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Sample Client Cases

SELECTED JURY VERDICTS WITH FAVORABLE OUTCOMES FOR DEFENDANTS**:

1) Drug Trafficking In Crittenden County: JURY VERDICT – NOT GUILTY

CHARGE: Defendant was charged with Felony Drug Trafficking based upon a recorded "buy" from a confidential informant. The recorded "buy" was monitored by the Pennyrille Narcotics Task force.

JURY TRIAL: Jury trial lasted two days with the recording being discredited along with the confidential informant leading to a jury verdict of "Not Guilty."

2) 1st Degree Murder In Marshall County: JURY VERDICT – NOT GUILTY

CHARGE: Defendant was charged with First Degree Murder over the death of a female companion. The charge was based almost completely on circumstantial evidence.

JURY TRIAL Jury trial lasted over a week with all of the Commonwealth's evidence of guilt being discredited leading to a jury verdict of "Not Guilty."

3) 1st Degree Murder In Livingston County: DISMISSED BEFORE JURY TRIAL

CHARGE Defendant was initially charged by the Kentucky State Police with First Degree Murder of a relative. After representation and before trial, the charge was amended to Reckless Homicide. The Commonwealth ultimately dismissed the charge prior to a jury trial.

4) Sexual Abuse In Livingston County: JURY VERDICT – NOT GUILTY

CHARGE: Defendant was charged with multiple counts of sexual abuse of his minor stepdaughter and was facing a total of 50 years in state prison. There was no objective medical evidence, and all other evidence was circumstantial.

JURY TRIAL: Jury trial lasted three days in which all of the circumstantial evidence was discredited by the defense. The result was a jury verdict of "Not Guilty."

5) Rape/Sodomy In Livingston County: JURY VERDICT – NOT GUILTY

CHARGE: Defendant was charged with First Degree Sodomy/Rape of his minor child in the context of a custody dispute. The charge was based upon medical evidence and an alleged confession.

JURY TRIAL: Jury trial lasted three days in which the objective medical evidence was refuted by the defense.The alleged confession was refuted with overwhelming evidence that it had been coerced from the Defendant. The result was a jury verdict of "Not Guilty."

5) Drug Trafficking In Livingston County: JURY VERDICT – NOT GUILTY

CHARGE: Defendant was charged with Felony Drug Trafficking for allegedly having approximately 17 pounds of processed marijuana.The evidence was circumstantial with no objective physical evidence tying Defendant to the crime.

JURY TRIAL: Jury trial lasted two days in which the Defense introduced evidence that the arresting officers had earlier attempted to place the blame on another individual. The result was a jury verdict of "Not Guilty" on the felony drug trafficking charge. Defendant was, however, convicted of misdemeanor possession and received a seven (7) day sentence with credit for time served and a $500.00 fine.

SIDE NOTE: These are only selected felony jury verdicts. Attorney McGee has extensive experience in successfully defending misdemeanor charges in various district courts throughout Western Kentucky.

SELECTED LANDMARK CRIMINAL CASES HANDLED IN SUPREME COURT BY ATTORNEY WITH FAVORABLE OUTCOME FOR CLIENT**:

1) Drug Trafficking In McCracken County: SUPREME COURT OF KENTUCKY

FACTS: Defendant was a teacher in the McCracken County School system. The local Sheriff's department conducted a warrantless search of Defendant's home and seized evidence of drug trafficking.

PROCEDURE: Defendant entered a conditional plea of guilty to a Ten (10) year sentence that allowed him to challenge the warrantless search in the Appellate Court.

OUTCOME: After hearing oral arguments by Defendant's attorney, the Kentucky Supreme Court held that the search was in violation of Defendant's constitutional right to privacy and ordered that the seized evidence could not be used in a trial against the Defendant.The guilty plea was reversed and the case was sent back to the trial court wherein the charges were dismissed.

SIDE NOTE: The Kentucky Attorney General unsuccessfully petitioned the United States Supreme Court to review and reverse the decision.

2) 1st Degree Murder In McCracken County: SUPREME COURT OF KENTUCKY

FACTS: Defendant was charged with robbery and complicity to first degree murder wherein he faced a maximum punishment of life in prison. Defendant had in his possession a co-defendant's jacket with alleged gunshot residue. Defendant retained an expert trained at the FBI crime lab to test the co-defendant's jacket. The Commonwealth Attorney objected on grounds that the Commonwealth should be allowed to test the jacket by the Commonwealth's expert.

PROCEDURE: Defendant filed a "Writ of Mandamus" prior to trial that submitted the issue of testing to the Kentucky Supreme Court for hearing.

OUTCOME: After hearing oral arguments by Defendant's attorney, the Supreme Court held that Defendant had a constitutional right to test evidence. The case was sent back wherein the Defendant received a ten (10) year sentence after a jury trial, while the co-defendant received life in prison.

3) Drug Trafficking In Caldwell County: KENTUCKY COURT OF APPEALS

FACTS: This was a drug trafficking case wherein the Kentucky State Police conducted a warrantless search of Defendant's property. As a result of the search, several pounds of marijuana were seized.

PROCEDURE: Defendant entered a conditional plea of guilty to a five (5) year sentence that allowed him to challenge the warrantless search in the Appellate Court.

OUTCOME: The Kentucky Court of Appeals held that the search was in violation of Defendant's constitutional rights and reversed the guilty plea. The case was sent back to the trial court wherein the charges were dismissed.

SIDE NOTE: Although this was a favorable ruling for the Defendant, the Court found that this case did not modify or clarify the law as it is in Kentucky. Therefore, the case was not published.

** These cases are listed to demonstrate our firm's past successes in criminal defense matters. These are merely representative examples and are not a guarantee of a particular outcome in a criminal defense case.

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Smithland, KY 42081
Phone: 800-594-5452
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