June 8, 2012 COA Minutes — Nos. 499-509 (11 decisions; 2 To Be Published)

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PUBLISHED DECISIONS OF COA:

501.  CRIMINAL PROCEDURE.  JURISDICTION OF ATTORNEY GENERAL.
 N. (K.) VS.COMMONWEALTH OF KENTUCKY
OPINION AFFIRMING
COMBS (PRESIDING JUDGE)
KELLER (CONCURS) AND STUMBO
(CONCURS)
2011-CA-000159-MR
TO BE PUBLISHED
LAUREL

ACREE, JUDGE: Ronnie Wayne Johnson appeals from two judgments of conviction in the Powell Circuit Court following a conditional guilty plea. He argues that the officers from Operation UNITE (Unlawful Narcotics Investigation Treatment and Education), acting under the authority of the Attorney General’s Office, lacked jurisdiction to investigate and prosecute offenses in Powell County. As a result, he contends that the trial court should have either dismissed the indictments or suppressed the evidence seized as a result of the investigation.

Subsequent to the rendering of the original opinion in this case affirming the trial court, both Johnson and the Attorney General filed timely petitions for rehearing. Johnson asked that we reconsider our holding; the Attorney General sought an extension of the holding in their favor.

By separate order, we granted Johnson’s petition and denied that of the Attorney General. After more thorough consideration of the record, including the petitions for rehearing and applicable law, we reverse and remand.

504. CRIMINAL PROCEDURE.  CUSTODIAL INTERROGATION.
SENSEMAN (BENJAMIN) VS. COMMONWEALTH OF KENTUCKY
OPINION AFFIRMING IN PART, REVERSING IN PART AND REMANDING
COMBS (PRESIDING JUDGE)
LAMBERT (CONCURS) AND MOORE (DISSENTS IN PART AND FILES SEPARATE OPINION)
2011-CA-000354-MR
TO BE PUBLISHED
BOONE

COMBS, JUDGE: Benjamin Senseman appeals from his conviction of manslaughter and criminal abuse in the Boone Circuit Court. We have reviewed the record and studied the law carefully, and we are compelled to affirm in part, reverse in part, and remand.

It is appropriate to consider judicial economy when faced with joinder issues. Cohron v. Commonwealth, 306 S.W.3d at 494. We conclude that the trial court did not abuse its discretion and that joinder of the offenses did not prejudice Senseman. Therefore, we affirm the trial court in its denial of Senseman’s motion for separate trials.

To recapitulate, we hold that Senseman’s Fifth Amendment rights were violated by the denial of his motion to suppress his statement contrary to the strictures of Miranda. We reverse his conviction and remand for a new trial with instructions that the trial court suppress the statement of July 13, 2009.

TORT REPORT

IF YOU WANT

PUBLISHED TORT DECISION:  NONE.

NONPUBLISHED DECISIONS: NONE.

 

 

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