Kentucky

SCOKY: COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW ? DECEMBER 10, 2008

By Michael Stevens

COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW ? DECEMBER 10, 2008

[We have added a link to lower court (COA) decision with the opening paragraph to give you an idea of what the case is about since we do not get the MDR's filed with the SCOKY].

HOLLIS KING V.  COMMONWEALTH OF KENTUCKY 
2008-SC-000274-DG FAYETTE
COA:  2006CA002033 - http://162.114.92.72/COA/2006-CA-002033.PDF

BEFORE: THOMPSON, JUDGE; BUCKINGHAM AND HENRY, SENIOR JUDGES.1
THOMPSON, JUDGE: Hollis King appeals from a judgment of the Fayette Circuit Court following his conditional guilty plea to trafficking in a controlled substance, first degree; possession of marijuana; and being a persistent felony offender in the second degree. Pursuant to his plea, King reserved the right to appeal the denial of his suppression motion. For the reasons set forth herein, we affirm.

1 Senior Judges David C. Buckingham and Michael L. Henry sitting as special

BRANDON LEON WATKINS V.  TODD COMMONWEALTH OF KENTUCKY
2008-SC-000567-DG 
COA: 2007-CA-000869 -  http://162.114.92.72/COA/2007-CA-000869.PDF

BEFORE: ACREE, VANMETER AND WINE, JUDGES.
ACREE, JUDGE: Brandon Leon Watkins appeals from a judgment of the Todd Circuit Court sentencing him to six years in prison. Watkins entered a conditional plea of guilty to the charges of speeding in excess of 26 miles per hour over the speed limit, failure to comply with instructional permit, fleeing or evading the police in the second degree, possession of marijuana under eight ounces, possession of a controlled substance in the first and second degree, cocaine. On appeal, Watkins challenges the legality of the search of the automobile he had been driving prior to his arrest. We affirm.

COMMONWEALTH OF KENTUCKY; ADMINISTRATIVE OFFICE OF THE COURTS V. PATRICIA GREENE, ET AL. 
2008-SC-000783-DG FRANKLIN 
COA:  2006CA000683 - http://162.114.92.72/COA/2006-CA-000683.PDF

BEFORE: ABRAMSON AND STUMBO, JUDGES; KNOPF, SENIOR JUDGE:1
KNOPF, SENIOR JUDGE: This is an appeal from an order of the Franklin Circuit Court affirming the dismissal of appellants' action against the Administrative Office of the Courts (AOC) by the Kentucky Board of Claims. Because it is clear that neither McCreary Circuit Judge Jerry Winchester nor his master commissioner Charles E. King can be considered employees of AOC, the judgment of Franklin Circuit Court must be affirmed. 

1 Senior Judge William L. Knopf sitting as Special Judge by assignment of the Chief Justice pursuant to Section 110(5)(b) of the Kentucky Constitution and KRS 21.580.

Full post as published by Kentucky Cases on December 28, 2008 (boomark / email).