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Kentucky Cases 
Published decisions of the Kentucky Supreme Court and Court of Appeal including arguement calendars, minutes, and court news.
Post Frequency: 2.1/day Last Entry: November 21, 2009 at 07:57:37 Recent Entries: 679
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Discretionary Review Grants - October 1, 2009 (September minutes): NONE
Posted on November 21, 2009No motions for discretionary review were granted in September per Oct. 1, 2009 minutes. Discretionary Review Grants - Pending - As of Aug. 19, 2009
ATTORNEY DISCIPLINE: SCOKY for October 29, 2009
Posted on November 21, 2009ATTORNEY DISCIPLINE A. Kentucky Bar Association v. Roger P. Elliott 2009-SC-000549-KB October 29, 2009 The Supreme Court entered an order confirming attorney?s automatic suspension pursuant to SCR 3.166(1). The rule mandates an automatic suspension from the practice of law for any attorney that pleads guilty to a felony, effective the day following the plea...
WORKERS COMP - commencement of benefits: Betty J. Sweasy v. Wal-Mart; ALJ; & Workers? Compensation Board (SC 10/19/2009)
Posted on November 21, 2009Betty J. Sweasy v. Wal-Mart; ALJ; & Workers? Compensation Board 2009-SC-000219-WC October 29, 2009 Opinion of the Court. All sitting; all concur. The Supreme Court reversed the Court of Appeals, holding that the compensable period for permanent partial workers? compensation begins on the date the impairment arises...
LEGAL NEGLIGENCE - conflicts of interest, insurance representation: Stephen R. Chappell, Individually and as partners and/or employees of Landrum & Shouse, et al. v. Kuhlman Electric Corp. AND Kuhlman Electric Corp.
Posted on November 21, 2009Stephen R. Chappell, Individually and as partners and/or employees of Landrum & Shouse, et al. v. Kuhlman Electric Corp. AND Kuhlman Electric Corp. v. Stephen R. Chappell, Individually and as partners and/or employees of Landrum & Shouse, et al. 2006-SC-000140-DG October 29, 2009 2006-SC-000144-DG October 29, 2009 Opinion by Special Justice Crittenden; Justice Noble and Justice Schroder not sitting...
WORKERS COMP - multiplies and intentional safety violations: Kentucky Associated General Contractors Self-Insurance Fund(KAGC) v. Music Construction, Inc. (SC 10/29/2009)
Posted on November 21, 2009Kentucky Associated General Contractors Self-Insurance Fund(KAGC) v. Music Construction, Inc. 2008-SC-000795-DG October 29, 2009 Opinion of the Court. All sitting; all concur. Employee suffered permanent and total disability from a trench collapse. KOSHA subsequently cited the employer for intentional safety violations...
CRIMINAL - Jurors (challenges, rehabilitating): Richard Gabbard v. Commonwealth of Kentucky (SC 10/29/2009)
Posted on November 20, 2009Richard Gabbard v. Commonwealth of Kentucky 2008-SC-000062-MR October 29, 2009 Opinion by Justice Noble. All sitting; all concur. Gabbard argued hismurder conviction must be reversed under Shane since he was forced touse two peremptory strikes to remove two jurors who should have beenstruck for cause...
CRIMINAL - Double jeopardy: Tommie Brown v. Commonwealth of Kentucky (SC 10/29/2009)
Posted on November 20, 2009Tommie Brown v. Commonwealth of Kentucky 2008-SC-000281-MR October 29, 2009 Opinion by Justice Noble. All sitting; all concur. Brown was convicted ofmultiple charges after an incident where he led police on a high-speedchase. On appeal, the Court reversed Brown?s convictions of two countsof second-degree wanton endangerment as violative of the prohibition ondouble jeopardy...
CRIMINAL - Forensic interviewer, consecutive sentencing (sex crimes): Michael Cecil v. Commonwealth of Kentucky (SC 10/29/2009)
Posted on November 20, 2009Michael Cecil v. Commonwealth of Kentucky 2008-SC-000159-MR October 29, 2009 2008-SC-000369-MR October 29, 2009 Opinion by Justice Cunningham; all sitting. Cecil was indicted on two counts of first-degree rape and one count of intimidating a participant in the legal process...
CRIMINAL - disclosure of agreement re testifying witnesse; criminal facilitation: Andre Finnell v. Commonwealth of Kentucky (SC 10/29/2009)
Posted on November 20, 2009Andre Finnell v. Commonwealth of Kentucky 2008-SC-000085-MR October 29, 2009 Opinion by Justice Noble. All sitting; all concur. Finnell was convicted of facilitation of first-degree robbery, reckless homicide and PFO-2 for his role in a homicide that occurred during a narcotics transaction...
CRIMINAL LAW - Crime, pattern of criminal abuse, range of dates: Roy Applegate v. Commonwealth of Kentucky (SC 10/29/2009)
Posted on November 18, 2009Roy Applegate v. Commonwealth of Kentucky 2007-SC-000444-MR October 29, 2009 Opinion by Justice Schroder; all sitting. Applegate was convicted of one count each of first degree rape, first degree sodomy and incest and was sentenced to 30 years imprisonment...
CRIMINAL LAW - Admissibility of drug use when no intoxicated: Steve Burton v. Commonwealth of Kentucky (SC 10/29/2009)
Posted on November 18, 2009Steve Burton v. Commonwealth of Kentucky 2006-SC-000784-MR October 29, 2009 Opinion by Justice Scott; all sitting. After a head-on collision with another vehicle, Burton was convicted of manslaughter, second-degree assault and operating a motor vehicle on a suspended license...
SEARCH AND SEIZURE - Dui Roadblocks: Mark E. Bauder v. Commonwealth of Kentucky (SC 10/29/2009)
Posted on November 18, 2009Mark E. Bauder v. Commonwealth of Kentucky 2008-SC-000056-DG October 29, 2009 Opinion by Justice Cunningham; all sitting. Bauder entered a conditional plea to DUI charges, reserving his right to appeal the trial court?s denial of his motion to suppress evidence from the traffic stop as a violation of his right against unreasonable seizure...
CIVIL PROCEDURE - Statute of Limitations (SOL) tolled by conduct of defendant: Tim Emberton v. GMRI Inc. (d/b/a Red Lobster Restaurant #349), et al. (SC 10/29/2009)
Posted on November 18, 2009Tim Emberton v. GMRI Inc. (d/b/a Red Lobster Restaurant #349), et al. 2007-SC-000443-DG October 29, 2009 2008-SC-000109-DG October 29, 2009 Opinion by Justice Scott; all sitting. Emberton sued GMRI after he contracted the hepatitis A virus at one of its Red Lobster restaurants...
CIVIL PROCEDURE - Dismiss for lack of prosecution: Brian Jaroszewski & Amy Page-Jaroszewski v. Charles F. Flege & Karen Jaroszewski (SC 10/29/2009)
Posted on November 18, 2009Brian Jaroszewski & Amy Page-Jaroszewski v. Charles F. Flege & Karen Jaroszewski 2008-SC-000112-DG October 29, 2009 Opinion by Chief Justice Minton; all sitting. Plaintiffs in a tort action appealed the trial court?s grant of defendant?s motion to dismiss for lack of prosecution (CR 41...
SCOKY MONTHLY CASE SUMMARY REPORT: October 2009
Posted on November 18, 2009For a short digest and link to the full text of the published decision of the Supreme Court of Kentucky for October, 2009, CLICK HERE.
COA Argument Calendar for November 2009 - Dates; Nov. 2, 4 & 5, 2009
Posted on November 16, 2009I apologize for not posting the COA argument calendar in a timely fashion. For archival purposes and a general sense of completeness, here it is. COA Argument Calendar for October 2009 - Dates; Nov. 2, 4 & 5, 2009
SCOKY Oral Arguments for November 18, 19 & 20, 2009
Posted on November 16, 2009Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. If the briefs have been filed at NKU at the time of this post, then they are linked here. If the briefs were not available on line, Click here and enter the Supreme Court, Month, and year to pull of the results for the briefs filed in the month you need to search...
COA 2009 Minutes: November 13,
Posted on November 15, 2009COA 2009 Minutes: November 13, 2009 (Nos. 1154-1179) 26 decisions 6 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 1157 FAMILY LAW Marital property, garnishment and responsibility for early-withdrawal penalties & tax consequences James Atkisson v...
COA 2009 Minutes: Nov. 6, 2009 (Nos. 1137-1153)
Posted on November 13, 2009COA 2009 Minutes: November 6, 2009 (Nos. 1137-1153) 17decisions 5 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 1140 APPEALS (FAILURE TO DOUBLE SPACE AND PAGINATE PROPERLY); TORTS (DEFAMATION)(PRO SE APPEAL) HAWKINS V. MILLER OPINION AFFIRMING ** ** ** ** ** BEFORE: ACREE, TAYLOR AND THOMPSON, JUDGES...
COA 2009 Minutes: October 30, 2009 (Nos. 1100-1136)
Posted on November 01, 2009COA 2009 Minutes: October 30, 2009 (Nos. 1100-1136) 37decisions 9 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 1101 - WHISTLEBLOWER ACT, PRIMA FACIE CASE POWERS V. LEXINGTON-FAYETTE URBAN COUNTY GOV'T AFFIRMING AS TO APPEAL AND CROSS-APPEAL ** ** ** ** ** BEFORE: COMBS, CHIEF JUDGE; ACREE, JUDGE; BUCKINGHAM,1 SENIOR JUDGE...
SCOKY 2009 Minutes: October 29, 2009 (Nos. 218-248)(minutes for Oct.)
Posted on November 01, 2009October 29, 2009 Supreme Court Minutes Decisions 218-248 41 decisions with 12 published 5 published disciplinary cases 6 motions for rehearing denied (none granted) 14 motions for discretionary review granted with 80 motions denied Link to full text published decisions with Questions Presented as noted on the SCOKY minutes are as follows: 218 CHAPPELL V...
WORKERS COMP - Employer estopped from denying compensability, billings by physician not accepting WC schedule: Sullivan v. Wolf Creek Collieries (COA 9/11/2009)
Posted on November 01, 2009Sullivan v. Wolf Creek Collieries 2009-CA-000385 9/11/09 2009 WL 2901561 Released for pub. Opinion by Senior Judge Harris; Judges Moore and Nickell concurred. The Court affirmed a decision of the Workers? Compensation Board finding that an employer was equitably estopped from contesting a worker?s treatment for depression but that the employer was only estopped from denying compensability to the date of the ALJ?s decision...
WORKERS COMP - KRS 342.730(3) reduction applied to settlements in case of first impression: Bell v. Consol of Kentucky, Inc. (COA 9/4/2009)
Posted on November 01, 2009Bell v. Consol of Kentucky, Inc. 2009-CA-000673 9/4/09 2009 WL 2830950 Released for pub. Opinion by Senior Judge Harris; Judges Moore and Nickell concurred. The Court affirmed a decision by the Workers? Compensation Board affirming a decision of the ALJ to reduce benefit payments by 50%, pursuant to KRS 342...
WILLS & ESTATES - Failure to join indispensable party, claim for funeral expenses: Rice v. Steele (C OA 9/18/2009)
Posted on November 01, 2009Rice v. Steele 2008-CA-000308 9/18/09 2009 WL 2971596 Opinion by Judge Lambert; Judge Acree and Senior Judge Harris concurred. The Court dismissed appellant?s appeal from an order dismissing her claims against her mother?s estate and vacated in part and remanded a partial summary judgment in favor of appellant on her claim for restitution for her mother?s funeral expenses...
WILLS & ESTATES - Illegitimates claim to father's property barred by SOL: Combs v. Mullins (COA 9/18/2009)
Posted on November 01, 2009Combs v. Mullins 2008-CA-000776 9/18/09 2009 WL 2971636 DR pending Opinion by Judge Moore; Judge Lambert concurred; Judge VanMeter dissented by separate opinion. The Court affirmed an order of the circuit court dismissing appellant?s claim for an interest in property filed over thirty years after his father?s death...
TORTS - Punitive damages, impeachment by employment of witness, pain and sufferering prior to death, voir dire, juror signing verdict: Fuel Transport, Inc. v. Gibson (COA 9/25/2009)
Posted on November 01, 2009Fuel Transport, Inc. v. Gibson 2008-CA-000969 9/25/09 2009 WL 3047578 Rehearing pending Opinion by Judge Clayton; Judge Thompson and Senior Judge Lambert concurred. The Court affirmed in part and reversed in part a judgment of the circuit court entered subsequent to a jury verdict in favor of an estate in a wrongful death case awarding compensatory and punitive damages...
TORTS - TP Negligence claim and workers comp injury, experts, impaired earning capacity, discovery sanctions: Boland-Maloney Lumber Company, Inc. v. Burnett (COA 9/11/2009)
Posted on November 01, 2009Boland-Maloney Lumber Company, Inc. v. Burnett 2008-CA-000059 9/11/09 2009 WL 2901206 DR pending Opinion by Judge Wine; Judges Acree and Stumbo concurred. The Court affirmed on direct appeal and reversed on cross-appeal a judgment of the circuit court entered subsequent to a jury verdict in favor of the injured person in a negligence action involving an injury occurring on a staircase...
PROPERTY - KRS 67.0802 exchanges w/federal gov't: Southside Real Estate Developers, Inc. v. Pike County Fiscal Court (COA 9/4/2009)
Posted on November 01, 2009Southside Real Estate Developers, Inc. v. Pike County Fiscal Court 2008-CA-001534 9/4/09 2009 WL 2835138 Released for pub. Opinion by Judge VanMeter; Judges Lambert and Moore concurred. The Court affirmed an order of the circuit court finding that a county fiscal court?s failure to comply with the requirements of KRS 67...
PROPERTY - Prescriptive easement, injunction: Little v. Hall (COA 9/25/2009)
Posted on November 01, 2009Little v. Hall 2008-CA-001702 9/25/09 2009 WL 304764 Opinion by Judge VanMeter; Chief Judge Combs and Senior Judge Lambert concurred. The Court affirmed an order of the circuit court granting permanent injunctive relief barring appellants from obstructing a road across their property...
PROPERTY - Foreclosure, right of redemption: Eagle Cliff Resort, LLC v. KHBBJB, LLC (COA 9/4/2009)
Posted on November 01, 2009Eagle Cliff Resort, LLC v. KHBBJB, LLC 2008-CA-000676 9/4/09 2009 WL 2835020 Released for pub. Opinion by Judge Acree; Judge Dixon and Senior Judge Graves concurred. The Court affirmed an order of the circuit court confirming a judicial sale of commercial property following foreclosure by the mortgage holder...
FAMILY LAW - Maintenance, change of circumstances: Daunhauer v. Daunhauer (COA 9/4/2009)
Posted on November 01, 2009Daunhauer v. Daunhauer 2008-CA-000378 9/4/09 2009 WL 2834838 Released for pub. Opinion by Judge Acree; Judge Nickell and Senior Judge Knopf concurred. The Court reversed an order of the family court denying a motion to terminate appellant?s maintenance obligation created by an order dissolving the parties? marriage...
EMPLOYMENT - Ky Civil Rights Act, discrimination, prima facie case: Woods v. Western Kentucky University (CA 9/11/2009)
Posted on November 01, 2009Woods v. Western Kentucky University 2008-CA-001825 9/11/09 2009 WL 2901520 DR pending Opinion by Judge VanMeter; Judges Keller and Stumbo concurred. The Court affirmed a directed verdict in favor of Western Kentucky University on appellant?s claim that the change in the qualifications for a director?s position for which she applied was racially motivated in violation of the Kentucky Civil Rights Act (KCRA)...
EMPLOYMENT - Workers compesation, retaliatory discrimination, attorneys fees: Colorama, Inc. v. Johnson (COA 9/4/2009)
Posted on November 01, 2009Colorama, Inc. v. Johnson 2008-CA-000443 9/4/09 2009 WL 2834950 Released for pub. Opinion by Judge Caperton; Judges Thompson and Wine concurred. The court affirmed a judgment entered subsequent to a jury verdict finding that the employer retaliated or discriminated against a worker for filing a workers? compensation claim The Court first held that the worker met his burden to establish a prima facie case of discrimination Filing the workers? compensation claim was an activity expressly protected under KRS 342...
TORTS - FELA, SOL, judicial admissions: Zapp v. CSX Transportation, Inc. (COA 9/25/2009)
Posted on November 01, 2009Zapp v. CSX Transportation, Inc. 2008-CA-001362 9/25/09 2009 WL 3047630 Rehearing pending Opinion by Judge Taylor; Chief Judge Combs and Judge Nickell concurred. The Court reversed and remanded an order of the circuit court granting a motion for directed verdict for an employer on an employee?s claim under the Federal Employers? Liability Act (FELA)...
CRIMINAL - Sentencing, Pretrial Diversion: Tucker v. Commonwealth (COA 9/25/2009)
Posted on November 01, 2009Tucker v. Commonwealth 2007-CA-001545 9/25/09 2009 WL 3047488 Opinion by Senior Judge Harris; Chief Judge Combs and Judge Thompson concurred. The Court reversed and remanded with instructions to dismiss an indictment with prejudice and to list the case as ?Dismissed-Diverted? pursuant to KRS 533...
CRIMINAL - Interstate Agreement on Detainers: Roskie v. Commonwealth (COA 9/25/2009)
Posted on November 01, 2009Roskie v. Commonwealth 2008-CA-001466 9/25/09 2009 WL 3047638 Opinion by Senior Judge Harris; Chief Judge Combs and Judge Thompson concurred. The Court affirmed an order of the circuit court denying appellant?s motion to dismiss his indictment pursuant to the Interstate Agreement on Detainers (IAD), KRS 440...
CIVIL PROCEDURE- Amending complaint, ad damnum clause: Holly Creek Production Corp. v. Banks (COA 9/25/2009)
Posted on October 31, 2009Holly Creek Production Corp. v. Banks 2008-CA-001851 9/25/09 2009 WL 3047857 Rehearing pending Opinion by Senior Judge Lambert; Judges Acree and VanMeter concurred. The Court affirmed in part and reversed in part a default judgment terminating an oil and gas lease and awarding compensatory and punitive damages...
CIVIL PROCEDURE - 'Savings statute' KRS 413.270(1), mediated settlement: Fields v. Womack (COA 9/11/2009)
Posted on October 31, 2009Fields v. Womack 2007-CA-001255 9/11/09 2009 WL 2901196 Released for pub. Opinion by Senior Judge Lambert; Judges Clayton and Thompson concurred. The court affirmed a judgment of the trial court approving a mediated settlement in a medical negligence action...
CIVIL PROCEDURE: Dismissal for lack of prosecution; long arm statute: Beach v. Caesars Riverboad Casino, LLC (COA 9/4/2009)
Posted on October 31, 2009Beach v. Caesars Riverboad Casino, LLC 2008-CA-000402 9/4/09 2009 WL 2834842 DR pending Opinion by Judge Taylor; Judge Moore concurred; Judge VanMeter dissented. The Court reversed and remanded an order of the circuit court dismissing an action for lack of jurisdiction over appellees on appellant?s complaint for personal injuries she received on appellees? riverboat casino located just across the Kentucky state line in Indiana...
September 2009 COA Case Summary Report (Published Decisions)
Posted on October 31, 2009The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...
Criminal Law - Sentencing, restitution: Rollins v. Commonwealth (COA 9/4/2009)
Posted on October 31, 2009Rollins v. Commonwealth 2008-CA-000074 9/4/09 2009 WL 2834831 Released for pub. Opinion by Judge Wine; Judge Moore and Senior Judge Henry concurred. The Court reversed an order of the circuit court setting restitution and an order overruling a motion to reconsider the order, entered after appellant had served out his sentence entered pursuant to a plea agreement that included language stating that appellant had agreed to pay restitution...
CRIMINAL - Sex offender registration: Robinson v. Commonwealth (COA 9/25/2009)
Posted on October 31, 2009Robinson v. Commonwealth 2008-CA-000975 9/25/09 2009 WL 3047594 Opinion by Judge Thompson; Judge Caperton and Senior Judge Graves concurred. The Court affirmed a judgment of the circuit court entered pursuant to a guilty plea reserving the right to appeal the denial of a motion to amend the indictment from a felony to a misdemeanor...
