NOT TO BE PUBLISHED OPINION STUMBO , Judge . Park Hills Center, LLC appeals from an Opinion and Order of the Fayette Circuit Court affirming the Lexington-Fayette Urban County Planning Commission's decision approving an amended final development plan. That decision approved the planned construction and operation of a McDonald's restaurant on one of four lots located within a shopping center. Park Hills Center, LLC ("Park Hills") owns the remaining three lots. Park Hills now argues that...
OPINION MAZE , JUDGE . The Appellant, Ziad William Sara, M.D. (Dr. Sara) appeals from an order of the Fayette Circuit Court dismissing his claims against Saint Joseph Medical System, Inc. (the Hospital) for violation of administrative due process and for breach of contract. We agree with the trial court that the Hospital was not functioning as a " de facto " state agency and consequently was not subject to the requirements of KRS 1 Chapter 13B. We also agree with the trial court that the...
OPINION LAMBERT J. , JUDGE : In these consolidated appeals, Michael Eldridge seeks review, pursuant to conditional guilty pleas, of four judgments of the Johnson Circuit Court sentencing him to four one-year, consecutive sentences for convictions on charges of second-degree trafficking in a controlled substance. Because the Supreme Court of Kentucky's recent decision in Commonwealth v. Gamble, 453 S.W.3d 716 (Ky. 2015), supports the circuit court's decision to run the sentences...
NOT TO BE PUBLISHED OPINION JONES , Judge . Andra Killebrew, Appellant, brings this pro se appeal from an order of the Christian Circuit Court denying his request for post-conviction relief pursuant to CR 1 60.02. After a careful review of the record and the applicable law, we affirm. I. Background On September 21, 2007, Killebrew was indicted for rape in the first degree, kidnapping, burglary in the first degree, and fleeing or evading police in the first degree. Subsequently,...
NOT TO BE PUBLISHED OPINION ACREE , Chief Judge . Joe Blake appeals the Muhlenberg Circuit Court's March 21, 2014 opinion and order denying his motion to suppress evidence. We conclude that Blake's intoxication was not to such a degree as to render his confession to police involuntarily, unknowingly, and unwillingly made. Therefore, we affirm. I. Facts and Procedure The Muhlenberg Grand Jury indicted Blake, a 64 year-old man, on two counts of third-degree rape, two counts of third-...
CLAYTON , JUDGE : Cassandra Blankenship appeals the Boyd Circuit Court's order revoking her probation and sentencing her to five years. After careful review, we reverse and remand. BACKGROUND Blankenship was indicted on November 16, 2009, on one count of first-degree trafficking in a controlled substance, first offense; one count of third-degree trafficking in a controlled substance, first offense; and, one count of possession of drug paraphernalia. On April 15, 2010, she entered a guilty...
NOT TO BE PUBLISHED OPINION JONES , Judge . Acting with the assistance of counsel, Robert Beamon appeals from a Boone Circuit Court order denying his RCr 1 11.42 motion. Beamon maintains that the trial court erred when it denied his motion without first conducting an evidentiary hearing. Having reviewed the record in conjunction with the applicable law, we agree that an evidentiary hearing is necessary. Accordingly, we vacate and remand this matter to the trial court for an evidentiary...
NOT TO BE PUBLISHED OPINION NICKELL , Judge . Raymond Clutter, pro se, has appealed from the Boone Circuit Court's denial of his motion for post-conviction relief pursuant to RCr 1 11.42. He contends the trial court erred in denying the motion without first convening an evidentiary hearing to resolve his allegations of ineffectiveness of his trial counsel which he believes were not refuted on the face of the record. Following a careful review of the record, the briefs and the law, we...
NOT TO BE PUBLISHED OPINION JONES , Judge . An Allen Circuit Court jury convicted William Joseph Madden of theft by unlawful taking, automobile, over $10,000; theft by unlawful taking, value under $500; and being a first-degree persistent felony offender. The jury recommended a total sentence of twenty-years' imprisonment; however, the trial court reduced the sentence pursuant to KRS 1 532.070, lowering the total sentence to twelve-years' imprisonment. Madden now appeals, contending...
NOT TO BE PUBLISHED OPINION CLAYTON , Judge . Cecil Allen Keibler appeals the September 18, 2014 findings of fact, conclusions of law, and dissolution of marriage decree and the November 4, 2014 order denying his motion to alter, amend, or vacate and for specific findings. Cecil maintains that the family court erred in awarding Lynne Allison Keibler the entirety of her pension and in its division of marital debt. After careful consideration, we affirm. Cecil and Lynne were married on...
