NOT TO BE PUBLISHED OPINION TAYLOR, Judge. Tamatha Lee Hall brings this appeal from a September 27, 2013, Order of the Greenup Circuit Court, Family Court Division II, granting a motion to reduce child support filed by Luther Daniel Hall. We reverse and remand. On February 12, 1998, the parties were divorced by decree of dissolution of marriage entered in the Muhlenberg Circuit Court (Action No. 97-CI-00384). The decree incorporated a property settlement agreement that provided Tamatha...
NOT TO BE PUBLISHED OPINION LAMBERT, Judge. Mack Tackett appeals from the order of the Pike Circuit Court denying his motion to vacate, set aside, or correct his sentence pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42. After careful review, we affirm in part, vacate in part, and remand for a ruling on Tackett's ineffective assistance of appellate counsel claim. FACTS In October 2009, Mack Tackett murdered his wife by shooting her in the neck when she threatened to leave him....
NOT TO BE PUBLISHED OPINION STUMBO, Judge. Gerald R. Smith appeals from a Judgment and Sentence of the Scott Circuit Court reflecting Smith's conditional plea of guilty to one count of Flagrant Non-Support. He contends that the Circuit Court lacked jurisdiction over this matter because the indictment was based on a vacated Ohio Order. For the reasons stated below, we find no error and AFFIRM the Order on appeal. In 1985, Appellant Gerald Smith and Susan Smith were wed in the Philippines....
NOT TO BE PUBLISHED OPINION COMBS, Judge. Drashawn Bartlett appeals the order of the Jefferson Circuit Court that denied his motion for relief pursuant to Kentucky Rule[s] of Criminal Procedure (RCr) 11.42. After our review, we affirm. On November 9, 2005, Adolfo Jiminez was shot and killed. Multiple witnesses saw a man get out of a car, shoot Jiminez, and run back to the car. The witnesses recorded the car's license plate number, which they provided to police. As a result, Bartlett and his...
NOT TO BE PUBLISHED OPINION KRAMER, Judge. Frederick Davis appeals the Kenton Circuit Court's order denying his RCr 2 11.42 motion to vacate, set aside or correct his sentence. After a careful review of the record, we affirm because Davis's claims either lack merit, are moot, or they should have been brought on direct appeal. I. FACTUAL AND PROCEDURAL BACKGROUND Davis was indicted on the charges of capital murder and attempted murder. Following a jury trial, he was convicted of the lesser-...
NOT TO BE PUBLISHED OPINION VANMETER, Judge. Kimberly Holmes appeals from the Jefferson Circuit Court's judgment of conviction and sentence which found her guilty of fourth-degree assault. For the following reasons, we reverse and remand this case to the trial court for further proceedings. In 2011, Kimberly and her husband, Andrew McCarty, were living with Andrew's grandmother, Wanda McCarty, in Wanda's home. The parties agreed that Kimberly and Andrew would pay $400 per month in rent, and...
OPINION CLAYTON , JUDGE : Anthony J. Ramsey appeals from the October 24, 2013, order of the Jefferson Circuit Court which denied Ramsey's motion for Kentucky Rules of Civil Procedure (CR) 60.02 relief. We affirm. Ramsey is currently serving an aggregate fifteen-year sentence on multiple criminal charges stemming from two separate indictments. On June 26, 2013, Ramsey filed a motion for shock probation. Therein, Ramsey asserted that he was suffering from multiple life threatening...
OPINION CAPERTON , JUDGE : Appellants Delbert Bessinger and Paul Carter appeal from the Warren Circuit Court's reversal of the Warren District Court's grant of Appellants' motion to suppress the evidence due to the unavailability of the arresting officer's in-car video tape. After a thorough review of the parties' arguments, the record, and the applicable law, we affirm the circuit court. The genesis of this appeal occurred on October 8, 2012, when Delbert Bessinger was arrested and...
NOT TO BE PUBLISHED OPINION COMBS, Judge. Without conducting an evidentiary hearing, the Fayette Circuit Court denied the Kentucky Rule[s] of Criminal Procedure (RCr) 11.42 motion to vacate, set aside, or correct sentence filed by Scott Gerald Malm. Malm has appealed. After our review of the record, we affirm. In January of 2005, Scott Malm shot and killed Alvis Thomas Agee in the course of a robbery. According to witness testimony, Malm organized a meeting among Agee, Archibaldo Salecedo-...
NOT TO BE PUBLISHED OPINION DIXON, Judge. Appellant, the Commonwealth of Kentucky Finance and Administration Cabinet (Cabinet), appeals from an order of the Breckenridge Circuit Court granting partial summary judgment in favor of Appellee, Stephen Barr, and dismissing its action for trespass and treble damages. Finding no error, we affirm. In June 1975, Hill Street Realty Company conveyed to the Cabinet for the benefit of the Department of Fish and Wildlife Resources ("Department") two...