CRIMINAL PROCEDURE - Automobile search, drug forfeitures: Robbins v. Commonwealth (COA 9/4/2009)
Posted on October 31, 2009Robbins v. Commonwealth 2007-CA-002262 9/4/09 2009 WL 2833520 DR pending Opinion by Judge VanMeter; Judge Nickell and Senior Judge Graves concurred. The Court affirmed a judgment of the circuit court sentencing appellant to four years? imprisonment for illegal possession of a controlled substance pursuant to a conditional Alford plea...
Tort Report: COA Decisions for COA Oct. 9, 2009
Posted on October 26, 2009COA 2009 Minutes: October 9, 2009 (Nos. 1019-1037) TORT DECISIONS FOR OCT 9, 2009 from Court of Appeals 1025 - WORKERS COMPENSATION; RETALIATORY DISCHARGE HALL V. HAMMOND TRANSPORTATION NPO OPINION AFFIRMING ** ** ** ** ** APPELLEE BEFORE: COMBS, CHIEF JUDGE; ACREE, JUDGE; BUCKINGHAM,1 SENIOR JUDGE...
COA 2009 Minutes: October 23, 2009 (Nos. 1074-1099)
Posted on October 24, 2009COA 2009 Minutes: October 23, 2009 (Nos. 1074-1099) 26 decisions 3 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 1080 WILLIAMS V. COMMONWEALTH OPINION AFFIRMING IN PART, REVERSING IN PART, AND REMANDING ** ** ** ** ** BEFORE: COMBS, CHIEF JUDGE; ACREE, JUDGE; BUCKINGHAM,1 SENIOR JUDGE...
Tort Report: COA Decisions for COA Oct. 2, 2009
Posted on October 17, 2009For the minutes for 10/2/09, click here. TORT DECISIONS FOR OCT 2, 2009 COA 1004 - WORKERS COMP BOWERMAN V. BLACK EQUIPMENT CO. OPINION REVERSING AND REMANDING ** ** ** ** ** BEFORE: CAPERTON, KELLER, AND NICKELL, JUDGES. NICKELL, JUDGE: Randy Bowerman (Bowerman) appeals from the opinion of the Workers? Compensation Board (Board) affirming the opinion and award of Administrative Law Judge Marcel Smith (ALJ)...
COA 2009 Minutes: October 16, 2009 (Nos. 1038-1073)
Posted on October 17, 2009COA 2009 Minutes: October 16, 2009 (Nos. 1038-1073) 36 decisions 8 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 1038 - ATTORNEYS, FEES, TRIALS BONAR V. WAITE, SCHNEIDER, BAYLESS & CHESLEY CO., LPA OPINION AFFIRMING ** ** ** ** ** BEFORE: DIXON AND NICKELL, JUDGES; KNOPF,1 SENIOR JUDGE...
SCOKY Oral Arguments for October 21 & 22, 2009
Posted on October 14, 2009Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. If the briefs have been filed at NKU at the time of this post, then they are linked here. If the briefs were not available on line, Click here and enter the Supreme Court, Month, and year to pull of the results for the briefs filed in the month you need to search...
ATTORNEY DISCIPLINE: SCOKY for September 2009 (dtd in Oct. 1 2009 minutes)
Posted on October 14, 2009A. Kentucky Bar Association v. Patrick Edward Moeves 2009-SC-000270-KB October 1, 2009 Attorney was ordered to show cause why the Court should not impose reciprocal discipline after the Ohio Supreme Court prohibited the attorney from appearing pro hac vice in that state for two years...
Discretionary Review Grants - Aug. 19, 2009
Posted on October 14, 2009Discretionary Review Grants - Pending - As of Aug. 19, 2009 Davis et al . v. Scott et al . , 2009-SC-159-DG & 2009-SC-391-DG Assignment of proceeds from legal malpractice claim . Summary Judgment.The issues are: 1 . whether Kentucky should allow parties to assign a portion of the proceeds from a legal malpractice claim ; 2 ...
GOVERNMENT IMMUNITY - Lexington Airport Authority coverered by gov't immunity for Comair crash negligence: Comair, Inc.; and Comair Services, Inc. v. Lexington-Fayette urban County Airport Corporation et. Al (SC 10/1/2009)
Posted on October 12, 2009Comair, Inc.; and Comair Services, Inc. v. Lexington-Fayette urban County Airport Corporation et. Al 2007-SC-000602-TG October 1, 2009 Opinion by Justice Noble. All sitting; all concur. The estates of persons killed in a commercial airplane crash sued Comair, the flight operator...
TORTS / DAMAGE - Spousal Loss of Consortium claim recognized i Ky: Tina Martin, Administratrix of the Estate of Billie Carol Shreve, Deceased; and Donald Ray Shreve, Individually v. Ohio County Hospital Corporation (SC 10/1/2009)
Posted on October 12, 2009Tina Martin, Administratrix of the Estate of Billie Carol Shreve, Deceased; and Donald Ray Shreve, Individually v. Ohio County Hospital Corporation 2008-SC-000211 October 1, 2009 Opinion by Justice Noble. All sitting; all concur. Billie Carol Shreve died after suffering injuries in a car accident...
ATTORNEY DISCIPLINE: SCOCKY for Month of August 2009
Posted on October 12, 2009A. James Wiley Craft v. Kentucky Bar Association 2002-SC-000273-KB August 27, 2009 The Supreme Court reinstated attorney to the practice of law. The attorney had previously resigned under terms of disbarment after a felony conviction. The Court noted that the attorney had shown by clear and convincing evidence that he possessed sufficient professional capabilities and moral character...
WRITS - Lack of subject matter jurisdiction in writ filed over property distribution and estate matter: William Goldstein, Executor v. Judge Timothy J. Feeley & Ruby Joann Young-Layer (Real Party in Interest) (SC 8/27/2009)
Posted on October 11, 2009William Goldstein, Executor v. Judge Timothy J. Feeley & Ruby Joann Young-Layer (Real Party in Interest) 2008-SC-000597-MR August 27, 2009 Opinion by Justice Venters. All sitting; all concur. Before the circuit court could rule on the property division in dissolution action, the exhusband passed away...
WORKERS COMP - TTD, reopening during period of award: Radco Asbestos Specialists, Inc. v. Thomas B. Lyons (SC 8/27/2009)
Posted on October 11, 2009Radco Asbestos Specialists, Inc. v. Thomas B. Lyons; 2008-SC-000777-WC August 27, 2009 Opinion of the Court. All sitting; all concur. Workers? compensation claimant sought to reopen his award in order to obtain temporary total disability (?TTD?) benefits...
REVENUE & TAXATION - KRS 141.120; unitary business model and combined tax returnJonathan Miller, Secretary of the Finance & Administration Cabinet, et al. v. Johnson Controls, Inc. (SC 8/27/2009)
Posted on October 11, 2009Jonathan Miller, Secretary of the Finance & Administration Cabinet, et al. v. Johnson Controls, Inc. et al. 2006-SC-000416-DG August 27, 2009 2007-SC-000819-DG August 27, 2009 Opinion by Justice Noble. Chief Justice Minton not sitting. The Court upheld the constitutionality of KRS 141...
GOVERNMENT IMMUNITY - Gov't vs. proprietar function re housing provided to mainentance person working for school board: Breathitt County Board of Education v. Dot Prater (SC 8/27/2009)
Posted on October 11, 2009Breathitt County Board of Education v. Dot Prater 2008-SC-000041-DG August 27, 2009 Opinion by Justice Abramson; all sitting. As part of her compensation for providing security and maintenance services at an elementary school, the school board allowed an employee to live in a house located on school grounds...
FAMILY LAW - Grandparents, custody, jurisdiction between states: George Mauldin; and Joyce Mauldin v. Rebecca Bearden (SC 8/27/2009)
Posted on October 11, 2009George Mauldin; and Joyce Mauldin v. Rebecca Bearden 2008-SC-000557-DGE August 27, 2009 Opinion by Justice Noble; all sitting. In 2005, the Jefferson Family Court awarded paternal grandparents temporary, and later permanent, custody of an infant whose parents were deemed to be abusive and alcoholic...
CRIMINAL PROCEDURE: Search & seizure - Implied consent, blood testing, unconscious defendant: Melissa Helton v. Commonwealth of Kentucky (SC 8/27/2009)
Posted on October 11, 2009Melissa Helton v. Commonwealth of Kentucky 2008-SC-000141-MR August 27, 2009 Opinion by Justice Noble; all sitting. Helton entered a conditional guilty plea to wanton murder and DUI charges that stemmed from a car accident where four children were killed...
CRIMINAL PROCEDURE - Drug detection dog, automobile stop: Jimmy L. Epps v. Commonwealth of Kentucky (SC 8/27/2009)
Posted on October 11, 2009Jimmy L. Epps v. Commonwealth of Kentucky 2007-SC-000312-DG August 27, 2009 Opinion by Justice Noble. All sitting; all concur. A motorist was stopped by police for a traffic offense. Police called for a narcotic detection dog. The dog ?hit? on the area where Epps, a passenger, was seated...
CRIMINAL LAW - "blind pleas"; right to withdraw prior guilty plea: Frankie Covington v. Commonwealth of Kentucky (SC 8/27/2009)
Posted on October 11, 2009Frankie Covington v. Commonwealth of Kentucky 2007-SC-000773-MR August 27, 2009 Opinion by Justice Venters; all sitting. On the day of trial, Covington?s counsel was advised by the prosecutor that he would recommend a 20 year 5 sentence in exchange for a plea of guilty...
Discretionary Review Grants - NO DISCRETIONARY GRANTS OF REVIEW FOR JULY 2009
Posted on October 10, 2009Discretionary Review Grants - NO DISCRETIONARY GRANTS OF REVIEW FOR JULY 2009
SCOKY MONTHLY CASE SUMMARY REPORT: September 2009
Posted on October 10, 2009The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...
SCOKY MONTHLY CASE SUMMARY REPORT: August 2009
Posted on October 10, 2009The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...
CRIMINAL LAW - Jury selection, alternate discharged: Mark Lee Crossland v. Commonwealth of Kentucky (SC 8/27/2009)
Posted on October 10, 2009Mark Lee Crossland v. Commonwealth of Kentucky 2007-SC-000689-MR August 27, 2009 Opinion by Chief Justice Minton. All sitting; all concur. Crossland appealed his conviction on burglary and arson charges, claiming he was entitled to reversal because the trial court excused a juror and replaced him with a discharged alternate after the case had already been submitted to the jury...
ATTORNEY DISCIPLINES: March 2009
Posted on October 01, 2009A. Kentucky Bar Association v. Bryan Kent Burlew 2008-SC-000500-KB March 19, 2009 The Supreme Court adopted the KBA Board of Governor?s recommendation that attorney be suspended from the practice of law for three years. Attorney was found to have filed a motion for temporary custody on behalf of a client then done nothing further, and failed to communicate or issue a refund to the client...
WORKERS COMP - KRS 342.703(1)(C)(2) reopening for cessation of emploment must relate to injury: Chrysalis House, Inc. v. Keith Tackett; Hon. Grant Roark, ALJ; & Workers? Compensation Board (SC 3/19/2009)
Posted on October 01, 2009Chrysalis House, Inc. v. Keith Tackett; Hon. Grant Roark, ALJ; & Workers? Compensation Board 2008-SC-000221-WC March 19, 2009 Opinion of the Court; Justice Noble not sitting. Tackett suffered a job-related injury subsequently returned to work after being awarded income benefits of $38...
WORKERS COMP - pneumoconiosis, clear and convincing evidence standard to rebut panel's findings: Larry Cain v. Lodestar Energy, Inc.; Hon. J. Landon Overfield, AJL; Workers? Compensation Board (SC 3/19/2009)
Posted on October 01, 2009Larry Cain v. Lodestar Energy, Inc.; Hon. J. Landon Overfield, AJL; Workers? Compensation Board 2008-SC-000178-WC March 19, 2009 Opinion of the Court; all sitting; Justice Scott concurs in result only. Under KRS 342.732(1)(a), workers that are diagnosed with category-1 coal workers? pneumoconiosis, but who do not exhibit significant respiratory impairment are entitled to a retraining incentive benefit (RIB)...
WORKERS COMP: Every officer of corporation is also employee for WC purposes: Kentucky Employers? Mutual Insurance v. J&R Mining, Inc. et al. (SC 3/19/2009)
Posted on September 30, 2009Kentucky Employers? Mutual Insurance v. J&R Mining, Inc. et al. 2008-SC-000257-WC March 19, 2009 Opinion of the Court; all sitting; Justice Venters concurs in result only. Earl Reed, Jr., president and co-owner of a mining company, was killed in a work-related accident...
TORTS (WORKERS COMP) - "Up the ladder" immunity, formal written contract not required: Greg Beaver (d/b/a Beaver Construction Co.) v. Kevin Oakley & Crawford Electric, Inc. (SC 3/19/2009)
Posted on September 30, 2009Greg Beaver (d/b/a Beaver Construction Co.) v. Kevin Oakley & Crawford Electric, Inc. 2006-SC-000813-DG March 19, 2009 Opinion by Chief Justice Minton; all sitting, all concur. Oakley brought suit in tort against Beaver for injuries suffered at a construction site...
EMPLOYMENT LAW - Interpretation of group health plan re LFUCG firefighters: Lexington-Fayette Urban County Government v. Norman Johnson, et al. (SC 3/19/2009)
Posted on September 30, 2009Lexington-Fayette Urban County Government v. Norman Johnson, et al. 2007-SC-000294-DG March 19, 2009 Opinion by Justice Schroder; Justice Noble not sitting. Appellees were three retired firefighters who opted out of the Lexington-Fayette Urban County Government (LFUCG) group health insurance plan...
CRIMINAL PROCEDURE - Double Jeopardy, Blockburger, burglary/assault convictions: Commonwealth v. Kevin T. McCombs (SC 3/19/2009)
Posted on September 30, 2009Commonwealth v. Kevin T. McCombs 2007-SC-000127-DG March 19, 2009 Opinion by Justice Cunningham; all sitting, all concur. McCombs was convicted of violation of a protective order, first degree burglary and fourth degree assault. The Court of Appeals reversed the burglary and assault convictions on double jeopardy grounds, ruling that the same injury was used to prove both offenses...
CRIMINAL - KRS 189A.010(5)(d) & .120(1), Amending Down DUI Charges: Allen David Jones v. Commonwealth (SC 3/19/2009)
Posted on September 30, 2009Allen David Jones v. Commonwealth 2006-SC-000802-DG March 19, 2009 Opinion by Chief Justice Minton; Justice Schroder not sitting. Jones was indicted on charges of fourth offense DUI, third offense operating a vehicle on a DUI-suspended license and being a persistent felony offender in the first degree...
KUDOS: Indiana Law Blog still number one at Blawgsearch; but we're still in the TOP TEN (at no. FIVE) out of 2200+ law blogs. Hoorah!
Posted on September 29, 2009This weeks current rankings among the nations most popular legal blogs is a nice warm and fuzzy for me, and a good reminder that a blog with the law and nothing but the law without fanfare, frivolity, and funny stuff can still attract an audience. The Kentucky Court Report aka Kentucky Cases comes in this week as NUMBER 5 and Number 14 currently for ALL TIME...
BLOG UPDATE: Recent posts are dated
Posted on September 28, 2009As you noted, I am currently behind on the posts. The good news is that the Minutes, Argument Calendars, and Monthly Summaries are and have been current. The bad news is the individual cases that have been published in those monthly summaries has been spotty...
CRIMINAL PROCEDURE - Discovery - no duty to compel defendant's expert to prepare report: Commonwealth v. David Nichols (SC 3/19/2009)
Posted on September 28, 2009Commonwealth v. David Nichols 007-SC-000493-DG March 19, 2009 Opinion by Justice Cunningham; all sitting, all concur. Prior to trial, Nichols moved the Circuit Court for clarification of his obligation under RCr 7.24. Specifically, Nichols argued that he should not be required to disclose the identity of his expert witness or provide a report of the expert?s expected testimony since the expert had not prepared any reports...
EVIDENCE - Attorney work product & Statements obtained in anticipation of litigation : Tom Duffy, Sr. et al v. Hon. Karen L. Wilson, et al. (SC 3/19/2009)
Posted on September 28, 2009Tom Duffy, Sr. et al v. Hon. Karen L. Wilson, et al. 2008-SC-000507-MR March 19, 2009 Opinion by Justice Venters; all sitting. Ryan Owens died following football practice at Henderson County High School. Two weeks later, an adjuster for the school board?s insurer conducted interviews with witnesses...
CIVIL PROCEDURE - Change in law not sufficient to support reopening case per CR 60.02: Toyota Motor Manufacturing, Kentucky, Inc. v. Hon. Robert G. Johnson, Judge & Jeff Sergent, Real Party in Interest (SC 3/19/2009)
Posted on September 28, 2009Toyota Motor Manufacturing, Kentucky, Inc. v. Hon. Robert G. Johnson, Judge & Jeff Sergent, Real Party in Interest 2007-SC-000647-MR March 19, 2009 Opinion by Justice Noble; all sitting. In 1999, Sergent filed a wage and hour suit against Toyota. The Circuit Court granted Toyota?s motion to dismiss on the grounds that its jurisdiction was limited to reviewing final decisions of the Kentucky Department of Labor administrative proceedings...
ATTORNEYS - February Disciplinary Decisions by SCOKY
Posted on September 27, 2009A. Ky. Bar Assn. v. Robert N. Trainor 2008-SC-000827-KB 2/19/2009 The Court imposed reciprocal discipline on an attorney publicly reprimanded by the Supreme Court of Ohio for violating their rule requiring lawyers to notify clients if they maintain malpractice insurance less than $100,000 per occurrence and $300,000 in aggregate...
WORKERS COMP - Teacher had work related injury in activity from school: Clark County Board of Education v. Audeen Jacobs; Hon. Sheila C.Lowther, CALJ; Workers? Compensation Board (SC 2/19/2009)
Posted on September 27, 2009Clark County Board of Education v. Audeen Jacobs; Hon. Sheila C.Lowther, CALJ; Workers? Compensation Board 2008-SC-000222-WC 2/19/2008 All sitting; all concur. AFFIRMED. Claimant was employed as a high school teacher and served as sponsor of the school?s chapter of the Beta Club?a national honor student organization...
TORTS - Predictions of future peformance did not amount to fraud unless incorporates falsified info: Flegles, Inc. v. Truserv Corporation (SC 2/19/2009)
Posted on September 27, 2009Flegles, Inc. v. Truserv Corporation 2006-SC-000471-DG 2/19/2009 2007-SC-000155-DG 2/19/2009 Opinion by Justice Abramson; all sitting. Affirmed. Flegles Inc., which operated a family-owned True Value hardware store, sued its wholesale cooperative, Truserv claiming that Truserv made fraudulent misrepresentations which induced Flegles to build a new expanded store?which did not perform up to expectations...
TORTS - KRS 201A.400, mental health professional's duty to warn victim of threats: Lois DeVasier (Administratrix of the estate of Kenneitha Crady) v. William James, M.D. (SC 2/19/2009)
Posted on September 27, 2009Lois DeVasier (Administratrix of the estate of Kenneitha Crady) v. William James, M.D. 2007-SC-000130-DG 2/19/2009 2007-SC-000365-DG 2/19/2009 Opinion by Justice Venters; all sitting. Kenneitha Crady was murdered by her boyfriend, Rene Crissell, shortly after he had been seen by Dr...
FAMILY LAW - Marital property, valuation of sole proprietorship or closely held business can include boh personal and enterprise value (case of first impression in Ky): Julie Anne Gaskill v. Jon Kevin Robbins (SC 2/19/2009)
Posted on September 27, 2009Julie Anne Gaskill v. Jon Kevin Robbins 2007-SC-000190-DGE 2/19/2009 2007-SC-000207-DGE 2/19/2009 Opinion by Justice Noble; Chief Justice Minton not sitting. In a case of first impression in Kentucky, the Supreme Court held that the goodwill of a closely-held or sole proprietorship business can have both personal and enterprise value...
