Criminal Law: Court of Appeals Decisions - Jan. 6, 2006

CRIMINAL LAW  DECISIONS FROM
COURT OF APPEALS - Jan. 6 2006

PUBLISHED.  None.

NOT PUBLISHED.

WELLS V. COM.
CRIMINAL - Escape
2003-CA-002290
Not to be Published 
Date: 1/6/2006

Defendant was not entitled to a directed verdict and was properly convicted of Escape in the First Degree.

COLEMAN V. COM
CRIMINAL - Sentencing (Judge's power to reduce)
2004-CA-001134
Not to be Published   
Date: 1/6/2006

TC was well-within its statutory authority when it sentenced Coleman, and therefore, properly denied his RCr 11.42motion. It is well-established that under Kentucky’s bifurcated sentencing procedure, the jury determines the maximum number of years for a sentence for each conviction. The trial judge, thereafter, has the power only to reduce thesentence pursuant to KRS 532.110, and to determine whether multiple sentences will be run concurrently or consecutively.

OWENS V. COM.
CRIMINAL - Plea (withdrawing guilty plea)
2004-CA-001809
Not to be Published 
Date: 1/6/2006

TC properly denied Defendant's motion to withdraw plea filed 19 years after conviction.

RENZ V. COM.
CRIMINAL - RCr 11.42 denial
2004-CA-001843
Not to be Published   
Date: 1/6/2006

SMITH V. COM.
CRIMINAL - RCr 11.42 denial
2004-CA-002092
Not to be Published   
Date: 1/6/2006

COLEMAN V. COM.
CRIMINAL -- Postconviction Relief; CR 60.02; Ineffective Assistance
2005-CA-000557
Not to be Published 
Date: 1/6/2006

Defendant's CR 60.02 motion to vacate his conviction was properly denied.

ALLEN V. COM.
CRIMINAL - Crimes (Drugs, possession, control)
2004-CA-002529
Not to be Published 
Date: 1/6/2006

Sufficient evidence existed to support the conviction for Possessing Methamphetamine.

Thanks to Louisville attorneys Scott Byrd and Stephen Keller for digesting Kentucky's appellate decisions on criminal law.