Our Victories
Kentucky Court of Appeals
Brooks v. Commonwealth, 488 S.W.3d 18 (Ky. Ct. App. 2016), as modified (Apr. 15, 2016). Appellant’s conviction was vacated. The officer lacked a reasonable suspicion to support a car stop, and the emergency aid exception did not apply. The trial … continue reading
Kentucky Supreme Court
Rucker v. Commonwealth, 521 S.W.3d 562, 570 (Ky. 2017). Appellant’s second-degree manslaughter conviction and 20-year sentence was reversed after the Kentucky Supreme Court held that the commonwealth inappropriately showed sexual messages to the … continue reading
Kentucky Supreme Court
A client charged with a fourth-offense DUI was allowed to serve his sentence on home incarceration if the trial court approved. The Kentucky Supreme Court held “…that the General Assembly’s specific statement … continue reading
Dismissed: Case dismissed on day of trial
The prosecutor decided to dismiss the case against our client instead of going forward with the trial. With witnesses waiting to testify for the defense, a complete victory was earned for this client. … continue reading
Kentucky Supreme Court
Maloney v. Commonwealth, 489 S.W.3d 235, 239 (Ky. 2016). A client’s conviction and five-year prison sentence were vacated when the Kentucky Supreme Court recognized that a person who was drunk could not be arrested for alcohol intoxication if he was … continue reading
Kentucky Supreme Court
Cunningham v. Commonwealth, 501 S.W.3d 414, 420 (Ky. 2016). Appellant’s conviction and 20-year prison sentence were reversed and the Kentucky Supreme Court ordered that he have a new trial after the commonwealth unfairly used the appellant’s … continue reading
Kentucky Supreme Court
McDaniel v. Com., 415 S.W.3d 643, 661 (Ky. 2013). Appellant’s conviction for assault in the first degree stemming from a gunshot that struck someone’s hand was a violation of due process. The Kentucky Supreme Court held “…that testimony does not … continue reading
Kentucky Supreme Court
Sheets v. Commonwealth, 495 S.W.3d 654, 673 (Ky. 2016). Appellant’s sodomy conviction was reversed after the Kentucky Supreme Court held that the trial court violated his right to a unanimous jury verdict. The Kentucky Supreme Court held, “We … continue reading
Kentucky Supreme Court
Murphy v. Commonwealth, 509 S.W.3d 34, 56 (Ky. 2017). Appellants received a 30-year prison sentence from the trial court. Convictions carrying a 20-year sentence were reversed. “We reverse the convictions for first-degree sodomy and … continue reading
Kentucky Supreme Court
Hacker v. Commonwealth, No. 2018-SC-000152-MR, 2019 WL 2462298 (Ky. June 13, 2019). Appellant’s convictions for first-degree rape and first-degree sodomy were reversed. “Here, the Commonwealth concedes that these instructions allow for a … continue reading
Not guilty: DUI second offense
A client was charged with a second-offense DUI with an aggravator. Went to trial and successfully used a “choice of evils” defense under KRS 503.030. After the close of evidence, the client was found not guilty. … continue reading
Not guilty: DUI – alcohol found in vehicle
While parked on the side of the road, a client was charged with a DUI. There was alcohol found in the vehicle. After a trial, the client was found not guilty after a successful defense of lack of operation of the vehicle. … continue reading