CRIMINAL LAW - issues pertaining to speedy trial and prosecutorial vindictiveness preserved: Robert Dickerson v. Commonwealth (SC 2/19/2009)
Posted on September 27, 2009Robert Dickerson v. Commonwealth 2008-SC-000074-MR 2/19/2009 Opinion by Chief Justice Minton; all sitting. After the Supreme Court reversed his original convictions, Dickerson pled guilty to criminal abuse in the first degree and firearm possession by a felon...
CRIMINAL LAW - Crimes, appeals failure to preserve isse regarding inoperability of firearm: Commonwealth v. Bobby A. Jones (SC 2/19/2009)
Posted on September 27, 2009Commonwealth v. Bobby A. Jones 2006-SC-000650-DG 2/19/2009 Opinion by Justice Abramson; all sitting. Jones was convicted of possession of a firearm by a convicted felon. On appeal, Jones argued that the prosecution failed to prove the operability of the firearm-- which Jones contended was an element of the offense...
CRIMINAL PROCEDURE - 6th amendment right to confront witnesses and excluded statements by rape victim to nurse (excited utterances): Tyrone Antoine Hartsfield v. Commonwealth (SC 2/19/2009)
Posted on September 27, 2009Tyrone Antoine Hartsfield v. Commonwealth 2007-SC-000077-DG 2/19/2009 Opinion by Chief Justice Minton; Justice Abramson not sitting. Hartsfield was indicted on rape and sodomy charges. The alleged victim, M.B., died before the indictment went to trial...
CRIMINAL PROCEDURE - Faretta Rule and waiver of counsel to represent themselves: Nicholas L. Depp v. Commonwealth (SC 2/19/2009)
Posted on September 27, 2009Nicholas L. Depp v. Commonwealth 2007-SC-000575-MR 2/19/2009 Opinion by Justice Noble; all sitting. After a trial where he represented himself, Depp was convicted of first-degree rape and first-degree sodomy. On appeal Depp argued that the trial court did not follow the procedures set forth by the U...
CRIMINAL - Procedure, double jeopardy: Commonwealth v. Gary Davidson (SC 2/19/2009)
Posted on September 27, 2009Commonwealth v. Gary Davidson 2006-SC-000180-DG 2/19/2009 Opinion by Special Justice Moore; Justice Noble, Justice Venters, Justice Cunningham, Justice Abramson and Special Justice R. Michael Sullivan concur. Davidson was found guilty of unlawful imprisonment in the first degree and assault in the second degree...
AOC NEWS: Kentucky Court of Appeals to hear oral arguments Sept. 29 in Highland Heights
Posted on September 27, 2009Kentucky Court of Appeals to hear oral arguments Sept. 29 in Highland Heights Monday, September 21, 2009 Issued By: Kentucky Court of Justice The public is invited to observe as the Court of Appeals hears oral arguments in cases on appeal from Fayette and Franklin counties.
AOC NEWS: Russell County to break ground for judicial center Sept. 28
Posted on September 27, 2009Russell County to break ground for judicial center Sept. 28 URL : http://kentucky.gov/Newsroom/kycourts/PR09252009CA1.htm Date : Friday, September 25, 2009 Issued By : Kentucky Court of Justice Summary : State and local officials, public invited to attend groundbreaking ceremony for the planned Russell County Judicial Center.
CIVIL PROCEDURE & DAMAGES aka FRATZKE - counsel waived strict CR 8.01(2) damages interrogatories by deposing on damages: James B. Tennill, Sr. v. Cyrus M. Talai (SC 2/19/2009)
Posted on September 27, 2009James B. Tennill, Sr. v. Cyrus M. Talai 2007-SC-000046-DG 2/19/2009 2007-SC-000673-DG 2/19/2009 Opinion by Justice Schroder; all sitting. Tennill received a default judgment against Talai for personal injuries suffered in a motor vehicle accident. Prior to a hearing on the issue of damages, Talai propounded written interrogatories to Tennill and took Tennill's deposition...
ADMINISTRATIVE LAW - Liquor licensing and minimum distance between establishments per local ordinance: Louisville / Jefferson County Metro Govt. v. TDC Group, LLC, d/b/a Molly Malone?s & Alcoholic Beverage Control Board (SC 2/19/2009)
Posted on September 27, 2009Louisville / Jefferson County Metro Govt. v. TDC Group, LLC, d/b/a Molly Malone?s & Alcoholic Beverage Control Board 2007-SC-000315-DG 2/19/2009 2007-SC-000581-DG 2/19/2009 Opinion by Justice Noble; Justice Abramson not sitting. Molly Malone?s (a restaurant in Louisville) sought to replace its restaurantdrink license with a retail liquor drink license...
COA 2009 Minutes: September 25, 2009 (Nos. 980-1000)
Posted on September 26, 2009COA 2009 Minutes: September 25, 2009 (Nos. 980-1000) 21 decisions 9 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 980 TUCKER V. COMMONWEALTH CRIMINAL OPINION REVERSING AND REMANDING WITH INSTRUCTIONS ** ** ** ** ** BEFORE: COMBS, CHIEF JUDGE; THOMPSON, JUDGE; HARRIS,1 SENIOR JUDGE...
Criminal - Post-conviction relief, RCr 11.42, DVO: Fuston v. Commonwealth (COA 8/21/2009)
Posted on September 23, 2009Fuston v. Commonwealth 2008-CA-000819 8/21/09 2009 WL 2569069 Opinion by Judge Wine; Judges Nickell and Stumbo concurred. The Court reversed and remanded an order of the circuit court denying appellant post-conviction relief under RCr 11.42 from his conviction for first-degree manslaughter...
Administrative Law - due process, appeals following hearing: Commonwealth, Cabinet for Health and Family Services v. Gambrel's Food Mart, Inc. (C0A 8/28/2009)
Posted on September 23, 2009Commonwealth, Cabinet for Health and Family Services v. Gambrel's Food Mart, Inc. 2008-CA-001243 8/28/09 2009 WL 2633576 Opinion by Judge Stumbo; Chief Judge Combs and Senior Judge Buckingham concurred. The Court affirmed a judgment of the circuit court holding that appellee should not be disqualified from participating as a vendor in Kentucky?s Women, Infants and Children (WIC) program...
Contracts - equine, veterinary practice of medicine, KRE 401: Ramsey v. Lambert (COA 8/7/2009)
Posted on September 23, 2009Ramsey v. Lambert 2008-CA-000862 8/7/09 2009 WL 2408413 Opinion by Judge Lambert; Judge Acree and Senior Judge Harris concurred. The Court affirmed a jury verdict awarding fees to appellees under an oral contract to provide services advising of potential thoroughbred horse racing prospects...
Contacts - covenant not to compete, parol evidence rule: New Life Cleaners v. Tuttle (COA 8/7/2009)
Posted on September 23, 2009New Life Cleaners v. Tuttle 2007-CA-001948 8/7/09 2009 WL 2408337 Opinion by Judge Nickell; Judge Clayton concurred; Judge VanMeter dissented. The Court reversed and remanded a judgment of the circuit court in favor of an employee in a dispute over a contract containing a covenant not to compete...
Arbitration - employment agreement, jurisdiction re earlier employment agreements: Jacob v. Dripchak (COA 8/12/2009)
Posted on September 23, 2009Jacob v. Dripchak 2008-CA-001157 8/21/09 2009 WL 2569128 Opinion by Judge Taylor; Chief Judge Combs and Judge Nickell concurred. The Court affirmed in part, and reversed and remanded in part, a judgment of the circuit court confirming an arbitration award in favor of appellee on claims related to an employment contract...
August 2009 COA Case Summary Report (Published Decisions)
Posted on September 23, 2009The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...
WORKERS COMP & ESTATES - n KRS 342.180 did not apply to money received by an estate when a worker died without dependents: Williams v. Farmers Stockyard, Inc. (COA 8/7/2009)
Posted on September 23, 2009Williams v. Farmers Stockyard, Inc. 2008-CA-000785 8/7/09 2009 WL 2408399 Opinion by Judge Caperton; Senior Judge Buckingham concurred; Judge Stumbo dissented by separate opinion. On discretionary review, the Court affirmed a judgment of the circuit court reversing a district court order regarding creditors? claims to workers? compensation benefits paid to the estate of a deceased worker...
WORKERS COMP - No error by ALJ in reopening claim later than 2 year window, medical benefits awarded affirmed: Ranger Contracting v. Morley (COA 8/28/2009)
Posted on September 23, 2009Ranger Contracting v. Morley 2008-CA-001037 8/28/09 2009 WL 2707394 Opinion by Judge Nickell; Judges Caperton and Keller concurred. The Court affirmed an order of the Workers? Compensation Board affirming an ALJ?s award of medical benefits to a worker and his treating physician following the reopening of a claim resulting from a disputed medical fee...
WORKERS COMP - KRS 342.16(2)'s three factors for denial of claim, no causal connection between misrepresentation by employee and his injury: Baptist Hospital East v. Possanza (COA 8/7/2009)
Posted on September 23, 2009Baptist Hospital East v. Possanza 2009-CA-000082 8/7/09 2009 WL 2424212 Opinion by Judge Lambert; Judges Caperton and Keller concurred. The Court affirmed a decision of the Workers? Compensation Board reinstating a worker?s claims for benefits. The Court held that the Board did not err in its interpretation and application of KRS 342...
TORTS - MVA; "the" vs. "a" substantial factor in causation not substantial error; zero pain and suffering affirmed; no negligence per se against coal company: Trent v. Teco Coal Corporation (COA 5/22/09; 8/21/09 ordered published)
Posted on September 23, 2009Trent v. Teco Coal Corporation 2008-CA-000486 5/22/2009 2009 WL 1424031 Ordered Pub 8/21/09 Opinion by Judge Clayton; Judges Moore and Stumbo concurred. The Court affirmed a judgment of the circuit court entered subsequent to a jury verdict apportioning fault between the parties on appellant?s claim related to an automobile accident...
TORTS (MVRA, Threshhold verdict) EVIDENCE (police officers non-expert opinions on weather, property damage not accident reconstruction)Price v. Garcia (COA 8/7/2009)
Posted on September 23, 2009Price v. Garcia 2007-CA-001344 8/7/09 2009 WL 2408156 Opinion by Judge Nickell; Judge VanMeter and Senior Judge Graves concurred. The Court affirmed a judgment of the circuit court dismissing appellants? personal injury claims with prejudice following a jury verdict finding that appellants had not incurred $1,000...
TORTS - Defective title search claim, damages, attorney fees: Hamilton v. Trans Union Settlement Solutions, Inc. (COA 8/14/2009)
Posted on September 23, 2009Hamilton v. Trans Union Settlement Solutions, Inc. 2008-CA-001475 8/14/09 2009 WL 2475430 Opinion by Senior Judge Lambert; Judges Clayton and Thompson concurred. The Court reversed and remanded for further proceedings a judgment of the circuit court granting appellants recovery on their claims against appellee related to a title examination in which it failed to discover a land use restriction in a deed...
JUVENILES - Use of expert witness permitted to determine best interests of child in juvenile sex offender adudication: N.L. v. Commonwealth (COA 8/14/2009)
Posted on September 23, 2009N.L. v. Commonwealth 2007-CA-001216 8/14/09 2009 WL 2475190 Opinion by Senior Judge Lambert; Judge Wine concurred; Judge Keller concurred in result by separate opinion. On discretionary review, the Court vacated and remanded an order of the circuit court affirming a district court judgment finding that appellant was a juvenile sexual offender...
FAMILY LAW - Affirmed order that parties' son attend parochial school and not violative of First Amendment: Young v. Holmes (COA 8/28/2009)
Posted on September 23, 2009Young v. Holmes 2008-CA-001365 8/28/09 2009 WL 2633653 Opinion by Judge Caperton; Judge Thompson concurred; Judge Wine concurred by separate opinion. The Court affirmed an order of the family court whereby the court ordered the parties? son to attend a parochial school...
FAMILY LAW - Federal stimulus payments as marital property: Wilder v. Wilder (COA 8/28/2009)
Posted on September 23, 2009Wilder v. Wilder 2008-CA-002289 8/28/09 2009 WL 2633701 Opinion by Judge Lambert; Judge Stumbo and Senior Judge Henry concurred. The Court affirmed an order of the circuit court distributing marital funds from a federal stimulus payment entered more than ten days after entry of the final divorce decree...
FAMILY LAW - Evidence failed to show father abandoned child in termination proceeding: P.C.C. v. C.M.C. (COA 8/21/2009)
Posted on September 23, 2009P.C.C. v. C.M.C. 2009-CA-000189 8/21/09 2009 WL 2569222 Opinion by Chief Judge Combs; Judge VanMeter and Senior Judge Lambert concurred. The Court vacated a judgment of adoption that effectively terminated appellant?s parental rights and allowed his son?s stepfather to adopt him...
EMPLOYMENT LAW - Claim of wrongful discharge for refusing to violate law not found: Welsh v. Phoenix Transportation Services, LLC (COA 8/14/2009)
Posted on September 23, 2009Welsh v. Phoenix Transportation Services, LLC 2007-CA-001231 8/14/09 2009 WL 2475206 Opinion by Judge Nickell; Senior Judge Rosenblum concurred; Judge Thompson concurred in result only. The Court affirmed a summary judgment of the circuit court in favor of the appellee employer on appellant?s claims of wrongful discharge in violation of public policy and tortious interference with employment...
EMPLOYMENT LAW - Whistleblower Act, Claim of retaliatory discharge, "good faith" report: Thornton v. Office of the Fayette County Attorney (COA 8/14/2009)
Posted on September 23, 2009Thornton v. Office of the Fayette County Attorney 2008-CA-000740 8/14/09 2009 WL 2475329 Opinion by Judge Clayton; Chief Judge Combs and Judge Nickell concurred. The court affirmed a summary judgment in favor of appellees on appellant?s claim for retaliation under the Kentucky Whistleblower Act, KRS 61...
EDUCATION LAW - SJ affirmed dismissing claim board failed to hire him: Hicks v. Magoffin County Board of Education (COA 8/21/2009)
Posted on September 23, 2009Hicks v. Magoffin County Board of Education 2008-CA-001025 8/21/09 2009 WL 2569107 Opinion by Judge VanMeter; Chief Judge Combs and Senior Judge Lambert concurred. The Court affirmed a summary judgment of the circuit court in favor of the appellee board of education on appellant?s claim that the board failed to hire him...
Criminal - postconviction relief, succeeding judge, sixteen year delay in making CR 60.02 motion: Oller v. Commonwealth (COA 8/21/2009)
Posted on September 23, 2009Oller v. Commonwealth 2008-CA-000977 8/21/09 2009 WL 2569080 Opinion by Senior Judge Harris; Judges Moore and Nickell concurred. The Court affirmed an order of the circuit court denying appellant?s motion for post-conviction relief filed pursuant to CR 60...
Torts - discovery/admissibility of SSD application, Financial hardship exception to collateral source rule, aggravation of pre-existing condition instructions, judgment NOV denial affirmed: Peters v. Wooten (COA 7/17/2009)
Posted on September 22, 2009Peters v. Wooten 2007-CA-001955 07/17/2009 2009 WL 2059085 Opinion by Judge Moore; Judge Acree and Senior Judge Knopf concurred. The Court affirmed a verdict and judgment for the defense after a jury trial in a personal injury case arising from an automobile accident...
Damages - Economic Loss Rule followed in Ky: Industrial Risk Insurers v. Giddings & Lewis, Inc. (COA 7/2/2009)
Posted on September 22, 2009Industrial Risk Insurers v. Giddings & Lewis, Inc. 2007-CA-002163 07/02/2009 2009 WL 1884386 DR Pending Opinion by Judge Keller; Judges Clayton and Lambert concurred. The Court affirmed in part, reversed in part, and remanded a circuit court order granting summary judgment to appellees on appellants? tort claims related to damage to a lathe, material handling system and vertical machining centers manufactured by appellees...
Torts - malicious prosecution, probably cause for original medical malpractice claim: D'Angelo v. Mussler (COA 5/29/2009)
Posted on September 22, 2009D'Angelo v. Mussler 2008-CA-001003 05/29/2009 2009 WL 1491390 Opinion by Judge Moore; Judge Dixon and Senior Judge Knopf concurred. The Court affirmed a summary judgment of the circuit court in favor of the appellee attorney on appellant?s claim alleging wrongful use of civil proceedings...
Property - EPA and mine permit, surface/mineral rights, broad form deed: Johnson v. Environmental and Public Protection Cabinet (COA 5/15/2009)
Posted on September 22, 2009Johnson v. Environmental and Public Protection Cabinet 2008-CA-000151 05/15/2009 2009 WL 1348470 Released for publication Opinion by Judge Dixon; Judge Moore and Senior Judge Knopf concurred. The Court affirmed an order of the circuit court affirming a final order of the Environmental and Public Protection Cabinet granting a mine permit to a coal company authorizing both surface mining and underground mining...
Family Law - venue (motion to transfer, waiver), property distribution, tax refund, medical care for child: Stipp v. St. Charles (COA 7/2/2009)
Posted on September 22, 2009Stipp v. St. Charles 2008-CA-000400 07/02/2009 2009 WL 1884435 Opinion by Judge Acree; Judge Nickell and Senior Judge Knopf concurred. The Court affirmed orders of the family court denying a motion requesting a transfer on grounds of improper venue, distributing marital assets, awarding maintenance, ordering continued health insurance coverage and allocating the parties? income tax refund in a dissolution of marriage action...
Family Law - motion to set aside settlement agreement and claims of fraud, intimidation and mental incompetence: Lawson v. Lawson (COA 7/17/2009)
Posted on September 22, 2009Lawson v. Lawson 2008-CA-000824 07/17/2009 2009 WL 2059450 Opinion by Judge Lambert; Judges Acree concurred; Senior Judge Harris concurred in result only by separate opinion. The Court affirmed an order of the circuit court denying a motion brought pursuant to CR 60...
Family Law - extension of DVO, expired: Fedders v. Vogt-Kilmer (COA 7/31/2009)
Posted on September 22, 2009Fedders v. Vogt-Kilmer 2008-CA-000450 07/31/2009 2009 WL 2341495 Opinion by Senior Judge Guidugli; Judges Stumbo and Thompson concurred. The Court vacated and remanded an order of the family court extending an original domestic violence order (DVO) for three years...
Education Law - residency requirements to teach in district: Newport Independent School District v. Commonwealth (COA 7/24/2009)
Posted on September 22, 2009Newport Independent School District v. Commonwealth 2008-CA-001615 07/24/2009 2009 WL 2192773 Opinion by Senior Judge Harris; Judges Acree and Lambert concurred. The Court affirmed an order of the circuit court upholding the constitutionality of KRS 160...
Workers Compensation - future medical treatment: Max & Erma's v. Lane (COA 7/24/2009)
Posted on September 22, 2009Max & Erma's v. Lane 2009-CA-000528 07/24/2009 2009 WL 2217530 Opinion by Judge Moore; Judge Nickell and Senior Judge Harris concurred. The Court affirmed an opinion of the Workers? Compensation Board reversing and remanding a decision of an ALJ denying an award of future medical treatment...
Wills - Holographic will, conditional will, extrinsic evidence: Fisher v. Gray (COA 7/2/2009)
Posted on September 22, 2009Fisher v. Gray 2008-CA-000171 07/02/2009 2009 WL 1884425 DR Pending Opinion by Judge Keller; Judge Wine concurred; Senior Judge Lambert dissented by separate opinion. The Court affirmed a summary judgment of the circuit court entered in favor of one of three sisters in an original action filed pursuant to KRS 394...
July 2009 COA Case Summary Report (Published Decisions)
Posted on September 22, 2009The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...
June 2009 COA Case Summary Report (Published Decisions)
Posted on September 22, 2009The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...
SCOKY Oral Arguments for September 23, 24, 2009
Posted on September 22, 2009Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. If the briefs have been filed at NKU at the time of this post, then they are linked here. If the briefs were not available on line, Click here and enter the Supreme Court, Month, and year to pull of the results for the briefs filed in the month you need to search...
COA 2009 Minutes: September 18, 2009 (Nos. 952-978)
Posted on September 21, 2009COA 2009 Minutes: September 18, 2009 (Nos. 952-978) 28 decisions 6 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 958 RICE V. STEELE OPINION DISMISSING IN PART; VACATING IN PART AND REMANDING ** ** ** ** ** BEFORE: ACREE AND LAMBERT, JUDGES; HARRIS,1 SENIOR JUDGE...