NOT TO BE PUBLISHED OPINION TAYLOR, Judge. Rita Mitchell brings this appeal from an October 19, 2011, judgment of conviction upon a jury verdict of the Monroe Circuit Court to first-degree assault and second-degree criminal abuse. We affirm in part, reverse in part, and remand. Rita Mitchell and Donna Bartley were indicted in 2010 on charges stemming from the neglect and abuse of Bartley's disabled adult child, K.B. 1 Mitchell was charged with first-degree assault and second-degree...
NOT TO BE PUBLISHED OPINION TAYLOR, Judge. Linwood Earl Burgess-Smith brings this pro se appeal from an August 28, 2013, Opinion and Order of the Fayette Circuit Court denying his motion pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42 to vacate his judgment and sentence of imprisonment without an evidentiary hearing. We affirm. Appellant was indicted in November 2009 by a Fayette County Grand Jury upon myriad offenses related to events that occurred when police responded to a...
NOT TO BE PUBLISHED OPINION COMBS, Judge. The Commonwealth appeals from an order of the Jefferson Circuit Court which dismissed the indictment of Jesse Waldon. After our review, we vacate and remand. Waldon was charged with theft by unlawful taking over five hundred dollars. He was arraigned in Jefferson Circuit Court on February 25, 2013, and a trial date was set for July 23, 2013. In its order, the court informed the parties that "[t]he Court has intentionally not scheduled a pretrial...
NOT TO BE PUBLISHED OPINION ACREE, Chief Judge. The narrow question presented is whether the Carter Circuit Court abused its discretion when it refused to grant appellant Paul Branham's motion for a mistrial after a witness for the Commonwealth referred to prior drug transactions involving Branham. We see no abuse and affirm. Branham was indicted on first-degree trafficking in a controlled substance. His case proceeded to trial on August 24, 2010. The evidence at trial revealed that, on...
OPINION DIXON , JUDGE : Appellants, Walter M. Butt and Karen Petigo, co-administrators of the estates of Brian C. Butt and Michael A. Butt; Stephanie A. McCauley, as mother next friend and conservator for Maggie Elizabeth Ann McCauley; Ashley N. Hazelwood as mother, next friend and conservator for Kile A. Green; and Bruce E. Butt, appeal from an order of the Jefferson Circuit Court granting summary judgment in favor of Appellee, Independence Club Venture, Ltd. d/b/a The Electric Cowboy,...
NOT TO BE PUBLISHED OPINION STUMBO, Judge. G. G. (hereinafter referred to as "Stepfather") 2 appeals from a Trial Order and Judgment of the Edmonson Circuit Court reflecting a jury verdict of guilty on one count of Unlawful Transaction with Minor, First Degree, and five counts of Sexual Abuse, First Degree. Stepfather argues that the Edmonson Circuit Court committed reversible error in denying his motion for a continuance. We find no error and AFFIRM the Order and Judgment on appeal. "...
NOT TO BE PUBLISHED OPINION KRAMER, Judge. Barry N. Gray appeals the Henderson Circuit Court's judgment against him. Following a thorough review of the record, we affirm because Gray was sentenced in accord with his plea agreement and because his motion for pretrial diversion acknowledged that if he violated the terms of his diversion, the circuit court could sentence him to five years of imprisonment, which is what occurred. Gray was indicted on the charge of theft by deception over $10,...
NOT TO BE PUBLISHED OPINION LAMBERT, Judge. Amy Harmon has appealed from the Nelson Circuit Court's April 18, 2013, order denying her motion to alter, amend, or vacate its order entered March 14, 2013. In the earlier order, the circuit court granted Hidgon's Appliance Center's motion to dismiss the complaint and General Electric Company's motion for summary judgment, and dismissed Harmon's complaint with prejudice. The question before this Court is the effect of the misidentification of the...
NOT TO BE PUBLISHED OPINION CAPERTON, Judge. Shawna Johnson appeals the order of the Powell Circuit Court denying her motion to dismiss, arguing that the Kentucky Office of the Attorney General ("OAG") and Operation UNITE did not have the authority to conduct investigations in Powell County. We affirm. After an investigation conducted by the OAG and Operation UNITE, a task force that assists law enforcement personnel with investigating drug-related crimes, Johnson was indicted by a Powell...
NOT TO BE PUBLISHED OPINION NICKELL, Judge. Jurors convicted Wendell Groves of two crimes—criminal attempt to commit theft by deception over $500 but less than $10,000, 1 for which they recommended a sentence of nine months; and criminal possession of a forged instrument in the second degree, 2 for which they recommended a sentence of one year, enhanced to ten years by virtue of Groves's status as a persistent felony offender in the first degree (PFO I). 3 Consistent with the jury's...
