Commonwealth v. Stambaugh

6 Citing cases

  1. Payne v. Commonwealth

    681 S.W.3d 1 (Ky. 2023)

    This Court has specifically held that the purpose KRS 532.110(1)(d) is "to remove judicial discretion when sentencing sex offenses generally by requiring that the sentences be run consecutively." Commonwealth v. Stambaugh, 327 S.W.3d 435, 438 (Ky. 2010). Payne argues that, while KRS 532.110(1)(d) requires the multiple sentences involving multiple victims to be run consecutively, it allows for multiple sentences involving the same victim to be run concurrently.

  2. Justice v. Commonwealth

    636 S.W.3d 407 (Ky. 2021)   Cited 8 times
    In Justice, the Court distinguished Blane and agreed with the Commonwealth that it was appropriate to amend the indictment to conform to the evidence adduced at trial, to dismiss the charge of rape and submit the case to the jury on the lesser-included offense of attempted rape as the Commonwealth's case amply supported this change without the introduction of any additional evidence, the amendment was permitted by RCr 6.16, did not name a new or additional offense, and importantly "Justice's defense—a complete denial of any sexual contact with the victim—was not prejudiced."

    The majority reasoned that even though section (d) of KRS 532.110 was added after section (c), it was only enacted to prevent light sentencing of sex offenses, and the express, specific cap within (c) controls. 327 S.W.3d 435 (Ky. 2010).Id. at 438.

  3. Miller v. Commonwealth

    391 S.W.3d 857 (Ky. 2013)   Cited 19 times
    Holding that a person cannot simultaneously be "poor" under KRS 453.190 and yet able to pay partial legal fees

    If he is correct that his convictions were proper only for Class C felonies, then he is also correct that his maximum consecutive sentence was 20 years. SeeKRS 532.110(1)(c); KRS 532.080; see also Commonwealth v. Stambaugh, 327 S.W.3d 435, 438 (Ky.2010). If Appellant were correct, he would have been convicted of Class C felonies for each incest count and one Second–Degree Rape count, and Class D felonies for Third–Degree Rape and Third–Degree Sodomy.

  4. Shipman v. Commonwealth

    NO. 2016-CA-001025-MR (Ky. Ct. App. Oct. 5, 2018)

    McClanahan v. Commonwealth, 308 S.W.3d 694, 698-702 (Ky. 2010) (citations omitted). See KRS 532.110 and Commonwealth v. Stambaugh, 327 S.W.3d 435, 437-38 (Ky. 2010). --------

  5. Hardin v. Humana, Inc.

    NO. 2014-CA-001321-MR (Ky. Ct. App. Nov. 23, 2016)

    Therefore, KRS 29A.160 is inarguably more applicable to plaintiff's claims than KRS 337.415 because the latter more generally applies to any "court-ordered appearance required by law." Commonwealth v. Stanbaugh, 327 S.W.3d 435, 442 (Ky. 2010) ("T]he more specific statute controls over the more general statute"). Applying KRS 29A.160(2) to plaintiff's claims leads the Court to one inescapable conclusion: The action must be dismissed for the plaintiff's failure to file within the ninety-day limitations period.

  6. Stambaugh v. Commonwealth

    NO. 2014-CA-000612-MR (Ky. Ct. App. Feb. 19, 2016)

    The Kentucky Supreme Court affirmed Stambaugh's conviction and sentence on direct appeal. See Commonwealth v. Stambaugh, 327 S.W.3d 435 (Ky. 2010).