Criminal Law - arguments of "odds" and reasonable doubt and racial statistics: Washington v. Commonwealth (COA 7/24/2009)
Posted on September 21, 2009Washington v. Commonwealth 2007-CA-001404 07/24/2009 2009 WL 2192171 Opinion by Judge Wine; Judges Nickell and Stumbo concurred. The Court reversed and remanded for a new trial appellant?s conviction for robbery in the second degree and being a persistent felony offender in the first degree...
Criminal Law - suppression motion re pharmacy records, crime of purchasing pseudoephedrine: Pitcock v. Commonwealth (COA 6/12/2009)
Posted on September 21, 2009Pitcock v. Commonwealth 2007-CA-002014 06/12/2009 2009 WL 2341428 Opinion by Senior Judge Knopf; Judges Dixon and Keller concurred. The Court affirmed a judgment of the circuit court sentencing appellant to two years of imprisonment for his conditional guilty plea to one count of unlawful possession of methamphetamine precursor, reserving the right to appeal the denial of his motion to suppress evidence...
Criminal Law - determining if getting proper psychiatric treatment following guilty plea but mentally ill, mandamus: Breeden v. Commonwealth (COA 7/17/2009)
Posted on September 21, 2009Breeden v. Commonwealth 2008-CA-000243 07/17/2009 2009 WL 2059424 Opinion by Judge Stumbo; Judges Keller and VanMeter concurred. The Court affirmed an order of the circuit court denying appellant?s motion for a hearing to determine if he was receiving proper psychiatric treatment in accordance with his plea of guilty but mentally ill...
Criminal Law - DUI, right to contact attorney, conditional guilty plea: Bhattacharya v. Commonwealth (COA 7/31/2009)
Posted on September 21, 2009Bhattacharya v. Commonwealth 2008-CA-000783 07/31/2009 2009 WL 2341537 Opinion by Judge Moore; Judge Wine and Senior Judge Henry concurred. The Court affirmed an order of the circuit court affirming a district court judgment convicting appellant of operating a motor vehicle under the influence, first offense, and operating on a suspended license...
Business Law - piercing corporate veil, fraud claims, standing: Daniels v. CDB Bell, LLC (COA 7/17/2009)
Posted on September 21, 2009Daniels v. CDB Bell, LLC 2007-CA-001608 07/17/2009 2009 WL 2059079 Opinion by Judge Clayton; Chief Judge Combs and Judge Caperton concurred. In an appeal and cross-appeal, the Court affirmed a trial court order granting a directed verdict in favor of appellants on appellees? claims for fraud and punitive damages and reversed a judgment imposing personal liability on investors in a corporation pursuant to a jury verdict finding that the corporate veil should be pierced...
Civil Procedure - good cause to set aside default judgment: First Horizon Home Loan Corporation v. Barbanel (COA 7/2/2009)
Posted on September 21, 2009First Horizon Home Loan Corporation v. Barbanel 2008-CA-000083 07/02/2009 2009 WL 1884397 Opinion by Judge Acree; Judge Nickell and Senior Judge Knopf concurred. The Court affirmed an order of the circuit court denying appellants? motion to set aside a default judgment...
Civil Procedure - local order prescribing objections during preliminary hearings, jurisdiction over judge's local rule: Delahanty v. Commonwealth (COA 7/31/2009)
Posted on September 21, 2009Delahanty v. Commonwealth 2008-CA-000580 07/31/2009 2009 WL 2341518 Opinion by Judge Thompson; Judges Acree and Taylor concurred. The Court affirmed an order of the circuit court granting a writ prohibiting a district court judge from enforcing a verbal and written directive prohibiting the county attorney and his assistants from making objections to defense counsel?s questions during preliminary hearings to establish probable cause to detain a defendant pending indictment...
Torts - Sudden emergency, hearsay expert testimony: Bailey v. MCM Business Services, Inc. (COA 6/5/2009)
Posted on September 20, 2009Bailey v. MCM Business Services, Inc. 2007-CA-001619 06/05/2009 2009 WL 1562848 Rehearing Pending Opinion by Judge Lambert; Judge Taylor and Senior Judge Graves concurred. The Court affirmed a judgment of the circuit court entered pursuant to a jury verdict in favor of appellees on appellant?s claims related to an automobile accident...
Family Law - Extending DVO: Kessler v. Switzer (COA 6/5/2009)
Posted on September 20, 2009Kessler v. Switzer 2008-CA-002083 06/05/2009 2009 WL 1562837 Opinion by Judge Lambert; Judge Keller concurred; Judge Caperton dissented by separate opinion. The Court affirmed an order of the circuit court extending a domestic violence order. The Court first held that appellant?s due process rights were not violated by the trial court?s failure to hold a hearing requiring appellee to testify and subjecting her to cross-examination before extending the DVO...
Family Law - material change per KRS 403.213 to modify child support: Howard v. Howard (COA 6/12/2009)
Posted on September 20, 2009Howard v. Howard 2008-CA-001059 06/12/2009 2009 WL 1635137 DR Pending Opinion by Senior Judge Lambert; Judges Clayton and Thompson concurred. The Court affirmed an order of the trial court denying a motion to modify a prior child support order and holding appellant in contempt for failure to comply with a provision of a divorce decree requiring him to pay toward a deficiency judgment arising from the repossession of an automobile...
Family Law - modification of child support, writing: Holland v. Holland (COA 6/19/2009)
Posted on September 20, 2009Holland v. Holland 2008-CA-002115 06/19/2009 2009 WL 1705744 Opinion by Judge Nickell; Chief Judge Combs and Judge Taylor concurred. The Court affirmed an order of the circuit court denying appellant?s request to modify child support as of the date the matter was heard by the trial court, rather than the date on which the trial court?s order was entered...
Employment - Denial of benefits for misconduct, poor work performance: Holbrook v. Kentucky Unemployment Insurance Commission (COA 6/5/2009)
Posted on September 20, 2009Holbrook v. Kentucky Unemployment Insurance Commission 2007-CA-001738 06/05/2009 2009 WL 1562855 Released for publication Opinion by Judge Nickell; Chief Judge Combs concurred; Senior Judge Graves dissented by separate opinion. The Court affirmed an order of the circuit court affirming a decision of the Kentucky Unemployment Insurance Commission denying appellant?s request for benefits...
Employment - Hearing officer's authority: Fitzgerald v. McFall (COA 3/13/2009)
Posted on September 20, 2009Fitzgerald v. McFall 2007-CA-001403 03/13/2009 2009 WL 637127 Rehearing pending Opinion by Judge Dixon; Judge Nickell and Senior Judge Buckingham concurred. The Court affirmed a circuit court order vacating a hearing officer?s order dismissing charges against a teacher, prior to a determination by a tribunal...
Criminal - PFO, RCr 11.04, DVO: Lisle v. Commonwealth (COA 6/26/2009)
Posted on September 20, 2009Lisle v. Commonwealth 2007-CA-002240 06/26/2009 2009 WL 1811105 Opinion by Judge Wine; Chief Judge Combs and Senior Judge Buckingham concurred. The Court affirmed in part, and reversed and vacated in part, and remanded appellant?s conviction for fourth-degree assault, third offense; violation of a domestic violence order; and persistent felony offender in the first degree...
Criminal - sex offender registration: Hamilton-Smith v. Commonwealth (COA 4/03/2009)
Posted on September 20, 2009Hamilton-Smith v. Commonwealth 2007-CA-002110 04/03/2009 2009 WL 874780 Released for publication Opinion by Judge Clayton; Judges Acree and Keller concurred. The Court affirmed an order of the circuit court requiring appellant to register as a sex offender for a period of twenty years after he pled guilty to one count of possession of matter portraying a sexual performance by a minor, in violation of KRS 531...
Criminal Law - revocation of conditional discharge: Gamble v. Commonwealth (COA 6/5/2009)
Posted on September 20, 2009Gamble v. Commonwealth 2008-CA-000015 06/05/2009 2009 WL 1562881 Opinion by Senior Judge Buckingham; Chief Judge Combs and Judge Acree concurred. The Court affirmed an order of the circuit court revoking appellant?s conditional discharge of a five-year prison term for the criminal offense of flagrant nonsupport...
Civil Procedure - dismissal for failure to comply with discovery: Nolan v. Neely-Thoms (COA 6/5/2009)
Posted on September 20, 2009Nolan v. Neely-Thoms 2008-CA-001046 06/05/2009 2009 WL 1562959 Released for publication Opinion by Chief Judge Combs; Judge Thompson and Senior Judge Buckingham concurred. The Court affirmed an order of the circuit court dismissing with prejudice a personal injury action against appellee...
Civil Procedure - Attorneys fees, whistleblower: Harris v. Camp Taylor Fire Protection District (COA 6/12/2009)
Posted on September 20, 2009Harris v. Camp Taylor Fire Protection District 2008-CA-000460 06/12/2009 2009 WL 1634885 DR Pending Opinion by Judge VanMeter; Judge Nickell and Senior Judge Graves concurred. The Court affirmed an order of the circuit court finding that it lacked jurisdiction to award attorneys? fees in a whistleblower action under KRS 61...
Arbitration - Provision unconscionable: Valued Services of Kentucky, LLC v. Watkins (COA 6/19/2009)
Posted on September 20, 2009Valued Services of Kentucky, LLC v. Watkins 2008-CA-001204 06/19/2009 2009 WL 1705696 DR Pending Opinion by Senior Judge Buckingham; Judges Caperton and Stumbo concurred. The Court affirmed an order of the circuit court denying a motion to compel arbitration made by a check-cashing company and two of its employees on a false imprisonment action filed by appellee after an employee locked him in the business for over an hour when he told the employee he was unable to repay the loan on that day...
Arbitration Award, Finality and appealability: Medcom Contracting Services, Inc. v. Shepherdsville Christian Church Disciples of Christ, Inc. (COA 6/26/2009)
Posted on September 20, 2009Medcom Contracting Services, Inc. v. Shepherdsville Christian Church Disciples of Christ, Inc. 2006-CA-002536 06/26/2009 2009 WL 1811080 Opinion by Judge Taylor; Judges Caperton and Nickell concurred. The Court affirmed an order of the circuit court denying appellants? motions for summary judgment on counterclaims seeking confirmation of an arbitration award...
COA 2009 Minutes: September 11, 2009 (Nos. 923-951)
Posted on September 20, 2009COA 2009 Minutes: September 11, 2009 (Nos. 923-951) 39 decisions 6 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 923 FIELDS V. WOMACK OPINION AFFIRMING ** ** ** ** ** BEFORE: CLAYTON AND THOMPSON, JUDGES; LAMBERT,1 SENIOR JUDGE. LAMBERT, SENIOR JUDGE: The instant appeal presents three issues for our review...
COA 2009 Minutes: September 4, 2009 (Nos. 892-923)
Posted on September 13, 2009COA 2009 Minutes: September 4, 2009 (Nos. 892-923) 42 decisions 12 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 883 METRO LOUISVILLE/JEFFERSON COUNTY GOV'T V. ABMA OPINION AFFIRMING IN PART; VACATING IN PART; AND REMANDING ** ** ** ** ** BEFORE: ACREE AND NICKELL, JUDGES; KNOPF,2 SENIOR JUDGE...
Torts - Causes of action relating to reporting to police, immunity under KRS 620.030, bad faith: Morgan v. Bird (COA 5/29/2009)
Posted on September 09, 2009Morgan v. Bird 2007-CA-001630 05/29/2009 2009 WL 1491301 Opinion by Judge Lambert; Judges Moore and VanMeter concurred. The Court affirmed an order of the circuit court dismissing appellants? claims brought against a neighbor, a City, members of the city council and a police officer...
Torts - Causes of action, private schools (breach of contract, libel, slander, invasion of privacy): Bentley v. Trinity Christian Academy (COA 5/29/2009)
Posted on September 09, 2009Bentley v. Trinity Christian Academy 2008-CA-000574 05/29/2009 2009 WL 1491351 Opinion by Judge Dixon; Judge Moore and Senior Judge Knopf concurred. The Court affirmed an order of the circuit court granting summary judgment in favor of the appellee private school on appellant?s claims for denial of due process, breach of contract, libel and slander, and invasion of privacy related to the expulsion of a student from the school...
Property - public housing, drug-related breach, URLTA, and preemption: Housing Authority of Covington v. Turner (COA 5/29/2009)
Posted on September 09, 2009Housing Authority of Covington v. Turner 2007-CA-002562 05/29/2009 2009 WL 1491330 Opinion by Judge Thompson; Judge Keller concurred; Judge Moore concurred by separate opinion. On discretionary review, the Court affirmed an order of the circuit court affirming a holding of the district court that the doctrine of preemption did not preclude the application of a tenant?s right to remedy her drug-related breach of lease pursuant to KRS 383...
Employment - ADA, elected official, and accommodations: Kentucky Retirement Systems v. Martin (COA 5/22/2009)
Posted on September 09, 2009Kentucky Retirement Systems v. Martin 2007-CA-002522 05/22/2009 2009 WL 1423991 Opinion by Judge Caperton; Judge Keller and Senior Judge Guidugli concurred in result only. The Court affirmed an order of the circuit court, which reversed a decision by the Kentucky Retirement Systems denying benefits to a county clerk who as supervisor/employer granted to herself various accommodations to complete her term of office...
Employment - Retirement benefits calculation for legislator: Karem v. The Board of Trustees of the Judicial Form Retirement System (COA 5/15/2009)
Posted on September 09, 2009Karem v. The Board of Trustees of the Judicial Form Retirement System 2007-CA-002035 05/15/2009 2009 WL 1347497 Opinion by Judge Moore; Judge Dixon and Senior Judge Knopf concurred. The Court affirmed an opinion and order of the circuit court denying the appellant legislator?s request for a declaratory judgment that his retirement benefits should be calculated considering his salary while he was eligible to participate in the County Employees? Retirement System (CERS) and his salary while he participated in the Kentucky Legislators? Retirement Plan (LRP)...
Employment - no right of candidacy for political office, termination of clerk affirmed: Cook v. Popplewell (COA 5/15/2009)
Posted on September 09, 2009Cook v. Popplewell 2008-CA-001249 05/15/2009 2009 WL 1349145 Opinion by Senior Judge Buckingham; Judge Taylor concurred; Judge Stumbo concurred by separate opinion. The Court affirmed a summary judgment of the circuit court granted to the appellee county clerk and county on appellant?s claims she had been discharged from her employment as a deputy county clerk for seeking to run against the county clerk in an upcoming election in violation of 42 U...
Crimes - trial court erred in deny motion for judgment of acquital, intent to defraud etc.: Williams v. Commonwealth (COA 5/22/2009)
Posted on September 09, 2009Williams v. Commonwealth 2008-CA-000567 05/22/2009 2009 WL 1424040 Opinion by Chief Judge Combs; Judge Acree concurred; Senior Judge Buckingham concurred in part and dissented in part by separate opinion. The Court reversed appellant?s conviction and sentence entered subsequent to jury verdict finding him guilty of possession of a forged instrument...
Criminal - Multiple RCr 11.42 issues, ineffective assistance of counsel, specific grounds, calling witnesses: Harris v. Com. (COA 5/29/2009)
Posted on September 09, 2009Harris v. Commonwealth 2008-CA-001342 05/29/2009 2009 WL 1491399 Opinion by Judge Lambert; Judges Caperton and Keller concurred. The Court affirmed an order of the circuit court denying appellant?s motion filed pursuant to RCr 11.42. The Court first held that the issues of whether counsel was ineffective for failing to preserve for appellate review appellant?s claim for a speedy trial and whether appellant was denied his constitutional rights to a fair trial by an impartial jury were raised and rejected in his direct appeal and therefore, were not properly raised in the post-conviction proceeding...
Criminal law - statute void for vagueness re animal importation: Commonwealth v. Looper (COA 5/8/2009)
Posted on September 09, 2009Commonwealth v. Looper 2008-CA-000850 05/08/2009 2009 WL 1272625 Opinion by Chief Judge Combs; Judge Acree and Senior Judge Buckingham concurred. The Court affirmed an order of the circuit court declaring unconstitutional KRS 150.40, which made the importation of the animal family Cervidae into the Commonwealth a Class D felony...
Criminal - KRE 412 evidence re other victims subject to abuse by family member: Adkins v. Commonwealth (COA 5/22/2009)
Posted on September 09, 2009Adkins v. Commonwealth 2008-CA-000105 05/22/2009 2009 WL 1424007 Opinion by Judge Thompson; Judge Caperton and Senior Judge Graves concurred. The Court affirmed appellant?s conviction and sentence for second-degree unlawful imprisonment and three counts of first-degree sexual abuse...
Jurisdiction - Personal jurisdiction, long arm statute, and eBay contacts: Robey v. Hinners (COA 5/29/2009)
Posted on September 09, 2009Robey v. Hinners 2008-CA-000989 05/29/2009 2009 WL 1491387 Opinion by Senior Judge Buckingham; Judge Acree concurred; Chief Judge Combs dissented by separate opinion. The Court reversed and remanded an default judgment of the circuit court in favor of a non-resident seller of a vehicle on eBay to a Kentucky resident...
AOC: Supreme Court Clerk Susan Stokley Clary installed as president of National Conference of Appellate Court Clerks
Posted on September 08, 2009FRANKFORT, Ky. -- Susan Stokley Clary, clerk of the Supreme Court of Kentucky, was installed as president of the National Conference of Appellate Court Clerks at the organization?s annual meeting Aug. 6 in Sacramento, Calif. The NCACC focuses on continuing education for appellate court clerks and court administrators, providing them with information and training designed to help them improve the appellate court system...
COA 2009 Minutes: August 28, 2009 (Nos. 856-881)
Posted on September 07, 2009COA 2009 Minutes: August 28, 2009 (Nos. 856-881) 26 decisions 5 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 859 Howell v. Commonwealth REVERSING BEFORE: MOORE AND WINE, JUDGES; HENRY,1 SENIOR JUDGE. MOORE, JUDGE: Arvid Howell appeals the jury verdict and judgment of the Kenton Circuit Court convicting him for assault in the second degree...
COA Argument Calendar for September 2009
Posted on September 07, 2009Here is a shortened version of this month's COA Argument calendar. Click here for the entire PDF calendar with dates, times, locations, case numbers, lower court, appellate and trial judges, etc. Note if there is a name after the time, then that is the presiding judge on the case (the one who usually writes the opinions)...
SCOKY 2009 Minutes: August 27, 2009 (Nos. 174-207)
Posted on September 07, 2009No Minutes for July 2009 as SCOKY was in recess for month. August 27, 2009 Supreme Court Minutes Decisions 174-207 34 decisions with 18 published 12 published disciplinary cases Link to full text published decisions with opening paragraph from decision for idea of issues 174 Keith A...
Insurance - transfer of ownership, completion of VTR not required for individuals: Franklin v. Safe Auto Ins. Co. (COA 5/1/2009)
Posted on September 07, 2009Franklin v. Safe Auto Insurance Company 2008-CA-000615 05/01/2009 2009 WL 1160357 Opinion by Judge Wine; Judges Dixon and Keller concurred. The Court reversed and remanded a summary judgment in favor of an insurer, wherein the circuit court found that appellants were not the owners of a vehicle at the time it was involved in an accident...
Criminal - sex offeder registration: Hamilton-Smith v. Commonwealth (COA 4/3/2009)
Posted on September 07, 2009Hamilton-Smith v. Commonwealth 2007-CA-002110 04/03/2009 2009 WL 874780 Opinion by Judge Clayton; Judges Acree and Keller concurred. The Court affirmed an order of the circuit court requiring appellant to register as a sex offender for a period of twenty years after he pled guilty to one count of possession of matter portraying a sexual performance by a minor in violation of KRS 531...
Administrative Law - No evidence agency exceed statutory authority in EPA: Alliance for Kentucky's Future, Inc. v. Environmental and Public Protection Cabinet (COA 5/10/2009)
Posted on September 07, 2009Alliance for Kentucky's Future, Inc. v. Environmental and Public Protection Cabinet 2007-CA-001186 10/10/2008 Ordered PUBLISHED 5/10/2009 2008 WL 4531018 Opinion by Judge Clayton; Judge Stumbo and Senior Judge Graves concurred. The Court affirmed a decision of the circuit court upholding an administrative decision approving a Regional Facility Plan (RFP) for building a new waste water treatment plant...
