Feb. 22, 2013 Court of Appeals Minutes (Links to Appellate Decisions)

Court of Appeals Minutes Text OnlyPublished and Unpublished Decisions from the Kentucky Court of Appeals

February 22, 2013 Court of Appeals Minutes
No. 188-231
44 decisions;  6 Cases To Be Published
Click here for AOC page with current minutes and archived minutes links

PUBLISHED DECISIONS WITH LINKS TO FULL TEXT:

193. CRIMINAL LAW.  SEARCH AND SEIZURE. DUI
COMMONWEALTH OF KENTUCKY
VS.
ARMSTRONG (DONALD), ET AL.
OPINION AFFIRMING
ACREE (PRESIDING JUDGE)
CLAYTON (CONCURS) AND KELLER (CONCURS)
2011-CA-000931-MR
TO BE PUBLISHED
JEFFERSON

ACREE, CHIEF JUDGE: The Commonwealth appeals an order of the Jefferson Circuit Court denying its petition for a writ of prohibition. The issue underlying the Commonwealth’s writ petition is whether the Jefferson District Court properly granted Appellee Michael G. Howard’s motion to suppress evidence acquired following his arrest for driving under the influence. We affirm.

198. CRIMINAL LAW
DEHART (JAMES RAY)
VS.
COMMONWEALTH OF KENTUCKY
OPINION REVERSING AND REMANDING
CAPERTON (PRESIDING JUDGE)
DIXON (CONCURS) AND TAYLOR (CONCURS)
2011-CA-001592-MR
2011-CA-001593-MR
TO BE PUBLISHED
FLEMING

CAPERTON, JUDGE: The Appellant, James Ray Dehart, was convicted by a guilty plea of burglary in the third degree, two counts of theft by unlawful taking, and burglary in the second degree, all enhanced by a conviction for persistent felony offender in the first degree. Dehart was ultimately sentenced to fifteenyears’ imprisonment. Dehart asserts that he pled guilty under the belief that he would be eligible for parole after serving either fifteen or twenty percent of his sentence, and that upon realizing that he was instead subject to serve a minimum of ten years, filed a motion to withdraw his guilty plea, which was denied. He now appeals the circuit court order denying his motion to withdraw guilty plea, arguing first that his plea was not knowing, intelligent, and voluntary, and secondly, that his trial counsel had a conflict of interest. Upon review of the record, the arguments of the parties, and the applicable law, we reverse and remand this matter for additional proceedings consistent with this opinion.

199.  CRIMINAL LAW
MEYER (BENJAMIN WILLIAM)
VS.
COMMONWEALTH OF KENTUCKY
OPINION AFFIRMING IN PART, REVERSING IN PART AND REMANDING
MOORE (PRESIDING JUDGE)
ACREE (CONCURS) AND KELLER (CONCURS IN RESULT ONLY)
2011-CA-001622-MR
TO BE PUBLISHED
FAYETTE

MOORE, JUDGE: Benjamin William Meyer appeals the Fayette Circuit Court’s judgment convicting him of two counts of receiving stolen property over $500.00; one count of possession of marijuana; and one count of possession of drug paraphernalia. After a careful review of the record, we affirm in part regarding the circuit court’s denial of Meyer’s motion for a directed verdict. We also reverse in part and remand regarding Meyer’s remaining claims because the circuit court erred in declaring a mistrial as to counts three, four, and five during the first trial; and the evidence concerning counts three, four, and five should not have been heard by the second jury.

210. CRIMINAL LAW
CARTER (RODNEY)
VS.
COMMONWEALTH OF KENTUCKY
OPINION VACATING AND REMANDING
COMBS (PRESIDING JUDGE)
CAPERTON (CONCURS) AND DIXON (DISSENTS)
2012-CA-000064-MR
TO BE PUBLISHED
CRITTENDEN

COMBS, JUDGE: Rodney Carter appeals an order of the Crittenden Circuit Court that revoked his probation. After our review, we vacate and remand.

224. FAMILY LAW.  CUSTODY. AUNT.
MORGAN (FONDA)
VS.
GETTER (DANIEL), ET AL.
OPINION AFFIRMING
COMBS (PRESIDING JUDGE)
NICKELL (CONCURS) AND CLAYTON (CONCURS IN RESULT BY SEPARATE OPINION)
2012-CA-000655-ME
TO BE PUBLISHED
CAMPBELL

COMBS, JUDGE: Fonda Morgan appeals the order of the Campbell Family Court which granted custody of her minor child to Daniel Getter. After our review, we affirm.

231.  WORKERS COMPENSATION.  POST-AWARD MEDICAL FEE DISPUTE.
TWIN RESOURCES. LLC
VS.
WORKMAN (BOBBY), ET AL.
OPINION AFFIRMING
MOORE (PRESIDING JUDGE)
KELLER (CONCURS) LAMBERT (CONCURS)
2012-CA-001504-WC
TO BE PUBLISHED
WORKERS’ COMP

MOORE, JUDGE: The issue presented in this case is whether, under the circumstances, a Chief Administrative Law Judge (CALJ) was authorized to enter an order resolving a post-award medical fee dispute that appellant Twin Resources, LLC, filed against appellee Bobby Workman. Finding that the CALJ acted in excess of his statutory and regulatory authority in doing so, the Workers’ Compensation Board vacated the CALJ’s order and remanded. Finding no error, we affirm.

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