COA 2009 Minutes: October 2, 2009 (Nos. 1001-1018)

COA 2009 Minutes: October 2, 2009 (Nos. 1001-1018)

• 18 decisions
• 4 published

PUBLISHED DECISIONS WITH LINKS TO FULL TEXT

1003
THORPE V. COMMONWEALTH
CRIMINAL LAW
OPINION REVERSING AND REMANDING
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BEFORE: COMBS, CHIEF JUDGE; THOMPSON, JUDGE; HARRIS,1 SENIOR JUDGE.
COMBS, CHIEF JUDGE: Julia Thorpe appeals her conviction in the Mason Circuit Court of fraudulently obtaining a prescription for a controlled substance and of being a persistent felony offender. After our review of the record, we reverse and remand for a new trial.

1004
BOWERMAN V. BLACK EQUIPMENT CO.
WORKERS COMP
OPINION REVERSING AND REMANDING
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BEFORE: CAPERTON, KELLER, AND NICKELL, JUDGES. NICKELL, JUDGE: Randy Bowerman (Bowerman) appeals from the opinion of the Workers’ Compensation Board (Board) affirming the opinion and award of Administrative Law Judge Marcel Smith (ALJ). Bowerman presents two arguments on appeal. First, he argues the ALJ improperly denied an award of temporary total disability (TTD) benefits when placing his claim in abeyance pending his reaching maximum medical improvement (MMI) in her November 14, 2005, interlocutory opinion, order, and award (interlocutory opinion). Second, he argues the ALJ, in her August 20, 2007, final opinion and award (final opinion), erroneously reversed her earlier interlocutory factual findings rendered when she placed his claim in abeyance. Conversely, Black Equipment Company (Black) argues the ALJ was not bound by her interlocutory findings and her final opinion was supported by substantial evidence. For the following reasons, we reverse.

1007
BUFORD V. COMMONWEALTH
CRIMINAL LAW
OPINION REVERSING AND REMANDING
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BEFORE: COMBS, CHIEF JUDGE; THOMPSON, JUDGE; BUCKINGHAM,1 SENIOR JUDGE.
THOMPSON, JUDGE: Marcus Buford appeals from an order of the McCracken Circuit Court denying his motion for specific performance of his plea agreement or, alternatively, to withdraw his guilty plea. Because Buford pled guilty due to the trial court’s misinterpretation of a statute, which constituted a material element of his plea agreement, we reverse and remand.

1014
ROSARIO V. COMMONWEALTH
CRIMINAL
OPINION AFFIRMING
** ** ** ** ** BEFORE: CAPERTON, CLAYTON, AND DIXON, JUDGES.
CAPERTON, JUDGE: This is an appeal from a denial of a motion to modify the terms of Appellant Charles Rosario’s probation. Rosario sought an order to vacate the requirement that he register as a sex offender. The Madison Circuit Court found that such registration is not punitive and does not violate the ex post facto provisions of the Kentucky and U.S. Constitutions, and accordingly, found that
Rosario was required to register. Rosario seeks the review of this order. On appeal two issues are presented; one, whether Rosario’s appeal to this Court was timely filed, and two, whether the registration requirement violates the aforementioned ex post facto provisions. Having thoroughly reviewed the law, the arguments of the parties, and the record, we affirm as Rosario’s appeal to this Court was untimely filed.