Evidence - Expert testimony by doctor regarding nurse's standard of care permitted: Tapp v. Owensboro Medical Health System, Inc. (COA 4/10/2009)
Posted on September 07, 2009Tapp v. Owensboro Medical Health System, Inc. 2008-CA-000848 04/10/2009 2009 WL 960826 Opinion by Judge Acree; Judge Moore and Senior Judge Knopf concurred. The Court affirmed a judgment of the circuit court dismissing a negligence action against a doctor and hospital...
Government - Open records requests, personal privacy exemption for rape suspect's identity: Lexington H-L Services, Inc. v. Lexington-Fayette Urban County Government (COA 4/10/2009)
Posted on September 07, 2009Lexington H-L Services, Inc. v. Lexington-Fayette Urban County Government 2008-CA-000068 04/10/2009 2009 WL 960826 Opinion by Judge Taylor, Judge Lambert and Senior Judge Graves concurred. The Court affirmed a summary of the circuit court concluding that the personal privacy exemption of KRS 61...
Family Law - Jurisdiciton, residency requirements to adopt strictly applied: Conn v. Ingram (COA 4/24/2009)
Posted on September 07, 2009Conn v. Ingram 2007-CA-002255 04/24/2009 2009 WL 1097937 Opinion by Judge Nickell; Judges Caperton and Keller concurred. The Court affirmed an order of the circuit court dismissing appellant?s petition to adopt his adult daughter. The Court held that the trial court correctly found that appellant, a Missouri resident, failed to satisfy the residency requirement of KRS 199...
Employment - Written notice of a penalization to file appeal with Personnel Board: Commonwealth, Dept. of Revenue, Finance and Administration Cabinet v. McDonald (COA 4/10/2009)
Posted on September 07, 2009Commonwealth, Dept. of Revenue, Finance and Administration Cabinet v. McDonald 2007-CA-001626 04/10/2009 2009 WL 960765 Opinion by Judge Moore; Judges Clayton and Taylor concurred. The Court reversed an opinion and order of the circuit court concluding that appellees? requests for retroactive pay related to their job reclassifications were timely appealed...
Criminal - Sentence credit, probation revocation, civil/criminal contempt: Nicely v. Commonwealth (COA 4/24/2009)
Posted on September 07, 2009Nicely v. Commonwealth 2007-CA-002109 04/24/2009 2009 WL 1097905 Opinion by Judge Wine; Chief Judge Combs concurred; Senior Judge Buckingham concurred in result only by separate opinion. The Court reversed and remanded an order of the circuit court denying appellant?s CR 60...
Criminal - Competency to enter plea: Graves v. Commonwealth (COA 2/20/09 Ordered Published 4/3/2009)
Posted on September 07, 2009Graves v. Commonwealth 2008-CA-000901 02/20/2009 2009 WL 414589 Ord pub 04/03/2009 Opinion by Judge Nickell; Judge Dixon and Senior Judge Buckingham concurred. The Court affirmed an order of the circuit court denying a motion filed pursuant to CR 60.02(f) to set aside appellant?s conviction and sentence...
Criminal - Search and seizure, good faith exception, probable cause: Beckam v. Commonwealth (COA 4/24/2009)
Posted on September 07, 2009Beckam v. Commonwealth 2008-CA-000277 04/24/2009 2009 WL 1097985 Opinion by Judge VanMeter; Judge Lambert concurred; Senior Judge Knopf dissented by separate opinion. The Court affirmed a circuit court judgment sentencing appellant after a jury found him guilty of several drug-related offenses...
Corrections - fiscal court responsibility for medical expenses: Hospital of Louisa v. Johnson County Fiscal Court (COA 4/10/2009)
Posted on September 07, 2009Hospital of Louisa v. Johnson County Fiscal Court 2008-CA-001302 04/10/2009 2009 WL 961145 Opinion by Judge Caperton; Judge Thompson concurred; Judge Wine concurred by separate opinion. The Court affirmed a summary judgment of the circuit court on the appellant hospital?s claim for payment from the county fiscal court for medical treatment given to a prisoner who had been released from jail on bail with the condition that he receive medical treatment and report back to the jail immediately upon completion of treatment...
Business law (horse-breeding contract); KRE 406 habit or routine evidence: Curry v. Bennett (COA 4/24/2009)
Posted on September 07, 2009Curry v. Bennett 2007-CA-002315 04/24/2009 2009 WL 1097959 Opinion by Judge Wine; Judges Dixon and Keller concurred. The Court affirmed a judgment of the circuit court ordering appellant to specifically perform on a horse-breeding contract and awarding appellee damages for appellant?s breach of the contract...
Arbitration Clauses for claims against nursing home and authority: Beverly Health and Rehabilitation Services, Inc. v. Smith (COA 4/10/2009)
Posted on September 07, 2009Beverly Health and Rehabilitation Services, Inc. v. Smith 2008-CA-000604 04/10/2009 2009 WL 961056 Opinion by Judge Wine; Judges Dixon and Keller concurred. The Court affirmed an order of the circuit court denying a motion to compel arbitration on an estates? claim that treatment the deceased received in a nursing facility hastened his death...
COA 2009 Minutes: August 21, 2009 (Nos. 818-855)
Posted on August 22, 2009COA 2009 Minutes: August 21, 2009 (Nos. 818-855) 36 decisions 6 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 818 Lawson v. Com. CLAYTON, JUDGE: This is an appeal of the denial of a motion to alter, amend or vacate pursuant to Kentucky Rules of Criminal Procedure (RCr) 11...
COA 2009 Minutes: August 14, 2009 (Nos. 788-817)
Posted on August 16, 2009COA 2009 Minutes: August 14, 2009 (Nos. 788-817) 30 decisions 5 published 790 L.(N.) v. Commowealth LAMBERT, SENIOR JUDGE: N.L., a child under eighteen, appeals from an opinion and order of the Kenton Circuit Court that affirmed the Kenton District Court?s judgment that he was a juvenile sexual offender...
COA 2009 Minutes: August 7, 2009 (Nos. 760-787)
Posted on August 09, 2009COA 2009 Minutes: August 7, 2009 (Nos. 760-787) 28 decisions 6 published 760 - Price v. Garcia Police officer testimony pertaining to weather conditions permitted but not qualified to testify as expert as to area of impact - expert required. 762 - New Life Cleaners Parol evidence rule, mistake of law vs...
SCOKY ARGS for August 19 & 20, 2009
Posted on August 04, 2009Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. If the briefs have been filed at NKU at the time of this post, then they are linked here. If the briefs were not available on line, Click here and enter the Supreme Court, Month, and year to pull of the results for the briefs filed in the month you need to search...
WORKERS COMP - Coming and going rule used to disallow claim for pilot passenger killed in crash: Airtran Airways, Inc. v. Fortney ( COA 3/27/2009)
Posted on August 03, 2009Airtran Airways, Inc. v. Fortney 2008-CA-001223 03/27/2009 2009 WL 804216 Opinion by Judge Clayton; Judges Lambert and Wine concurred. The Court reversed an opinion of the Workers? Compensation Board reversing an ALJ decision that a widow was not entitled to workers? compensation benefits when her husband, a pilot, died in an airplane accident while taking a flight on ComAir to Atlanta to begin his workday for AirTran...
TORTS, CAUSES OF ACTION, DEFENSES - Sovereign immunity, county sheriff: Wasson v. Morris (COA 3/6/2009)
Posted on August 03, 2009Wasson v. Morris 2008-CA-000780 03/06/2009 2009 WL 563599 Opinion by Judge Stumbo; Judge Taylor and Senior Judge Graves concurred. The court affirmed an order of the circuit court granting summary judgment to the county sheriff on a Kentucky state trooper?s negligence claim for injuries he received in the line of duty while responding to a domestic disturbance call...
PROPERTY - release of mortgage lien, faxing: Riley v. Flagstar Bank, FSB (COA 3/27/2009)
Posted on August 03, 2009Riley v. Flagstar Bank, FSB 2008-CA-000174 03/27/2009 2009 WL 792716 Opinion by Judge Moore; Judges Clayton and Stumbo concurred. The Court reversed and remanded an order of the circuit court granting a directed verdict against appellants on their claims for penalties under KRS 382...
PROPERTY - Oil and gas leases, pipelines, attorney fees: Holly Creek Production Corp. v. Rose (COA 3/27/2009)
Posted on August 03, 2009Holly Creek Production Corp. v. Rose 2008-CA-000260 03/27/2009 2009 WL 792722 Opinion by Judge Clayton; Judges Moore and Stumbo concurred. The Court affirmed in part and reversed and remanded in part a judgment of the circuit court terminating an oil and gas lease...
FAMILY LAW - Juveniles, self-incrimination: C.W.C.S. v. Commonwealth (COA 3/20/2009)
Posted on August 03, 2009C.W.C.S. v. Commonwealth 2007-CA-002040 03/20/2009 2009 WL 722729 Opinion by Judge Lambert; Judge VanMeter and Senior Judge Knopf concurred. The Court affirmed a judgment of the circuit court affirming a judgment of the district court denying a motion to suppress appellant?s incriminatory statements and denying a motion to strike appellant?s juvenile sexual offender evaluation...
ZONING, ANNEXATION, AND CHALLENGES: City of Pikeville v. Pike County, Kentucky (COA 3/20/2009)
Posted on August 03, 2009City of Pikeville v. Pike County, Kentucky 2008-CA-001056 03/20/2009 2009 WL 723065 Opinion by Senior Judge Buckingham; Judges Dixon and Nickell concurred. The Court affirmed an order of the circuit court granting a motion to dismiss appellants? petition for declaration of rights and statutory action challenging a vote against the annexation of property belonging to appellees...
Sovereign Immunity - Revenue and taxation: St. Matthews Fire Protection District v. Aubrey (COA 3/27/2009)
Posted on August 03, 2009St. Matthews Fire Protection District v. Aubrey 2006-CA-000518 03/27/2009 2009 WL 792493 Opinion by Senior Judge Henry; Chief Judge Combs and Judge Moore concurred. The Court affirmed a summary judgment dismissing claims against various county tax collection officials arising from their failure to assess and collect a portion of tax revenue due to the St...
FAMILY LAW - Grandparent visitation: J.G. v. J.C. (COA 3/27/2009)
Posted on August 03, 2009J.G. v. J.C. 2008-CA-001023 03/27/2009 2009 WL 792763 Opinion by Judge Stumbo; Judge Taylor and Senior Judge Graves concurred. The Court reversed and remanded a judgment of the circuit court finding that the appellee grandparents were de facto custodians...
CRIMINAL - CR 60.02: Stoker v. Commonwealth (COA 3/27/2009)
Posted on August 03, 2009Stoker v. Commonwealth 2008-CA-000354 03/27/2009 2009 WL 792730 Opinion by Judge Caperton; Judges Dixon and VanMeter concurred. The Court affirmed an order of the circuit court denying appellant?s pro se CR 60.02 motion. The Court held that the trial court did not abuse its discretion when it first undertook analysis under CR 60...
AOC: Laurie K. Dudgeon named to head Kentucky Administrative Office of the Courts
Posted on August 02, 2009FRANKFORT, Ky., July 31, 2009 ? A Kentucky native with experience as a practicing attorney who has held positions with the Executive and Judicial branches of state government has been named to head the administrative arm of the state court system. Chief Justice of Kentucky John D...
KBA: Attorney John Meyers New Executive Director Ky Bar Association
Posted on August 02, 2009FRANKFORT ? Lexington attorney John D. Meyers is the new executive director of the Kentucky Bar Association, replacing Jim Deckard, who resigned to return to private practice in February. Meyers was selected after a four-month search. He has been the association?s interim executive director and director of its continuing legal education program...
COA 2009 Minutes: July 31, 2009 (Nos. 736-759)
Posted on August 02, 2009COA 2009 Minutes: July 31, 2009 (Nos. 736-759) 24 decisions 2 published 746 - Fedders v. Vogt Miller - expired domestic violation order (DVO) 747 - Delahanty v. Com - The controversy involves a verbal and written prohibition, promulgated by the appellant, that prohibits the county attorney and his assistants from making objections to defense counsel?s questions during preliminary hearings to establish probable cause to detain a defendant pending indictment...
CRIMINAL - juror strikes (victim of crime), evidence of recent fabrication: Allen v. Commonwealth (COA 3/6/2009)
Posted on August 02, 2009Allen v. Commonwealth 2007-CA-002079 03/06/2009 2009 WL 563526 Opinion by Judge Wine; Senior Judge Buckingham concurred; Chief Judge Combs dissented by separate opinion. The Court affirmed a judgment and sentence of the circuit court convicting appellant on eleven counts of first-degree sexual abuse and sentencing him to eleven years? imprisonment...
CORRECTIONS - educational good time credit, incentives, and GED: Richardson v. Rees (COA 3/27/2009)
Posted on August 02, 2009Richardson v. Rees 2008-CA-000721 03/27/2009 2009 WL 792748 Opinion by Judge Wine; Judges Caperton and Taylor concurred. The Court affirmed in part and reversed and remanded in part an order of the circuit court dismissing appellant?s petition seeking a declaratory judgment that certain statutory and constitutional rights had been violated when he was denied 60 days Educational Good Time Credit (EGT) and a monetary incentive award for earning his GED, as well seeking punitive damages, costs and attorney fees...
BUSINESS - LLC members duties to each other, corporate opportunity doctrine: Patmon v. Hobbs (COA 3/27/2009)
Posted on August 02, 2009Patmon v. Hobbs 2007-CA-002527 03/27/2009 2009 WL 792601 Opinion by Judge Clayton; Judge Caperton concurred; Chief Judge Combs concurred by separate opinion. The Court affirmed in part and reversed and remanded in part a judgment of the circuit court finding that damages could not be awarded for the value of build-to-suit-lease agreements...
ABRITRATION - Jurisdiction lost in contract action: Pavkovich v. Shenouda (COA 3/27/2009)
Posted on August 02, 2009Pavkovich v. Shenouda 2005-CA-000866 03/27/2009 2009 WL 792488 Opinion by Judge Acree; Chief Judge Combs and Judge Taylor concurred. The Court dismissed for lack of jurisdiction appellants? appeals from an order of the circuit court dismissing and referring to arbitration their breach of contract and fraudulent misrepresentation claims related to the purchase of real property and an order of the circuit court affirming an arbitrator?s decision that the demand for arbitration was not timely...
CIVIL PROCEDURE - Jury verdict modified in open court :Kaminski v. Bremner, Inc. (COA 3/27/2009)
Posted on August 02, 2009Kaminski v. Bremner, Inc. 2006-CA-002439 03/27/2009 2009 WL 792518 Opinion by Judge Nickell; Judges Moore and Stumbo concurred. The Court affirmed a judgment of the circuit court entered subsequent to jury verdict finding in favor of appellee on his claim that he was terminated for filing a workers? compensation claim and an order denying a motion for a new trial alleging juror misconduct and irregularities in the jury verdict...
SCOKY MONTHLY CASE SUMMARY REPORT: June 2009
Posted on August 02, 2009The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...
COA Argument Calendar for August 2009
Posted on August 02, 2009Here is a shortened version of the June COA Argument calendar. Click here for the entire PDF calendar with dates, times, locations, case numbers, lower court, appellate and trial judges, etc. Note if there is a name after the time, then that is the presiding judge on the case (the one who usually writes the opinions)...
COA 2009 Minutes: July 24, 2009 (Nos. 714-735)
Posted on July 26, 2009COA 2009 Minutes: July 24, 2009 (Nos. 714-735) 22 decisions 3 published (714-criminal, 730-residency requirement on superintendant, 735-workers comp) Some civil decisions noted involved 722 Branham v. Burger Torts: Motor vehicle negligence - duty of driver owed to others while making u-turn Evidence: Daubert motion 726 Glass v...
COA 2009 Minutes: July 17, 2009 (Nos. 696-713)
Posted on July 26, 2009COA 2009 Minutes: July 17, 2009 (Nos. 696-713) 18 decisions Four published Some civil decisions noted involved No. 696 Published - Daniels v. CDB Bell no right to jury trials in purely equitable remedy cases, piercing corporate veil in suit to reform contract No...
COA 2009 Minutes: July 10, 2009 (Nos. 6674-695)
Posted on July 26, 2009COA 2009 Minutes: July 10, 2009 (Nos. 6674-695) 22 decisions None published D'Angelo v. Mussler, 2008-CA-001003 ordered to be published
CIVIL PROCEDURE - Res judicata: Harrod v. Irvine (COA 1/16/2009)
Posted on July 16, 2009Harrod v. Irvine 2007-CA-002178 01/16/2009 2009 WL 103130 Opinion by Judge Stumbo; Judge Thompson concurred; Senior Judge Guidugli dissented by separate opinion. The Court reversed a summary judgment wherein the circuit court determined that the issues raised in appellant?s intervening complaint were previously resolved in a separate circuit court action...
Published Decisions - Will try and update and post them separately
Posted on July 05, 2009When we/I began relying solely upon the monthly published decision summaries of the appellate courts (SCOKY and COA), we not only quit digesting the published decisions but also quit posting them individually as posts. I believe I have figured out how to copy and paste the decisions from the summaries and link to the full text...
COA Argument Calendar for JULY 2009
Posted on July 05, 2009Here is a shortened version of the June COA Argument calendar. Click here for the entire PDF calendar. LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY DATE: Tuesday, July 7, 2009 01:00 PM 2008CA000634 2008CA000681 2008CA001209 JASON P...
ARGUMENT CALENDARS POSTED: July 2009 for COA and SCOKY (none)
Posted on July 05, 2009July 2009 Argument Calendars for Supreme Court - no oral arguments set for July Court of Appeals
COA 2009 Minutes: July 2, 2009 (Nos. 652-673)
Posted on July 05, 2009COA 2009 Minutes: July 2, 2009 (Nos. 652-673) 22 decisions 4 published
JUDICIAL VACANCIES: 2nd Circuit, 1st Division
Posted on June 28, 2009While perusing the AOC web site's JUDICIAL VACANCIES page, I noted that they still have posted those vacancies in which the deadline has passed but there is a new announcement hidden amongst the old. Plus, the links did not work on Sunday, June 28, 2009 @ 3:50 pm...
AOC NEWS: 2009 Pretrial Services Conference, Louisville, June 28-July 1
Posted on June 28, 20092009 Pretrial Services Conference, Louisville, June 28-July 1 The 2009 Pretrial Services Conference is open to participants from the Kentucky Court of Justice and from outside the state court system. Presenters include Chief Justice of Kentucky John D...
COA 2009 Minutes: June 26, 2009 (Nos. 625-651)
Posted on June 28, 2009COA 2009 Minutes: June 26, 2009 (Nos. 625-651) 27 decisions 2 published
COA 2009 Minutes: June 19, 2009 (Nos. 612-624)
Posted on June 28, 2009COA 2009 Minutes: June 19, 2009 (Nos. 612-624) 13 decisions 2 published
COA 2009 Minutes: June 12, 2009 (Nos. 586-611)
Posted on June 28, 2009COA 2009 Minutes: June 12, 2009 (Nos. 586-611) 26 decisions 2 published
COA 2009 Minutes: June 5, 2009 (Nos. 561-585)
Posted on June 28, 2009COA 2009 Minutes: June 5, 2009 (Nos. 561-585) 25 decisions 5 published
COA 2009 Minutes: May 29, 2009 (Nos. 540-560)
Posted on June 28, 2009COA 2009 Minutes: May 29, 2009 (Nos. 540-560) 21 decisions 5 published
COA 2009 Minutes: May 22, 2009 (Nos. 501-539)
Posted on June 28, 2009COA 2009 Minutes: May 22, 2009 (Nos. 501-539) 39 decisions 3 published
May 2009 COA Case Summary Report (Published Decisions)
Posted on June 28, 2009The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...
