March 30, 2012 COA Minutes — Nos. 299-312 (14 decisions; 2 published)

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PUBLISHED DECISIONS OF COA:

299. CRIMINAL PROCEDURE.  PRO SE PRESENTATION (FARETTA V. CALIF.)
AYERS (WILLIAM)
VS.
COMMONWEALTH OF KENTUCKY
OPINION REVERSING AND REMANDING
ACREE (PRESIDING JUDGE)
MOORE (CONCURS) AND NICKELL (CONCURS)
2010-CA-000590-MR
TO BE PUBLISHED
JEFFERSON

ACREE, JUDGE: William O. Ayers requests that this Court reverse his conviction of five counts of failure to file a tax return. He alleges the circuit court erred to his substantial detriment in declining to grant him a continuance to hire counsel and for additional time to examine documents produced by the Commonwealth pursuant to a discovery order. Ayers further contends the circuit court erred in failing to conduct a hearing as mandated by Faretta v. California before permitting him to proceed to trial pro se. 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). Finding the circuit court’s failure to conduct a Faretta inquiry rendered the conviction invalid, we reverse and remand for a new trial.

308. CRIMINAL PROCEDURE. WRIT OF PROHIBITION. MOTION TO SUPPRESS ORAL CONFESSION.
COMMONWEALTH OF KENTUCKY
VS.
BELL (T. BRUCE), ET AL.
OPINION AFFIRMING
ACREE (PRESIDING JUDGE)
MOORE (CONCURS) AND VANMETER (CONCURS)
2011-CA-000562-ME
TO BE PUBLISHED
FAYETTE

ACREE, JUDGE: The Commonwealth appeals an order of the Fayette Circuit Court denying its petition for a writ of prohibition. The issue underlying the Commonwealth’s writ petition is whether the Fayette District Court properly granted Appellee T.C.’s motion to suppress his oral confession on the basis that it was given involuntarily. Following a careful review, we affirm.

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