Randall Price v. Commonwealth of Kentucky

── Randall Price v. Commonwealth of Kentucky ── Court: Court of Appeals of Kentucky Date: May 22, 2026 Author: Easton Category: General RENDERED: MAY 22, 2026; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2025-CA-1426-MR RANDALL PRICE APPELLANT APPEAL FROM KENTON CIRCUIT COURT v. HONORABLE PATRICIA M. SUMME, JUDGE ACTION NO. 14-CR-00997 COMMONWEALTH OF KENTUCKY APPELLEE OPINION AFFIRMING ** ** ** ** ** BEFORE: ACREE, CETRULO, AND EASTON, JUDGES. EASTON, JUDGE: Randall Price (Price), pro se, appeals from an Order of the Kenton Circuit Court denying his latest post-conviction motion. Over a decade ago, a jury convicted Price of First-Degree Assault1 and First-Degree Robbery.2 Price now argues that his assault conviction should be vacated because he has 1 Kentucky Revised Statutes (KRS) 508.010. 2 KRS 515.020. “newly discovered evidence” that serious physical injury, standing alone, does not sustain a conviction for First-Degree Assault. He also repeats claims that his assault conviction was improper because it was based on inconsistent findings of intentional and wanton conduct and was precluded by double jeopardy. Finally, Price believes he was denied effective assistance of counsel because appellate counsel failed to raise issues in his prior appeals. We affirm. FACTUAL AND PROCEDURAL HISTORY This case has a long history. Price has filed multiple motions with appeals and a federal court action relating to this case. Several preceding opinions in both state and federal courts thoroughly describe the factual and procedural history. We will discuss only the details of the case particularly relevant to this appeal. Price was indicted in 2014 on charges of First-Degree Assault and First-Degree Robbery. He was tried before a jury and convicted on both counts. He was sentenced to 20 years for the assault and 10 years for the robbery to be served consecutively for a total sentence of 30 years. Price appealed the judgment to the Supreme Court of Kentucky. In that direct appeal, Price argued he was entitled to a directed verdict on the First-Degree Robbery charge because there was no evidence to establish that he had committed theft of the victim’s wallet. The Supreme Court disagreed finding sufficient evidence that Price stole the victim’s -2- wallet after beating him, and that the beating Price inflicted upon the victim satisfied the “use of physical force” and injury elements sufficient to support a conviction for First-Degree Robbery. Price also argued in his direct appeal that he should have been granted a directed verdict on the First-Degree Assault charge, in part, because the Commonwealth failed to prove the victim suffered a serious physical injury. Our Supreme Court disagreed, noting that the victim suffered devastating injuries to his facial bones, eye, and mouth. His cheekbone was free-floating as no longer attached to the related facial muscles. His face was deformed. Medical testimony established that the victim suffered a permanent loss to his mouth’s range of motion.3 Price v. Commonwealth, No. 2015-SC-000469-MR, 2016 WL 7665874 (Ky. Dec. 15, 2016). In 2017, Price filed a Motion to Vacate, Set Aside, or Correct Judgment pursuant to RCr4 11.42. Price alleged multiple claims of ineffective assistance of counsel. The circuit court denied the motion. Price appealed to this 3 As noted by our Supreme Court, one of the first responders to the scene testified that the victim was bleeding from his head, barely breathing, and not moving. The victim’s recovery from the a