SCOKY 2009 Minutes: June 25, 2009 (Nos. 138-173)
Posted on June 26, 2009May 2009 Supreme Court Minutes Decisions 138-173 19 published 1 published disciplinary case
COA 2009 Minutes: May 15, 2009 (Nos. 474-502)
Posted on June 22, 2009May 15, 2009 Court of Appeals Minutes with links to full text of each decision
COA 2009 Minutes: May 8, 2009 (Nos. 456-473)
Posted on June 22, 2009May 8, 2009 Court of Appeals Minutes with links to full text of each decision
COA 2009 Minutes: May 1, 2009 (Nos. 415-436)
Posted on June 22, 2009May 1, 2009 Court of Appeals Minutes with links to full text of each decision
SCOKY 2009 Minutes: May 21, 2009 (Nos. 109-137)
Posted on June 22, 2009May 2009 Supreme Court Minutes Decisions 109-137 14 published 6 published disciplinary cases 8 Motions for Discretionary Review grants
SCOKY COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW ? MAY 21, 2009
Posted on June 22, 2009LOUISVILLE METRO HEALTH DEPARTMENT V. HIGHVIEW MANOR ASSOCIATION, LLC; 2008-SC-000599-DG JEFFERSON CROMWELL LOUISVILLE ASSOCIATES, LIMITED PARTNERSHIP V. COMMONWEALTH OF KENTUCKY 2008-SC-000644-DG JEFFERSON JEFFERSON COUNTY PROPERTY VALUATION ADMINISTRATOR STEVEN LICHTENSTEIN V...
SCOKY MONTHLY CASE SUMMARY REPORT: May 2009
Posted on June 18, 2009The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...
SCOKY MONTHLY CASE SUMMARY REPORT: April 2009
Posted on June 18, 2009The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...
COA Argument Calendar for JUNE 2009
Posted on June 18, 2009Here is a shortened version of the June COA Argument calendar. Click here for the entire PDF calendar. LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE, DATE: Monday, June 15, 2009 2008CA000518 11:00 ANTHONY THOMAS GRIMES v COMMONWEALTH OF KENTUCKY Grimes appeals from the circuit court?s denial of RCr 11...
SCOKY ARGS for June 17-18, 2009 - Time, dates, cases, issues and links to full text of lower decision and briefs (filed at Chase Law School)
Posted on June 16, 2009Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument. The issues, dates, times, lower court/judge, counsel, AND links to full text ofbriefs and COA decision are below! WEDNESDAY, JUNE 17, 2009 9:00 a...
ARGUMENT CALENDARS POSTED: June 2009 for COA and SCOKY
Posted on June 16, 2009June 2009 Argument Calendars for Supreme Court Court of Appeals
JUDICIAL VACANCIES: Nominations/questionnaires DUE JUNE 12, 2009
Posted on June 07, 2009These announcements of judicial vacancies and seeking of nominations almost slipped by me! Check each notice for deadline; I have tried to post them the best I can. Some are past due. The link at the site to go and see when the upcoming vacancies are posted is at the AOC - CLICK HERE...
ARGUMENT CALENDARS POSTED: May 2009 for COA and SCOKY
Posted on May 01, 2009These are old, but I am posting just to play catchup. Sorry for the lapse. Supreme Court - May COA - May
COA MONTHLY CASE SUMMARY REPORT: April 2009
Posted on May 01, 2009The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...
COA Argument Calendar for MAY 2009
Posted on May 01, 2009Playing a little catch up. Here is the link to the MAY 2009 Court of Appeals argument calendar.
COA 2009 Minutes: Apr. 24, 2009 (Nos. 415-436)
Posted on April 29, 2009April 24, 2009 Court of Appeals Minutes with links to full text of each decision
SCOKY 2009 Minutes: Apr. 23, 2009 (Nos. 79-108)
Posted on April 28, 2009April 2009 Supreme Court Minutes Decisions 79-108 9 published 5 published disciplinary cases 12 Motions for Discretionary Review grants
News: Chief Justice Racial Fairness Commission Meeting on 4/21/2009
Posted on April 20, 2009When: Tuesday, April 21, 2009 @ 4:00 PM Location: Crown Room of the Jefferson County Judicial Center, 700 W. Jefferson St., Louisville Description: The public is invited to attend a meeting of the Chief Justice Racial Fairness Commission April 21, at 4 p...
COA 2009 Minutes: Apr. 17, 2009 (Nos. 393-414)
Posted on April 17, 2009April 17, 2009 Court of Appeals Minutes with links to full text of each decision
SCOKY ARGS for April 15-16, 2009 - Time, dates, cases, issues and links to full text of lower decision and briefs (filed at Chase Law School)
Posted on April 16, 2009Sorry for the tardiness!!! Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument. The issues, dates, times, lower court/judge, counsel, AND links to full text ofbriefs and COA decision are below! WEDNESDAY, APRIL 15, 2009 9:00 a...
SCOKY MONTHLY CASE SUMMARY REPORT: April 2009
Posted on April 14, 2009The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...
COA MONTHLY CASE SUMMARY REPORT: March 2009
Posted on April 14, 2009The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...
COA 2009 Minutes: Apr. 10, 2009 (Nos. 361-392)
Posted on April 11, 2009April 10, 2009 Court of Appeals Minutes with links to full text of each decision
COA 2009 Minutes: Apr. 3, 2009 (Nos. 326-360)
Posted on April 03, 2009April 3, 2009 Court of Appeals Minutes with links to full text of each decision
SCOKY MONTHLY CASE SUMMARY REPORT: February 2009
Posted on April 01, 2009The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...
COA MONTHLY CASE SUMMARY REPORT: February 2009
Posted on March 31, 2009The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...
CIVIL RULE CHANGES: CR 7.03, CR 45, and CR 73.02
Posted on March 29, 2009Recent changes to the Kentucky Rules of Civil Procedure are to take effect on April 1, 2009. Thanks to David Kramer, here is a short summary of the changes and a link to SCOKY Orders. Attached is an Order of the Kentucky Supreme Court amending the Kentucky Rules of Civil Procedure effective 4/1/09...
SCOKY: COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW ? MARCH 11, 2009
Posted on March 29, 2009COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW ? MARCH 11, 2009 CODY HEER V. CORA FRASER, ET AL. 2008-SC-000280-DG METCALFE 2006CA001489 ACREE, JUDGE: Cody C. Heer appeals from orders of the Metcalfe Circuit Court entered in two separate but related actions...
News: Kentucky High School Mock Trial Tournament Held in Louisville 3/27 through 3/29, 2009 - If you have any news or pics to share, please do!
Posted on March 29, 2009I missed this announcement. Should anyone have any news or pictures to share, then please email me - kylawblog (at) yahoo.com. Twenty-six teams of high school students from across the commonwealth will compete in the Kentucky High School Mock Trial Tournament...
ARGUMENT CALENDARS POSTED: April 2009 for COA and SCOKY
Posted on March 29, 2009* Supreme Court April * Court of Appeals April
COA 2009 Minutes: Mar. 27, 2009 (Nos. 284-325)
Posted on March 29, 2009March 27, 2009 Court of Appeals Minutes with links to full text of each decision
COA 2009 Minutes: Mar. 20, 2009 (Nos. 264-283)
Posted on March 29, 2009March 20, 2009 Court of Appeals Minutes with links to full text of each decision
SCOKY 2009 Minutes: Mar. 19, 2009 (Nos. 55-78)
Posted on March 19, 2009March 2009 Supreme Court Minutes Decisions 55-78 10 published 7 published disciplinary cases 10 Motions for Discretionary Review grants
COA 2009 Minutes: Mar. 13, 2009 (Nos. 248-263)
Posted on March 15, 2009March 13, 2009 Court of Appeals Minutes with links to full text of each decision
SCOKY Discretionary Review Motions Granted on Feb. 2009
Posted on March 15, 2009In February 2009, the SC granted 13 motions for discretionary review while denying 39 motions. Click here for Minutes. SCOKY also DEPUBLISHED the following COA decisions: Leonard Michael Jamieson et alo v. Eagle Road & Gun Club Ashley Edmunds v. Ronald Fetchko Jeffrey Charles Morris v...
COA 2009 Minutes: Mar. 6, 2009 (Nos. 233-247)
Posted on March 08, 2009March 6, 2009 Court of Appeals Minutes with links to full text of each decision
Louisville/Annexation: Jefferson County Metro Government v. City of Prospect, Ky. (SC 1/22/2009)
Posted on February 22, 20092006-SC-000903-DG 1/22/2009Opinion by Justice Schroder. All sitting; all concur. Louisville initiated annexation proceedings over the property at issue in 1984.However, the annexation process was never completed. In 2002,Prospect-- a city of the fourth class-- purported to annex the property...
BLOG UPDATE: Digests of published decisions
Posted on February 22, 2009Effective immediately and unless otherwise noted, all summaries and digests of published decisions of the Supreme Court of Kentucky and the Court of Appeals of Kentucky will be from the published summaries found at the AOC web site. If these are individual digested or contain editorial remarks, such will be noted.
Administrative Law, Denial of disablity retirement benefits, computing deadline for appeal: David Wilkins v. Kentucky Retirement Systems Board of Trustees (SC 1/22/2009)
Posted on February 22, 20092007-SC-000950-DG 1/22/2009 Opinion by Justice Schroder. All sitting; all concur. Pursuant to KRS 13B.140, Wilkins had 30 days to appeal the Franklin Circuit Court?s denial of disability retirement benefits. The 30th day fell on a Sunday and the following day was Columbus Day?however, Kentucky courts were open that day...
SCOKY 2009 Minutes: Feb. 19, 2009 (Nos. 30-54)
Posted on February 22, 2009Jan 2009 Supreme Court Minutes Decisions 30-54 16 published (1-16) 4 published disciplinary cases 13 Motions for Discretionary Review grants (eg., Cincinnati Ins. Co. v. Motorists Mutual Ins. Co.; Auto Owners Ins. Co. v. Omni Indemnity Co.; CSG v. John X...
COA 2009 Minutes: Feb. 20, 2009 (Nos. 162-200)
Posted on February 22, 2009Feb. 20, 2009 Court of Appeals Minutes with links to full text of each decision Numbered 162-200 (39 cases) 3 PUBLISHED
COA 2009 Minutes: Feb. 13, 2009 (Nos. 134-161)
Posted on February 18, 2009Feb. 13, 2009 Court of Appeals Minutes with links to full text of each decision Numbered 134-161 (27 cases) 10 PUBLISHED
COA MONTHLY CASE SUMMARY REPORT: January 2009
Posted on February 17, 2009The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...
COA Minutes 2009: Feb. 6, 2009 Numbered 88-133
Posted on February 17, 2009Feb. 6, 2009 Court of Appeals Minutes with links to full text of each decision Numbered 88-133 (46 cases) 6 PUBLISHED
COA MINUTES 2009: No decisions for Jan. 30, 2009
Posted on February 13, 2009KENTUCKY COURT OF APPEALS OPINIONS FOR JANUARY 30, 2009.DUE TO INCLEMENT WEATHER, NO OPINIONS WERE RENDERED FOR THE WEEK OF JANUARY 30, 2009 IN THE KENTUCKY COURT OF APPEALS.
SCOKY MONTHLY CASE SUMMARY REPORT: January 2009
Posted on February 12, 2009The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...
SCOKY ARGS for Feb. 11-13, 2009 - Time, dates, cases, issues and links to full text of lower decision and briefs (filed at Chase Law School)
Posted on February 03, 2009New Page 2 Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument. The dates, times, briefs, and COA decision links are below! Again, if the litigants would like to request from the AOC at the time of their arguments copies of the videos and send to us, we will stream them! WEDNESDAY, FEBRUARY 11, 2009 9:00 a...
COA Argument Calendar for Feb. 2009 - Dates, times, locations, case names, issues, panel, and lower court/county referenced
Posted on January 31, 2009LOCATION LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY DATE: Tuesday, February 03, 2009 9:00 AM BUCKINGHAM DIXON NICKELL CIVIL 2008CA001056 CITY OF PIKEVILLE ET AL. VS PIKE COUNTY, KY. ET AL. Election contest/alleged voting irregularities/annexation...
ARGUMENT CALENDARS POSTED: For February 2009 for SCOKY and COAKY
Posted on January 30, 2009Here are the links to the February 2009 argument calendars at the AOC: Court of Appeals Supreme Court
Arbitration: Kentucky River Community Care, Inc. v. Creeda Stallard (COA 12/19/2008)
Posted on January 28, 2009Kentucky River Community Care, Inc. v. Creeda Stallard Abritration: Model Mediation Rules 2007-CA-002013 PUBLISHED: VACATING AND REMANDING PANEL: COMBS PRESIDING; KELLER, HENRY CONCUR BREATHITT (HONORABLE SAMUEL T. WRIGHT, III, JUDGE) DATE RENDERED: 12/19/2008 The Court vacated and remanded an order of the circuit court imposing a fine upon appellant of $40,500 plus the costs of mediation and attorney fees for its failure to file a certification of authority that its insurer?s representatives at mediation had the full authority to settle...
Juveniles, separate adjudication and disposition hearings -- F.(K.K.) v. Com. of Kentucky (COA 12/19/2008)
Posted on January 28, 2009F.(K.K.) v. Com. of Kentucky Family Law: Juveniles, separate adjudication and disposition hearings 2008-CA-000478 PUBLISHED: VACATING AND REMANDING PANEL: STUJBO PRESIDING; THOMPSON, GUIDUGLI CONCUR APPEAL FROM FAYETTE CIRCUIT COURT HONORABLE TIMOTHY NEIL PHILPOT, JUDGE DATE RENDERED: 12/19/2008 The Court vacated and remanded an order committing a juvenile to the Cabinet for Families and Children after she was found in contempt for not following the orders of the court entered after she was adjudicated a status offender for being ?beyond control of parent...
Open records statute: Shyamashree Sinha M.D. v. University of Kentucky (COA 12/19/20089)
Posted on January 28, 2009Shyamashree Sinha M.D. v. University of Kentucky Government: Open Records Statute 2008-CA-000311 PUBLISHED: VACATING AND REMANDING PANEL: STUMBO PRESIDING; THOMPSON, GUIDUGLI CONCUR APPEAL FROM FAYETTE CIRCUIT COURT, HONORABLE KIMBERLY N. BUNNELL, JUDGE DATE RENDERED: 12/19/2008 The Court affirmed an order of the trial court denying attorney fees, costs and a per diem sum to appellant pursuant to KRS 61...
Criminal: Sexual conduct with child -- Everett Jenkins v. Com. of Kentucky (COA 12/19/2008)
Posted on January 28, 2009Everett Jenkins v. Com. of Kentucky Criminal: Sexual conduct with child 2007-CA-001268 PUBLISHED: REVERSING AND REMANDING PANEL: STUMBO PRESIDING; LAMBERT, THOMPSON CONCUR JEFFERSON (JUDGE MCCAY CHAUVIN) DATE RENDERED: 12/19/2008 Opinion by Judge Stumbo; Judges Lambert and Thompson concurred...
Attorneys: James Gregory Troutman v. KBA (SC 12/18/2008)
Posted on January 28, 2009James Gregory Troutman v. KBA Suspended for two years 2008-SC-000833-KB.pdf Date Rendered: 12/18/2008 All sitting; all concur. Attorney entered Alford plea to charges of wanton endangerment, criminal mischief and criminal littering as part of a pretrial diversion agreement...
Attorneys: KBA v. Dana Lea B. Quesinberry (SC 12/18/2008)
Posted on January 28, 2009KBA v. Dana Lea B. Quesinberry Suspended for one year2008-SC-000769-KB.pdf Date Rendered: 12/18/2008 All sitting; all concur. The Court granted the KBA?s motion to suspend attorney?s license for one year. The charge arose from the attorney?s failure to file the required brief with the Court of Appeals and failing to respond to subsequent notices from the COA...
Attorneys: KBA v. Jennifer Sue Whitlock (SC 12/18/2008)
Posted on January 28, 2009KBA v. Jennifer Sue Whitlock Suspended 30 days 2008-SC-000743-KB.pdf Date Rendered: 12/18/2008 All sitting; all concur. A client retained the attorney to file a bankruptcy petition. The petition was never filed and the client subsequently learned the attorney no longer worked at the law firm...
Attorneys: KBA v. Eric Lamar Emerson (SC 12/18/2008)
Posted on January 28, 2009KBA v. Eric Lamar Emerson Suspended for 61 days 2008-SC-000732-KB.pdf Date Rendered: 12/18/2008 All sitting; all concur. The Court adopted the KBA Board of Governors? recommendation to suspend attorney from the practice of law for 61 days. Attorney failed to file a motion for shock probation despite accepting a fee to do so...
Workers Comp: University evaluation ordered after claim submitted -- T.J. Maxx v. Christine L. Blagg (SC 12/18/2008)
Posted on January 28, 2009T.J. Maxx v. Christine L. Blagg Workers Comp: University evaluation ordered after claim submitted Questions Presented: KRS 342.315. Whether the ALJ erred by ordering a university evaluation after a claim had been submitted for a decision. 2007-SC-000939-WC...
Criminal: Miranda Warnings, self-incrimination -- Kareem Ali Henry v. Com. of Kentucky (SC 12/18/2008)
Posted on January 28, 2009Kareem Ali Henry v. Com. of Kentucky Criminal: Miranda Warnings, self-incrimination Questions Presented: Criminal Law. Miranda Warnings. Vehicle Search. Double Jeopardy. On appeal of criminal conviction pursuant to conditional guilty plea, issues relate to the "public safety" exception to mandated Miranda warnings, the warrantless search of automobile incident to recent occupant's arrest, and whether claim of double jeopardy is waived upon entry of guilty plea...
Workers Comp: Cessation of employment and post-injury employment -- Sandra Toy v. Coca Cola Enterprises (SC 12/18/2008)
Posted on January 28, 2009Sandra Toy v. Coca Cola Enterprises Workers Comp: Cessation of employment and post-injury employment Questions Presented: KRS 342.730(1)(c)2. Whether the phrase "during any period of cessation of that employment" refers to the employment to which the worker returned after the injury, the employment in which the injury occurred, or any post-injury employment...
Workers Comp: Notice of injury -- Trico County Development & Pipeline v. Scotty Smith (SC 12/18/2008)
Posted on January 28, 2009Trico County Development & Pipeline v. Scotty Smith Workers Comp: Notice of injury Questions Presented: KRS 342.185(1). Whether notice to an employer's insurance carrier constitutes notice to the employer. 2007-SC-000556-WC.pdf AFFIRMING OPINION OF THE COURT Court of Appeals; ALJ Grant S...
Criminal: Crimes - Wanton Murder, Failure to strike juror, Judicial Notice -- Ondra Leon Clay v. Com. of Kentucky (SC 12/18/2008)
Posted on January 28, 2009Ondra Leon Clay v. Com. of Kentucky (261) Criminal: Crimes - Wanton Murder, Failure to strike juror, Judicial Notice Questions Presented: Wanton Murder and First Degree Sodomy. Life Without Parole for Twenty-Five Years. Batson Challenge. Failure to strike Juror for Cause...
Criminal: Judicial Notice, Learned treatise exception -- Stanley Stokes v. Com. of Kentucky (SC 12/18/2008)
Posted on January 28, 2009Stanley Stokes v. Com. of Kentucky (260) Criminal: Judicial Notice, Learned treatise exception Questions Presented: Trial court did not abuse its discretion by taking ?judicial notice? of a medical dictionary as a ?learned treatise? and in taking judicial notice of a definition contained therein, where the accuracy of the definition was readily ascertainable...
Criminal: Juvenile Offender -- Timothy Taylor v. Com. of Kentucky (SC 12/18/2008)
Posted on January 28, 2009Timothy Taylor v. Com. of Kentucky (259) Criminal: Juvenile Offender Questions Presented: Juvenile offender ? Murder ? 25 year sentence. 2006-SC-000863-MR.pdf AFFIRMING; PUBLISHED OPINION by Abramson Jefferson - Judge Montano Date Rendered: 12/18/2008 Opinion by Justice Abramson...
