Kentucky Court of Appeals Decisions (Minutes ) for October 18, 2013 (Nos. 978-992); 15 decisions were announced by COA this date, with 1 of those decisions designated “To Be Published”). For a copy of the minutes filed at the AOC web site, click here.
Click here for complete list of all archived Court of Appeals Minutes that you can download from the Administrative Office of the Courts web site.
Short summary of the published decisions for this week are (click on the link for the full text of the decision from AOC):
979. Criminal Law.
Boone vs. Commonwealth of Kentucky
COA PUB 10/18/2013
ACREE, CHIEF JUDGE: Appellant Phillip Boone appeals the Mason Circuit Court’s July 11, 2011 Judgment and Sentence by which he was convicted of first- degree sexual abuse and sentenced to two years’ imprisonment. On appeal, Boone raises numerous trial issues which he claims resulted in error and mandate a new trial. Following a careful review, we affirm in part, reverse in part, and remand for additional proceedings consistent with this opinion.
Before this Court, Boone raises these four claims of error: (1) the circuit court erred in denying his motion for a directed verdict because there was insufficient evidence that Boone was a person in a position of authority or position of special trust over the victim; (2) his right to an unanimous verdict was violated when the circuit court issued jury instructions on theories unsupported by the evidence; (3) the circuit court failed to instruct the jury on two lesser-included offenses; and (4) the circuit court erroneously ordered Boone, an indigent person, to pay court costs.