MAZE , JUDGE : Yustin Diaz appeals from a Fayette Circuit Court order denying her motion brought pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42 and Kentucky Rules of Civil Procedure (CR) 60.02. She seeks to withdraw her guilty plea, entered in 2009, on the grounds that she was not informed that the resulting conviction could have an adverse effect on her immigration status. Diaz was born in Mexico and came to the United States at two months of age. She is not an American...
NOT TO BE PUBLISHED OPINION CLAYTON , Judge . David M. Bingham appeals the October 1, 2014 Bell Circuit Court Order Setting Aside Probation. After careful review, we affirm. BACKGROUND In April 2012, Bingham was convicted of harassing communications, a Class B misdemeanor under Kentucky Revised Statutes (KRS) 525.080, and ordered to have "no contact" with Rebecca Miracle. Five months later, Miracle contacted the police and accused Bingham of leaving two voice messages on her phone that...
NOT TO BE PUBLISHED OPINION JONES , Judge . Following a conditional guilty plea, the Appellant, Jonathan Phillip Estes, brings this appeal in which he asserts that the trial court acted erroneously when it refused to suppress a statement he made to police prior to his arrest as well as drugs found on his person during a warrantless traffic stop. For the reasons more fully explained below, we AFFIRM in part, VACATE in part and REMAND. I. BACKGROUND On May 19, 2009, the Kentucky State...
NOT TO BE PUBLISHED OPINION COMBS , Judge . Alfred D. Arnold was convicted of (1) burglary in the third degree; (2) theft by unlawful taking under $500; and (3) being a persistent felony offender (PFO) in the first degree. He was sentenced to four-years' imprisonment for the burglary charge, which was enhanced to a total of seventeen-years' imprisonment by virtue of his status as a persistent felony offender. 1 Finding no errors requiring reversal, this Court affirms his convictions and...
NOT TO BE PUBLISHED OPINION THOMPSON , Judge . Tina Van Pelt (now Griggs) appeals from a Fayette Family Court order directing her to repay overpaid child support and attorney fees, and finding that she waived any claim for contribution toward unreimbursed medical expenses. On February 20, 2001, Tina and Fabian Andrew Van Pelt entered into a property settlement agreement as part of the dissolution of their marriage. The couple has two children, a daughter born in 1993 and a son born in...
NOT TO BE PUBLISHED OPINION VANMETER , Judge . James Sallee appeals from a Montgomery Circuit Court order denying his Kentucky Rules of Civil Procedure (CR) 60.02 motion to modify orders of restitution. On August 14, 2009, Sallee entered guilty pleas in two cases. In case number 08-CR-00184-001, Sallee entered a plea of guilty to engaging in organized crime, two counts of complicity to kidnapping, complicity to second-degree assault, complicity to fourth-degree assault, and two counts of...
NOT TO BE PUBLISHED OPINION KRAMER , Judge . Bert W. Williams, Jr., appeals from an order of the Jefferson Circuit Court reinstating a prior judgment of foreclosure it had entered against him and in favor of appellee, Citimortgage, Inc. Upon review, we affirm. By way of background, Citimortgage initiated foreclosure proceedings against Williams by filing its complaint in this matter on April 30, 2013. Williams answered with a general denial and added that he was "working to get a loan...
OPINION COMBS , JUDGE : Timothy F. Gray appeals from a final judgment and sentence of the Bell Circuit Court convicting him of theft by unlawful taking. He received a sentence of five-years' imprisonment, which was enhanced to fifteen years by virtue of his status as a persistent felony offender in the first degree (PFO I). After our review, we affirm. On the evening of June 2, 2013, a large quantity of copper wire was stolen from Hinkle Contracting in Middlesboro. Gray was arrested for...
NOT TO BE PUBLISHED OPINION NICKELL , Judge . Joseph Earl Ratliff (Ratliff) appeals from a final judgment entered by the Pike Circuit Court sentencing him to sixteen years in prison after a jury convicted him of burglary in the first degree 1 and theft by unlawful taking (TBUT) in the second degree. 2 He was acquitted of second-degree arson. 3 Having reviewed the briefs, the record and the law, we affirm. FACTS In 2011, Ratliff was indicted on charges of arson, burglary, felony TBUT,...
NOT TO BE PUBLISHED OPINION THOMPSON , Judge . Eddie W. Cowan appeals from an order denying his motion pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42 alleging he was completely denied the right to counsel when counsel did not file a motion to withdraw his guilty plea or request a hearing on his pro se motion when heard by the trial court. He further alleges his guilty plea was not knowingly, voluntarily, and intelligently made because counsel failed to communicate with him...