Criminal Law, Double jeopardy: Matthew Derry v. Com. of Kentucky (SC 12/18/2008)
Posted on January 28, 2009Matthew Derry v. Com. of Kentucky (258) Criminal: Double Jeopardy Questions Presented: Criminal Law. Double Jeopardy. Issues include whether, after the Commonwealth had completed questioning of three witnesses at a jury trial but the case then was dismissed because the alleged offenses occurred in another county, reprosecution for the same occur in the second county...
SCOKY MONTHLY CASE SUMMARY REPORT: December 2008
Posted on January 26, 2009The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...
SC Discretionary Review Grants for Jan. 14, 2009
Posted on January 26, 2009COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW ? JANUARY 14, 2009 (links are to lower court decision if available Plus Opening paragraph) CSX TRANSPORTATION, INC. V. TROY MOODY 2007-SC-000548-DG JEFFERSON 2005CA001494 THOMPSON, JUDGE: This is an appeal from a judgment following a jury verdict finding CSX Transportation liable under the Federal Employer's Liability Act, 45 U...
Minutes COA - Jan. 23, 2009 (2009:04)
Posted on January 26, 2009Jan. 23, 2009 Court of Appeals Minutes with links to full text of each decision Numbered 65-87 (23 cases) 3 PUBLISHED - 66, 80, 86 Civil cases - 66, 71, 83 Workers Comp - 85
Minutes SCOKY -- Jan 22, 2009 (2009:03)
Posted on January 26, 2009Jan 2009 Supreme Court Minutes Decisions 1-29 16 published (1-16) 3 published disciplinary cases 7 MDR grants
Minutes COA - Jan. 16, 2009 (2009:02)
Posted on January 26, 2009Jan 16, 2009 COA Minutes with links to all rendered decisions 21-64 (44 decisions) 6 published (33, 35, 40, 52, 55, 62) Civil cases - 21, 38, 44, 46, 51, 52 Workers comp - 48, 63, 64
Minutes COA - Jan. 9, 2009 (2009:01)
Posted on January 26, 2009COA Minutes for Jan. 9, 2009 2009:01 1-20 2 and 6 published
SC VIDEO: EMBERTON V. GMRI, INC., F/K/A/ GENERAL MILLS RESTAURANTS, INC., D/B/A RED LOBSTER RESTAURANT #349 -- Jan. 16, 2009
Posted on January 25, 200910:00 a.m. EMBERTON V. GMRI, INC., F/K/A/ GENERAL MILLS RESTAURANTS, INC., D/B/A RED LOBSTER RESTAURANT #349, ET AL. (2007-SC-443-DG) AND (CROSS-MOTION) GMRI, INC., F/K/A/ GENERAL MILLS RESTAURANTS, INC., D/B/A RED LOBSTER RESTAURANT #349, ET AL. V. EMBERTON (2008-SC-109-DG) Jan...
VIDEO: HUNT V. COMMONWEALTH OF KENTUCKY (2006-SC-634-MR) -- Jan. 15, 2009
Posted on January 25, 2009HUNT V. COMMONWEALTH OF KENTUCKY (2006-SC-634-MR) January 15, 2009 "Death Penalty-Murder, Burglary in the First Degree and Wanton Endangerment in the First Degree." Floyd Circuit Court, Judge John David Caudill For Movant: Randall L. Wheeler, Shelly R...
SC VIDEOS: COMMONWEALTH OF KENTUCKY V. NICHOLS (2007-SC-493-DG) -- Jan. 16, 2009
Posted on January 25, 2009COMMONWEALTH OF KENTUCKY V. NICHOLS (2007-SC-493-DG) Jan. 16, 2008 at 11:00 am "Criminal Law. Expert Testimony. Reciprocal Discovery Rule (RCr 7.24). Issue is whether prosecution is entitled to information about defense expert, including identity and summary of proposed testimony, when expert has generated no written report...
VIDEO: LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT V. TDC GROUP, LLC, D/B/A MOLLY MALONE'S, ET AL. (2007-SC-315-DG) AND (CROSS-MOTION) TDC GROUP, LLC, D/B/A MOLLY MALONE'S V. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (2007-SC-581-DG) - Jan 16, 2009
Posted on January 22, 2009FRIDAY, JANUARY 16, 2009 9:00 a.m. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT V. TDC GROUP, LLC, D/B/A MOLLY MALONE'S, ET AL. (2007-SC-315-DG) AND (CROSS-MOTION) TDC GROUP, LLC, D/B/A MOLLY MALONE'S V. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, ET AL...
VIDEO: COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS V. JOHNSON, ET AL. (2007-SC-678-DG) -- Jan. 15, 2009
Posted on January 21, 2009COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS V. JOHNSON, ET AL. (2007-SC-678-DG)Jan. 15, 2009 "Board of Claims. Highway Maintenance. Negligence. Issues include whether Department of Highways was entitled to judgment on grounds that it did not owe or did not breach duty of care with respect to roadside tree that motorist crashed into...
COA: Lou/Jefferson Metro Gov't v. FOP -- Trial judge abused discretion in enjoining city's collection of mileage for personal usage of police vehicles
Posted on January 20, 2009Jefferson County Judge Mitch Perry's temporary restraining order against the city of Louisville prohibiting the city from charging police officers for off-duty usage of police vehicles was reversed with the Court of Appeals finding he abused his discretion...
COA: Interactive Media and Entertainment and Gaming Ass'n v. Judge Wingate -- Trial Court Prohibited from Seizing internet "gambling" domains
Posted on January 20, 2009The Court of Appeals ruled as follows today in the internet gambling domain case prohibiting the circuit court from seizing the gambling domain names:These consolidated petitions for a writ of prohibition stem from orders of the Franklin Circuit Court seizing 141 Internet domain names identified in a civil complaint filed by the Justice and Public Safety Cabinet of the Commonwealth of Kentucky...
VIDEO: MILLER, ET AL. V. HUTSON (2007-SC-317-DG) - Jan. 14, 2009
Posted on January 18, 2009WEDNESDAY, JANUARY 14, 2009 9:00 a.m. MILLER, ET AL. V. HUTSON (2007-SC-317-DG) - VIDEO OF ARGUMENT in Apple QuickTime(tm) "Real Property. Caveat Emptor. Summary Judgment. Issues include whether developer-seller, who contracted with another for construction of residence for sale, may be liable to purchaser for construction defects...
VIDEO: BRAVO DEVELOPMENT, INC. V. SINGLETON (2007-SC-769-DG) - Jan. 14, 2009
Posted on January 18, 2009Wednesday, 11:00 a.m., Jan. 14, 2009 BRAVO DEVELOPMENT, INC. V. SINGLETON (2007-SC-769-DG) Click HERE for Streaming Quicktime (tm) Video. "Unlawful Labor Practices. Election of Remedies. Issues include whether pursuit of unpaid wages through the Department of Labor precludes invocation of the court's original jurisdiction to pursue liquidated damages in court pursuant to KRS 337 ...
VIDEO: BREATHITT COUNTY BOARD OF EDUCATION V. PRATER (2008-SC-41-DG) - JAN. 14, 2009
Posted on January 18, 2009BREATHITT COUNTY BOARD OF EDUCATION V. PRATER (2008-SC-41-DG)Wed. Jan. 14, 2009 @ 10:00 am Click HERE for Quicktime (tm) streaming video. "Interlocutory Appeals. Sovereign Immunity. Issues include whether interlocutory order denying claim of immunity is immediately appealable and, if so, whether school's provision of a residence on school property to house night watchman is a governmental function...
BLOG UPDATE -- SCOKY December 2008 summaries not yet posted at AOC
Posted on January 17, 2009I have been asked when will we post the summaries of the published decisions of the Supreme Court of Kentucky for Dec. 2008?Answer: When they are posted on line, then we will post them.The COA has already posted their monthly summaries of published decisions for Dec...
STREAMING VIDEO OF SCOKY ARGS: Partial listing of those for Dec. 2008 - DirectTV v. Treesh; Com. v. Stone; and Methodist Hosp. v. Gilliam - Send us the videos of your args and we will convert to streaming and post!
Posted on January 17, 2009We were able to obtain copies of some recent Supreme Court arguments. You will need Quicktime to view them. Let us know if you like this service. We can only convert those we receive. So if you have a case on disk or videotape, let us know. We can then convert it to streaming video on the web, and you can then link to your own argument from your own web site...
2009 Changes in Kentucky Court Report Format
Posted on January 12, 2009The following changes will become effective with decisions announced in 2009 from the Kentucky Supreme Court and the Court of Appeals: The monthly summaries of published decisions from the SC and the COA will now be posted. The published decisions of the COA will not be published/posted separately as before...
Minutes for Kentucky Court of Appeals for Dec. 31, 2008 (COA 2008:63)
Posted on January 12, 2009Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 24 rendered decisions - Numbered 1399-1423 with 4 published decisions
SCOKY ARGS for January 2009 - Time, dates, cases, issues and links to full text of lower decision and briefs (filed at Chase Law School)
Posted on January 11, 2009Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument. The issues, dates, times, lower court/judge, counsel, AND links to full text of briefs and COA decision are below! WEDNESDAY, JANUARY 14, 2009 9:00 a...
COA MONTHLY CASE SUMMARY REPORT: December 2008
Posted on January 09, 2009The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...
ARGS: COA To Hear Oral Arguments at Stanton on Jan 14, 2008; Public invited
Posted on January 06, 2009Kentucky Court of Appeals to hear oral arguments in two cases Jan. 14 in StantonFRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in a civil case and a worker?s compensation case Wednesday, Jan. 14, at the Powell County Courthouse in Stanton...
SCOKY ARGS: January 2009 SCOKY Oral Argument Calendar
Posted on January 06, 2009Click here for January 2009 Supreme Court Oral Argument Calendar
COA ARGS: January 2009 COA Argument Calendar
Posted on January 06, 2009Click HERE for January 2009 Court of Appeals Argument Calendar
CRIMINAL: Separate hearing for sentencing required upon removal from pretrial diversion -- Glen Alan Peeler v. Com. of Kentucky (COA 12/12/2008)
Posted on January 05, 2009Glen Alan Peeler v. Com. of Kentucky CRIMINAL: Separate hearing for sentencing required upon removal from pretrial diversion 2007-CA-001483 PUBLISHED: VACATING AND REMANDING PANEL: LAMBERT PRESIDING; KELLER, WINE CONCUR HARDIN COUNTY DATE RENDERED: 12/12/2008 LAMBERT, SENIOR JUDGE: The issue presented for review is whether it was reversible error for Glenn Peeler to be sentenced to prison following his removal from the Hardin Circuit Court pretrial diversion program without a separate sentencing hearing and a new pre-sentence investigation report...
ARGUMENT CALENDARS POSTED: January 2009 for COA and SCOKY
Posted on January 01, 2009Here are the links to the January 2009 argument calendars at the AOC: Court of Appeals Supreme Court
CRIMINAL: Search and seizure, knock and talk, voluntary consent -- Michael Shawn Payton v. Com. of Kentucky (COA 12/5/2008)
Posted on December 29, 2008Michael Shawn Payton v. Com. of Kentucky CRIMINAL: Search and seizure, knock and talk, voluntary consent 2007-CA-001379 PUBLISHED: AFFIRMING PANEL: CAPERTON PRESIDING; LAMBERT CONCURS; THOMPSON DISSENTS FILING SEP. OPINION GRAYSON COUNTY DATE RENDERED: 12/5/2008 Michael Shawn Payton (Shawn) appeals from a judgment and sentence of the Grayson Circuit Court entered pursuant to a conditional guilty plea to the charges of two counts of possession of a controlled substance in the first degree, one count of possession of a controlled substance in the second degree, one count of possession of drug paraphernalia, and one count of possession of marijuana...
TORTS: EMTLA, Medical Negligence, and punitive damages -- Larry O'Neil Thomas v. St. Joseph Healthcare, Inc. (COA 12/5/2008)
Posted on December 29, 2008Larry O'Neil Thomas v. St. Joseph Healthcare, Inc. TORTS: EMTLA, Medical Negligence, and punitive damages 2007-CA-001192 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING PANEL: WINE PRESIDING; CLAYTON CONCURS; DIXON CONCURS IN RESULT ONLY FAYETTE COUNTY DATE RENDERED: 12/5/2008 In this medical negligence case resulting from a death following an ER visit, the COA concluded that a medical negligence claim and a violation by the hospital of the Emergency Medical Treatment and Active Labor Act (EMTALA) are not mutually exclusive claims...
Criminal, burglary, structures addressed -- DANIEL KISER v. COM. OF KENTUCKY (COA 11/26/2008)
Posted on December 29, 2008DANIEL KISER v. COM. OF KENTUCKY CRIMINAL: Burglary 2008-CA-000200 PUBLISHED: REVERSING AND REMANDING PANEL: VANMETER PRESIDING; MOORE, TAYLOR CONCUR JEFFERSON COUNTY DATE RENDERED: 11/26/2008 CA reversed Kiser's conviction for burglary in the Jefferson Circuit Court...
Criminal: Search and seizure, roadblocks -- LAMONT MOORE V. COM. OF KENTUCKY (COA 11/26/2008)
Posted on December 29, 2008LAMONT MOORE V. COM. OF KENTUCKY CRIMINAL: Search & Seizure; Roadblocks 2007-CA-001787 PUBLISHED: REVERSING AND REMANDING PANEL: KELLER PRESIDING; WINE, LAMBERT CONCUR MCCRACKEN COUNTY DATE RENDERED: 11/26/2008 CA reversed TC's order denying Moore's motion to suppress following roadblock stop...
Family Law: Grandparent rights in involuntary termination -- P. (L.J.) v. CABINET FOR HEALTH AND FAMILY SERVICES (COA 11/26/2008)
Posted on December 29, 2008P. (L.J.) v. CABINET FOR HEALTH AND FAMILY SERVICES FAMILY LAW: Grandparent rights in termination action 2007-CA-001783 PUBLISHED: REVERSING AND REMANDING PANEL: CAPERTON PRESIDING; LAMBERT, THOMPSON CONCUR KENTON COUNTY DATE RENDERED: 11/26/2008 Paternal grandparents appealed trial court order denying their motion to intervene and request for custody of their grandchild in an involuntary termination of parental rights action...
SCOKY: COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW ? DECEMBER 10, 2008
Posted on December 28, 2008COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW ? DECEMBER 10, 2008[We have added a link to lower court (COA) decision with the opening paragraph to give you an idea of what the case is about since we do not get the MDR's filed with the SCOKY]. HOLLIS KING V...
SCOKY MONTHLY CASE SUMMARY REPORT: November 2008
Posted on December 28, 2008The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...
SCOKY MONTHLY CASE SUMMARY REPORT: October 2008
Posted on December 28, 2008The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...
SCOKY MONTHLY CASE SUMMARY REPORS: September 2008
Posted on December 28, 2008The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...
COA MONTHLY CASE SUMMARY REPORT: November 2008
Posted on December 28, 2008The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...
COA MONTHLY CASE SUMMARY REPORTS: October 2008
Posted on December 28, 2008The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...
MONTHLY SUMMARY: COA - September 2008 Published Decisions
Posted on December 28, 2008The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...
MONTHLY CASE SUMMARY: COA - August 2008
Posted on December 28, 2008The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...
COA MONTHLY CASE SUMMARY REPORT: July 2008
Posted on December 28, 2008The case summary report is created by the staff of the Kentucky Court of Appeals for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Court of Appeals, Supreme Court, or other legal research websites...
ATTORNEYS: AN UNNAMED ATTORNEY V. KBA (SC 11/26/2008)
Posted on December 28, 2008AN UNNAMED ATTORNEY V. KBA Order privately reprimanded movant 2008-SC-000728-KB.pdf PUBLISHED: DATE RENDERED: 11/26/2008 Attorney admitted to advising divorce client to execute mortgage in attorney?s favor, instructing her not to tell her client?s husband (co-owner of encumbered property) and without otherwise giving the client the opportunity to seek independent legal counsel...
ATTORNEYS: CONSTANCE L. BUEHNER v. KBA (SC 11/26/2008)
Posted on December 28, 2008CONSTANCE L. BUEHNER v. KBA Order publicly reprimanded movant and suspended movant from practice of law suspended for 1 year with conditions 2008-SC-000727-KB.pdf PUBLISHED: DATE RENDERED: 11/26/2008 The Supreme Court granted attorney?s motion for public reprimand and 30-day suspension of license, probated for one-year...
ATTORNEYS: KBA v. CHARLES C. LEADINGHAM (SC 11/26/2008)
Posted on December 28, 2008KBA v. CHARLES C. LEADINGHAM Order suspended respondent from the practice of law for 30 days probated with conditions 2008-SC-000522-KB.pdf PUBLISHED: DATE RENDERED: 11/26/2008 Orders 30-day suspension and public reprimand of attorney found guilty of failing to obey an obligation under the rules of a tribunal and failing to respond to a request for information from a disciplinary authority...
ATTORNEYS: KBA v. PAT HARRIS (SC 11/26/2008)
Posted on December 28, 2008KBA v. PAT HARRIS Order publicly reprimanded respondent 2008-SC-000474-KB.pdf PUBLISHED: DATE RENDERED: 11/26/2008 The Supreme Court affirmed a public reprimand for an attorney found by Board of Governors to have engaged in conduct involving dishonesty, fraud, deceit or misrepresentation by presenting false time records to the Department of Financial Institutions, her former employer...
ATTORNEYS: KBA v. ZACK N. WOMACK (SC 11/26/2008)
Posted on December 28, 2008KBA v. ZACK N. WOMACK Order suspended respondent from practice of law for 30 days 2008-SC-000456-KB.pdf PUBLISHED: 840 DATE RENDERED: 11/26/2008 Clients retained attorney in a foreclosure proceeding. Later, client testified that they did not discuss the attorney?s fee, but that he had assumed it would be at the hourly rate he had charged on previous occasions...
ATTORNEYS: KBA V. RUTH ANN SEBASTIAN (SC 11/26/2008)
Posted on December 28, 2008KBA V. RUTH ANN SEBASTIAN Order suspended respondent with conditions 2008-SC-000433-KB.pdf PUBLISHED: 188 DATE RENDERED: 11/26/2008 Imposes identical reciprocal discipline upon attorney indefinitely suspended from practice of law by U.S. District Court for Eastern District of Kentucky for failure to respond to show cause order...
ATTORNEYS: KBA CLE v. JARED SQUIRES (SC 11/26/2008)
Posted on December 28, 2008KBA CLE v. JARED SQUIRES Order suspended respondent from the practice of law 2008-SC-000035-KB.pdf PUBLISHED: 171 DATE RENDERED: 11/26/2008 Orders suspension of attorney for failure to complete 2006-07 CLE requirements within time allowed under previous 90-day extension...
ATTORNEYS: STANLEY BROWN V. KBA (SC 11/26/2008)
Posted on December 28, 2008STANLEY BROWN V. KBA Order granted motion to dismiss movant's application for reinstatement 2007-SC-000455-KB.pdf PUBLISHED: 211 DATE RENDERED: 11/26/2008 Attorney was permanently disbarred in Ohio in 1997. In 2007, attorney filed for reinstatement in Kentucky...
Jurors, disqualifications, excusals for false answers or unwillingness to be impartial -- JOSEPH WAYNE ALLEN v. COM. OF KENTUCKY (SC 11/26/2008)
Posted on December 28, 2008JOSEPH WAYNE ALLEN v. COM. OF KENTUCKY CRIMINAL: Jurors, disqualifications, excusals for false answers or unwillingness to be impartial 2007-SC-000642-MR.pdf PUBLISHED: REVERSING OPINION BY ABRAMSON; SCOTT CONCURS BY SEP. OPINION JEFFERSON COUNTY DATE RENDERED: 11/26/2008 SC reversed Allen's convictions for rape and other sexual offenses in Jefferson Circuit Court...
WORKERS COMP: Limitations period for reopening and subsequent order re benefits -- ALLENE HALL V. HOSPITALITY RESOURCES, INC. (SC 11/26/2008)
Posted on December 28, 2008ALLENE HALL V. HOSPITALITY RESOURCES, INC. WORKERS COMP: Limitations period for reopening and subsequent order re benefits 2007-SC-000153-WC.pdf PUBLISHED: REVERSING OPINION BY SCOTT; MINTON DISSENTS BY SEP. OP. IN WHICH ABRAMSON, VENTERS JOIN FROM COURT OF APPEALS DATE RENDERED: 11/26/2008 KRS 342...
