the child. L.D.A. primarily argues that the trial court improperly considered the child's incompetent and hearsay statements to the custodial evaluator. We conclude that the child's statements to the evaluator were not hearsay because the truth of the matters asserted was not directly before...
NOT TO BE PUBLISHED OPINION WINE, JUDGE. On November 13, 2007, a Butler County grand jury indicted Dennis Childers on charges of murder, tampering with physical evidence, kidnapping and being a persistent felony offender in the first degree (PFO I). The primary charges arose from the death of Teresa Childers in January of 2000. The matter proceeded to trial in May and June of 2009. The Commonwealth completed the presentation of its case and the defense began the presentation of its case....
NOT TO BE PUBLISHED OPINION THOMPSON, JUDGE. Valerie Guest, f/k/a Valerie Smith, appeals an order of the Daviess Circuit Court, permitting Franklin Douglas Smith to withhold a monthly sum sufficient to pay all taxes owed by Valerie from the portion of his military pension benefits awarded to Valerie in the parties' marital separation agreement. She also appeals the portion of the order denying her attorney's fees. Valerie and Franklin were married on June 6, 1985, when Franklin was on...
NOT TO BE PUBLISHED OPINION WINE, JUDGE. Mark Damian Yarmey appeals from his conditional guilty plea in the Jefferson Circuit Court to the use of a minor in a sexual performance. On appeal, Yarmey challenges the introduction of several photographs at trial and the trial court's refusal to provide a limiting instruction therefore, and the trial court's refusal to allow cross-examination of the victim concerning a rape occurring after the commission of the crime herein. History On March 25,...
NOT TO BE PUBLISHED OPINION KELLER, Judge. S.L.H. (Father) appeals from an order of the Henderson Family Court terminating his parental rights with respect to T.D.M., his daughter. For the following reasons, we affirm. FACTS Father and C.D.P. (Mother) are the natural parents of T.D.M. who was born in 1999. At the time of T.D.M.'s birth, both Father and Mother were married to other people from whom they are now divorced. Father was present at the hospital when T.D.M. was born; however, he...
NOT TO BE PUBLISHED OPINION CLAYTON, Judge. Barbara Ferguson appeals from a judgment entered by the Johnson Circuit Court in a commercial motor vehicle accident. The judgment was based on a unanimous jury verdict in favor of Undertow Trucking, Inc. Ferguson maintains that the trial court erred when it failed to grant her motion for directed verdict on the issue of liability and denied her motion for a judgment notwithstanding the verdict. Furthermore, she argues that the trial court provided...
OPINION MOORE, JUDGE. Michelle Smith appeals from the Crittenden Circuit Court's order sentencing her to five years' imprisonment. After a thorough review of the record, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND On June 1, 2009, Smith was indicted for Possession of Drug Paraphernalia, Second Offense. On September 10, 2009, Smith pled guilty to the charge. Pursuant to the plea agreement, which was executed by all parties, the Commonwealth recommended that Smith receive pretrial...
NOT TO BE PUBLISHED OPINION STUMBO, JUDGE. LA Exotic Motorcars, Inc. 1 appeals from an order of the Jefferson Circuit Court overruling its motion to set aside a default judgment rendered in favor of Vincent Wimsett. The default judgment was rendered after LA Exotic Motorcars' answer to Wimsett's complaint was stricken by order of the Jefferson Circuit Court. LA Exotic Motorcars maintains that it never received notice that its answer was stricken, and that it was prepared to assert valid...
OPINION STUMBO, JUDGE. This consolidated appeal concerns the Jefferson Circuit Court's dismissal of a case with prejudice and the expungement of the case records. The Commonwealth argues that the trial court did not have the authority to dismiss the case with prejudice. It also argues that the records should not have been expunged. We agree with the Commonwealth and reverse and remand. On February 23, 2000, Felix Castillo was charged with first-degree assault. He was later indicted on the...
NOT TO BE PUBLISHED OPINION STUMBO, JUDGE. Lorenza Figueroa appeals from an order of the Jefferson District Court appointing the Public Administrator to administer the estate of her nephew, Saul Figueroa-Bautista. She argues that the Public Administrator was appointed before 60 days had elapsed, making the appointment void under KRS 395.390(1). The Appellees argue there is no time limit requirement for the appointment of the Public Administrator. We find KRS 395.390(1) generally requires...
OPINION LAMBERT, Judge: In this dissolution action, Virginia Lee Crawford has appealed from the August 6, 2010, order of the Boyd Circuit Court confirming the report and supplemental report of the Domestic Relations Commissioner (DRC). Virginia asserts that the circuit court, in adopting the DRC's findings and conclusions, did not equitably divide the marital property and debt and that it failed to award maintenance, medical expenses, and attorney fees. Having carefully considered the record,...
NOT TO BE PUBLISHED OPINION STUMBO, JUDGE. Mahle Engine Components is appealing from an award of workers' compensation benefits to Ronald Tarrence. We find there was substantial evidence presented that justified the award and affirm. Tarrence is an employee of Mahle. He is a machine operator. His primary job is to take semi-rough parts and turn them into finished parts for machinery. On August 4, 2008, Tarrence was working on a machine. In order to reach a certain part of the machine, he...
