Attorney Joshua D Farley's Legal Cases

Appeals

Phillips v. Commonwealth, 382 S.W.3d 52 (Ky. App. 2012)

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OUTCOME: Victory

The Kentucky Court of Appeals held that: (1) defendant was not deprived of due process of law on account of fact that Parole Board's rescission of its earlier parole decision rendered defendant subject ... to amendments to Sexual Offender Registration Act (SORA); (2) defendant's underlying sentence was correctly determined to be the sum of each maximum term for purposes of determining applicability of SORA amendments; (3) retroactive application of sex offender treatment program as condition of parole did not create an unconstitutional ex post facto violation; and (4) no court costs or fines should have been imposed on defendant as an indigent defendant.

Appeals

Jackson v. Commonwealth, 363 S.W.3d 11 (Ky. 2012)

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OUTCOME: Victory

The Kentucky Supreme Court held that: (1) district court made requisite findings to support transfer order to circuit court, and (2) firearm enhancement statute could be used to elevate charge of drug ... trafficking to a Class B felony as to authorize juvenile's transfer.

Appeals

Rogers v. Commonwealth, 366 S.W.3d 446 (Ky. 2012)

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OUTCOME: Victory

The Kentucky Supreme Court held that: (1) trial court was justified in taking judicial notice of official court record of hearing in an unrelated case indicating that the court was hearing another matt ... er at time the time the search warrant for defendant's home and garage was signed, such that warrant was very likely signed at 3:50 p.m., and thus was issued before search; (2) trial court did not exceed its authority by correcting time of issuance set forth on search warrant; (3) trial court did not abuse its discretion in denying defendant's motion to sever the two sales-based trafficking charges from the possession-based trafficking charge; (4) trial court did not deny defendant a meaningful opportunity to cross-examine forensic chemist; and (5) defendant was not entitled to re-sentencing pursuant to amendments to sentencing statutes.

Appeals

Hudson v. Commonwealth, 385 S.W.3d 411 (Ky. 2012)

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OUTCOME: Victory

The Kentucky Supreme Court held that: (1) defendant was not entitled to an instruction on first-degree manslaughter by complicity; (2) defendant was not entitled to an instruction on second-degree man ... slaughter by complicity; (3) defendant was not entitled an instruction on reckless homicide by complicity; (4) evidence of a shooting in Tennessee was relevant; (5) probative value of evidence of the Tennessee shooting was not substantially outweighed by the danger of undue prejudice; and (6) expert's testimony on the meaning of various gang terms was relevant and was not unduly prejudicial.

Appeals

Barker v. Commonwealth, 379 S.W.3d 116 (Ky. 2012)

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OUTCOME: Victory

The Kentucky Supreme Court held that: (1) trial court is not required to postpone probation revocation hearing until after resolution of criminal charges that arise during the probationary period, and ... (2) probationer's testimony at probation revocation hearing is protected from use at any later criminal trial based on the same conduct.

Appeals

Jarrell v. Commonwealth, 384 S.W.3d 195 (Ky.App. 2012)

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OUTCOME: Victory

Kentucky Court of Appeals held that: (1) revocation of probation was not error based on absence of proof in the record that defendant received written notice of conditions of probation prior to using o ... xycodone; (2) alleged failure to provide defendant written notice of basis for probation revocation was not palpable error; (3) evidence that defendant, after failing to produce a urine sample, signed a form admitting that he had used oxycodone that day, i.e., the day of his sentencing, was sufficient to meet “preponderance of evidence” standard for revoking probation; and (4) decision to revoke probation, as opposed to imposing a lesser sanction, was not abuse of discretion.

Appeals

Torrence v. Commonwealth, 269 S.W.3d 842 (Ky. 2008)

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OUTCOME: Victory

The Kentucky Supreme Court held that as a matter of first impression, evidence that a defendant is HIV positive is admissible in the penalty phase of trial as evidence of the impact of defendant's crim ... es upon the victim; and also as a matter of first impression, that the probative value of the evidence that a defendant is HIV positive is not outweighed by its prejudicial effect.

Appeals

Miller v. Commonwealth, 329 S.W.3d 358 (Ky.App. 2010)

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OUTCOME: Victory

Kentucky Court of Appeals held that probation could be revoked without a conviction and adopted the Kentucky Supreme Court's ruling in Commonwealth v. Alleman, 306 S.W.3d 484 (Ky. 2010).

Appeals

Commonwealth v. Alleman, 306 S.W.3d 484 (Ky. 2010)

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OUTCOME: Victory

Commonwealth appeal of a Kentucky Court of Appeals decision. The Kentucky Supreme Court ruled in the Commonwealth's favor holding that oral findings of fact entered on the video record without transcr ... iption were sufficient to satisfy due process in probation revocation.

Joshua D Farley's Legal Cases (19)

Phillips v. Commonwealth, 382 S.W.3d 52 (Ky. App. 2012)

Jackson v. Commonwealth, 363 S.W.3d 11 (Ky. 2012)

Rogers v. Commonwealth, 366 S.W.3d 446 (Ky. 2012)

Hudson v. Commonwealth, 385 S.W.3d 411 (Ky. 2012)

Barker v. Commonwealth, 379 S.W.3d 116 (Ky. 2012)

Jarrell v. Commonwealth, 384 S.W.3d 195 (Ky.App. 2012)

Torrence v. Commonwealth, 269 S.W.3d 842 (Ky. 2008)

Miller v. Commonwealth, 329 S.W.3d 358 (Ky.App. 2010)

Commonwealth v. Alleman, 306 S.W.3d 484 (Ky. 2010)