Search and seizure (investigatory stops); reasonable suspicion -- BRIAN STRANGE v. COM. OF KENTUCKY (SC 11/26/2008)
Posted on December 28, 2008BRIAN STRANGE v. COM. OF KENTUCKY CRIMINAL: Search and seizure (investigatory stops); reasonable suspicion 2007-SC-000328-DG.pdf PUBLISHED: REVERSING AND REMANDING OPINION BY VENTERS FAYETTE COUNTY DATE RENDERED: 11/26/2008 On discretionary review, SC reversed TC's denial of Strange's motion to suppress...
AOC Monthly Summaries of Decisions for SCOKY and COA are on-line
Posted on December 24, 2008Good news for me, for our digesters, and our readers.The Kentucky Supreme Court and the Kentucky Court of Appeals are posting monthly digests of their opinions/decisions which are available on line in PDF format. A very useful service that apparently started a few months ago and which I did not notice until just recently...
ORTS: SOVEREIGN IMMUNITY for Metro Gov't, statutory waiver KRS 441.054(3) -- JEWISH HOSP HEALTHCARE SVCS V. LOUISVILLE/JEFFERSON METRO GOV'T (COA 11/14/2008)
Posted on December 23, 2008JEWISH HOSPITAL HEALTHCARE SERVICES, INC. V. LOUISVILLE/JEFFERSON METRO GOV'T TORTS: SOVEREIGN IMMUNITY for Metro Gov't, statutory waiver KRS 441.054(3) 2008-CA-000095 PUBLISHED: AFFIRMING IN PART, VACATING AND REMANDING IN PART PANEL: LAMBET JAMES PRESIDING; HENRY, NICKELL CONCUR JEFFERSON CIR...
JURISDICTION: Subject matter, Indiana contract -- LYNN V. DIGITAL LIFESTYLES, LLC (COA 11/14/2008)
Posted on December 23, 2008LYNN V. DIGITAL LIFESTYLES, LLC JURISDICTION: Subject matter, Indiana contract EVIDENCE: Spoliation of Evidence 2007-CA-002442 PUBLISHED: AFFIRMING PANEL: LAMBERT JAMES PRESIDING; HENRY, NICKELL CONCUR JEFFERSON CIR. COURT DATE RENDERED: 11/14/2008 The Court affirmed a judgment of the circuit court denying appellant?s motion for summary judgment and findings of fact and conclusion of law awarding damages to appellee on its claim for breach of contract for the installation of a home theater system...
WORKERS COMP: Pre-existing dormant condition -- COMAIR, INC. V. HELTON (COA 11/14/2008)
Posted on December 23, 2008COMAIR, INC. V. HELTON WORKERS COMP: Pre-existing dormant condition 2007-CA-002332 PUBLISHED: AFFIRMING PANEL: NICKELL PRESIDING; CLAYTON, TAYLOR CONCUR DATE RENDERED: 11/14/2008 The primary issue in this appeal was whether the Board erred in reversing the ALJ?s decision to not award benefits for a pre-existing condition...
CRIMINAL: Search and seizure; strip search -- MARSHALL V. COM. (COA 11/7/2008)
Posted on December 23, 2008MARSHALL V. COM. CRIMINAL: Search and seizure; strip search 2007-CA-002518 PUBLISHED: AFFIRMING IN PART, VACATING IN PART, AND REMANDING PANEL: COMBS PRESIDING; STUMBO, GUIDUGLI CONCUR FAYETTE CIRCUIT COURT DATE RENDERED: 11/7/2008 Marshall appeals an order of the trial court denying a motion to suppress evidence that was obtained through a strip search...
Public Service Commission; rate making; KENTUCKY PUBLIC SERVICE COMM. V. COM. OF KENTUCKY (COA 11/7/2008)
Posted on December 23, 2008KENTUCKY PUBLIC SERVICE COMM. V. COM. OF KENTUCKY ADMINISTRATIVE LAW: Public Service Commission; rate making (Accelerated Main Replacement Program) 2007-CA-001635 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART PANEL: THOMPSON PRESIDING; NICKEL, ROSENBLUM CONCUR FRANKLIN CIRCUIT COURT DATE RENDERED: 11/7/2008 Reh filed 11/25/2008 Opinion by Judge Thompson; Judge Nickell and Retired Judge Rosenblum concurred...
CRIMINAL: Youthful offender and juvenile sentencing: CHIPMAN V. COM. (COA 11/7/2008)
Posted on December 23, 2008CHIPMAN V. COM. CRIMINAL: Youthful offender and juvenile sentencing 2007-CA-000690 PUBLISHED: AFFIRMING PANEL: KELLER PRESIDING; WINE, LAMBERT CONCUR KENTON COUNTY DATE RENDERED: 11/7/2008 The issue presented is the proper disposition of a juvenile who was charged with Robbery in the First Degree, was transferred to circuit court as a youthful offender, and pled guilty to the lesser offense of Robbery in the Second Degree...
Community charters, laches, and prospective application: COMMONWEALTH OF KY V. HOME FEDERAL SAVINGS AND LOAN ASSOCIATON (COA 10/31/2008)
Posted on December 22, 2008COMMONWEALTH OF KY V. HOME FEDERAL SAVINGS AND LOAN ASSOCIATON CORPORATIONS: CHARTERS; Laches; Prospective application of decisions 2007-CA-002353 PUBLISHED: AFFIRMING PANEL: WINE PRESIDING; KELLER, LAMBERT CONCUR FRANKLIN COUNTY CAMPBELL COUNTY DATE RENDERED: 10/31/2008 The Court affirmed a declaratory judgment of the circuit court, which rejected the interpretation by The Office of Financial Institutions (OFI) of KRS 286...
EMPLOYMENT: Wrongful termination, releases, workers comp: MCCOWN V. GRAY KENTUCKY TELEVISION, INC. (COA 10/31/2008)
Posted on December 22, 2008MCCOWN V. GRAY KENTUCKY TELEVISION, INC. EMPLOYMENT: Wrongful termination, releases, workers comp 2007-CA-001947 PUBLISHED: AFFIRMING PANEL: ACREE PRESIDING; VANMETER, HENRY CONCUR PERRY COUNTY DATE RENDERED: 10/31/2008 McCown appeals the TC's grant of a partial directed verdict and earlier partial summary judgment in favor of Gray Kentucky Television on his claims stemming from his termination by Gray...
District court jurisdiction and forcible retainer: COFFEY V. KEHOE ROCK AND STONE, LLC (COA 10/31/2008)
Posted on December 22, 2008COFFEY V. KEHOE ROCK AND STONE, LLC PROPERTY: Forcible detainer, district court jurisdiction 2007-CA-001695 PUBLISHED: REVERSING AND REMANDING PANEL: CAPERTON PRESIDING; KELLER, NICKELL CONCUR GREENUP COUNTY DATE RENDERED: 10/31/2008 On discretionary review, the Court reversed and remanded with directions for the circuit court to vacate a judgment of the district court...
TORTS: Sovereign immunity and county engineer: BOLIN V. DAVIS (COA 10/31/2008)
Posted on December 22, 2008BOLIN V. DAVIS TORTS: SOVEREIGN IMMUNITY; Qualified official immunity 2006-CA-002259 PUBLISHED: AFFIRMING PANEL: NICKELL PRESIDING; STUMBO, THOMPSON CONCUR SHELBY COUNTY DATE RENDERED: 10/31/2008 Christopher Bolin lost control of his pickup on a snowy, curvy road; slid off of bridge; and landed upside down submerged in a creek...
FAMILY LAW: Due process right to counsel in parental rights termination: P.(A.) V. CABINET OF HEALTH AND FAMILHY SVCS. (COA 10/24/2008)
Posted on December 22, 2008P.(A.) V. CABINET OF HEALTH AND FAMILY SERVICES FAMILY LAW: Termination of Parental Rights, Due Process Right to Counsel 2008-CA-000730 PUBLISHED: VACATING AND REMANDING PANEL: CLAYTON PRESIDING; ACREE, KELLER CONCUR TRIMBLE COUNTY DATE RENDERED: 10/24/2008 ISSUE: Mother appealed TC?s judgment involuntarily terminating her parental rights to Child, contending that her due process rights were violated, that her counsel?s assistance was ineffective, and that the findings of fact were not supported by clear and convincing evidence...
TORTS/FAMILY LAW: No private cause of action for inadvertant HIPAA disclosure in child custody litigation: YOUNG V. CARRAN (COA 10/24/2008)
Posted on December 22, 2008YOUNG V. CARRAN FAMILY LAW: Release Of Medical Records In Child Custody Litigation, HIPPA TORTS: No claim for inadvertant disclosure of HIPAA protected information; preemption claims not presented to trial court 2008-CA-000082 PUBLISHED: AFFIRMING PANEL: LAMBERT PRESIDING; KELLER, WINE CONCUR KENTON COUNTY DATE RENDERED: 10/24/2008 Mom sought to maintain a private cause of action against Dad?s law firm for violation of HIPAA for the inadvertent disclosure of her medical and psychiatric records to Dad in child custody litigation...
Minutes for Kentucky Court of Appeals for Dec. 19, 2008 (COA 2008:62)
Posted on December 21, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 23 rendered decisions - Numbered 1376-1398 with 4 published decisions 1379 criminal 1385 mediation 1391 open records 1392 family law, juveniles
Minutes for Kentucky Supreme Court for December, 2008 (2008:61)
Posted on December 21, 2008Click here for minutes at AOC with links to full text of each decision 10 rendered decisions: 258-267 8 published 4 disciplinary matters 3 grants of discretionary review 3 rehearing petitions denied with none granted Minutes List of all published and nonpublished SCOKY decisions with links to the full text of the decision posted at web site plus orders regarding dismissals, extraordinary writs, discretionary review...
CRIMINAL: Reversible error in failure to instruct on extreme emotional distress as element of murder instructions in case: MARCUS BENJAMIN V. COM. (SC 10/23/2008)
Posted on December 15, 2008MARCUS BENJAMIN V. COM. CRIMINAL: Reversible error in failure to instruct on extreme emotional distress as element of murder instructions in case 2006-SC-000620-MR.pdf PUBLISHED: REVERSING OPINION BY SCOTT; CUNNINGHAM CONCURS IN RESULT ONLY FROM GRAVES COUNTY DATE RENDERED: 10/23/2008 SC reversed Benjamin's conviction for murder and life sentence and remanded for a new trial...
ELECTIONS: Review of whole record of election in setting aside for fraudulent activity: MCCLENDON V HODGES (SC 10/23/2008)
Posted on December 15, 2008BEVERLY MCCLENDON V. JERRY H. HODGES ELECTIONS: Review of whole record of election in setting aside for fraudulent activity 2007-SC-000559-DGE.pdf PUBLISHED: REVERSING AND REINSTATING OPINION BY CUNNINGHAM; ABRAMSON NOT SITTING FROM MONROE COUNTY DATE RENDERED: 10/23/2008 This appeal arose from alleged election irregularities...
CRIMINAL: "Knock and talk" procedures by police: ERIC QUINTANA v. COM. (SC 10/23/2008)
Posted on December 15, 2008ERIC QUINTANA v. COM. CRIMINAL: "Knock and talk" procedures by police 2006-SC-000629-DG.pdf 2006-SC-000823-DG.pdf PUBLISHED: REVERSING AND REMANDING IN THE CASE OF 2006-SC629 AND AFFIRMING IN THE CASE OF 2006-SC-000823 OPINION BY NOBLE FROM NELSON AND RUSSELL COUNTIES DATE RENDERED: 10/23/2008 These two cases were argued before the Court on the same day, and involve the propriety and limits of the police procedure commonly called the "knock and talk," where officers approach a residence, knock on the door, and talk to a person who answers, ostensibly to obtain general information that could assist in an ongoing investigation or matter of public interest...
PROFESSIONS: Administrative rules governing loss of licensure : MAGGARD PHD V. BOARD OF EXAMINERS OF PSYCHOLOGY (SC 10/23/2008)
Posted on December 15, 2008MAGGARD (PHD) V. BOARD OF EXAMINERS OF PSYCHOLOGY PROFESSIONS: Administrative rules governing loss of licensure 2006-SC-000355-DG.pdf PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING IN PART OPININION BY SCOTT; SCHRODER NOT SITTING FROM FRANKLIN COUNTY DATE RENDERED: 10/23/2008 The Board found that Maggard a psychologist had violated KRS 319 ...
Transfer of circuit cases between divisions and use of extraordinary writs: COX V. JUDGE BRADEN (SC 10/23/2008)
Posted on December 15, 2008WILLIAM CLYDE COX V. HON. PAUL BRADEN CIRCUIT JUDGE and FREIDA JOAN LOVING (REAL PARTY IN INTEREST) EXTRAORDINARY WRITS AND TRANSFER OF CASES BETWEEN TWO DIVISIONS OF CIRCUIT COURT 2008-SC-000376-MR.pdf PUBLISHED: AFFIRMING OPINION BY NOBLE; MINTON CONCURS IN RESULT ONLY FROM WHITLEY COUNTY DATE RENDERED: 10/23/2008 The Court of Appeals denied a petition for a writ of mandamus directing the trial judge to set aside an order transferring a case between the two divisions of the Whitley Circuit Court and to assign cases in a random manner...
WORKERS COMP: Constitutionality of Consensus Procedure in Pneumoconiosis cases: DURHAM V. PEABODY COAL CO. (SC 10/23/2008)
Posted on December 15, 2008ANTHONY DURHAM V. PEABODY COAL CO. WORKERS COMP: Constitutionality of Consensus Procedure in Pneumoconiosis cases 2007-SC-000792-WC.pdf 2007-SC-000793-WC.pdf 2007-SC-000794-WC.pdf PUBLISHED: AFFIRMING OPINION OF THE COURT FROM COURT OF APPEALS DATE RENDERED: 10/23/2008 These consolidated appeals dealt with whether the consensus procedures for workers' compensation pneumoconiosis claims are constitutional...
WORKERS COMP: Equitable estoppel applied on statute of limitations since carrier failed to offer settlement or deny claim: HITACHI AUTOMOTIVE PRODUCTS USA, INC. V. CHESTER R. CRAIG, JR. (SC 10/23/2008)
Posted on December 15, 2008HITACHI AUTOMOTIVE PRODUCTS USA, INC. V. CHESTER R. CRAIG, JR. WORKERS COMP: Equitable estoppel applied on statute of limitations since carrier failed to offer settlement or deny claim 2007-SC-000631-WC.pdf PUBLISHED: AFFIRMING OPINION OF THE COURT; ABRAMSON NOT SITTING FROM COURT OF APPEALS DATE RENDERED: 10/23/2008 Mr...
CIVIL PROCEDURE: Pro se plaintiff sufficiently rebutted properly supported summary judgment motion in malicious prosecution claim by submitting a notarized response which constituted an affidavit: HUNT V. LAWSON (SC 10/23/2008)
Posted on December 15, 2008JOHN HUNT V. JAMES D. LAWSON CIVIL PROCEDURE: Pro se plaintiff sufficiently rebutted properly supported summary judgment motion in malicious prosecution claim by submitting a notarized response which constituted an affidavit 2007-SC-000438-DG.pdf PUBLISHED: AFFIRMING OPINION BY MINTON; SCOTT NOT SITTING PIKE COUNTY DATE RENDERED: 10/23/2008 The sole issue on discretionary review is whether, in a malicious prosecution action, the Court of Appeals erred in concluding that genuine issues of material fact presented in James D...
FAMILY LAW: Child custody and effect of mother's relocation outside of state on determination of child's best interests; Fenwick: FRANCES V. FRANCES (SC 10/23/2008)
Posted on December 15, 2008MARIA REGINA FRANCES V. BOBBY GENE FRANCES FAMILY LAW: Child custody and effect of mother's relocation outside of state on determination of child's best interests; Fenwick 2007-SC-000076-DGE.pdf PUBLISHED: AFFIRMING OPINION BY NOBLE; CUNNINGHAM NOT SITTING TRIGG COUNTY DATE RENDERED: 10/23/2008 TC awarded primary physical custody of Child to Dad...
TORTS: Toxic torts exposure; expert evidence; studies of similar injuries; Daubert inquiry: BURTON V. CSX TRANSPORTATION INC. (SC 10/23/2008)
Posted on December 15, 2008DAVID RAY BURTON v. CSX TRANSPORTATION, INC. TORTS: Toxic torts exposure; expert evidence; studies of similar injuries; Daubert inquiry 2006-SC-000695-DG.pdf PUBLISHED: AFFIRMING Opinion by Minton JEFFERSON COUNTY DATE RENDERED: 10/23/2008 S. Ct. affirms C...
FAMILY LAW: Modification Of Custody, Timesharing/Visitation, Primary Residence (Fenwick): CHRISTOPHER M. PENNINGTON v. HEATHER M. MARCUM (FKA MILES) (SC 10/23/2008)
Posted on December 15, 2008CHRISTOPHER M. PENNINGTON v. HEATHER M. MARCUM (FKA MILES) FAMILY LAW: Modification Of Custody, Timesharing/Visitation, Primary Residence (Fenwick) 2006-SC-000642-DG.pdf PUBLISHED: AFFIRMING OPINION BY NOBLE CUNNINGHAM DISSENTS BY SEP OP IN WHICH VENTERS JOINS; VENTERS DISSENTS BY SEP...
CRIMINAL: No double jeopardy re counts of using minor in sexual performance and promoting sexual performance by minor per Blockburger application: Danny Little v. Com. (SC 10/23/2008)
Posted on December 15, 2008DANNY LITTLE V. COM. CRIMINAL: No double jeopardy re counts of using minor in sexual performance and promoting sexual performance by minor per Blockburger application 2005-SC-000578-MR.pdf PUBLISHED: AFFIRMING MEMORANDUM OPINION OF COURT PIKE COUNTY DATE RENDERED: 10/23/2008 SC affirmed Little's convictions and 70 year sentence for two counts of using a minor in a sexual performance and two counts of promoting a sexual performance by a minor...
CRIMINAL: Death sentence affirmed: Samuel Steven Fields v. Com. (SC 10/23/2008)
Posted on December 15, 2008SAMUEL STEVEN FIELDS V. COM. CRIMINAL: Death sentence affirmed 2004-SC-000091-MR.pdf PUBLISHED: AFFRIRMING OPINION BY: CUNNINGHAM; SCOTT NOT SITTING FLOYD COUNTY DATE RENDERED: 10/23/2008 In this 59 page opinion, SC affirmed Fields' death sentence following convictions for murder and first-degree burglary...
FAMILY LAW: Child support modification jurisdiction: KOERNER V. KOERNER (COA 10/17/2008)
Posted on December 14, 2008KOERNER V. KOERNER FAMILY LAW: Child support modification jurisdiction 2008-CA-000080 PUBLISHED: VACATING PANEL: THOMPSON PRESIDING; MOORE, HENRY CONCUR OLDHAM COUNTY DATE FIRST RENDERED: 10/17/2008 Mom alleged that TC lacked subject matter jurisdiction over child support modification...
FAMILY LAW: Grandparent visitation; pro se litigant: GRANT V. LYNN (COA 10/17/2008)
Posted on December 14, 2008GRANT V. LYNN FAMILY LAW: Grandparent visitation; pro se litigant 2007-CA-002193 PUBLISHED: AFFIRMING PANEL: NICKELL PRESIDING; MOORE, STUMBO CONCUR CHRISTAN COUNTY DATE FIRST RENDERED: 10/23/2008 Dad, pro se, appealed TC orders awarding grandparent visitation to Maternal Grandmother with Dad?s children, based on the best interests of the children...
CRIMINAL: Persistent felony offender sentencing; concurrent/consecutive sentences and enhancement: BATES V. COM (COA 10/17/08)
Posted on December 14, 2008BATES V. COM. CRIMINAL: Persistent felony offender sentencing; concurrent/consecutive sentences and enhancement 2007-CA-002070 PUBLISHED: AFFIRMING PANEL: MOORE PRESIDING JUDGE; NICKELL, STUMBO CONCUR HARDIN COUNTY DATE FIRST RENDERED: 10/17/2008 CA affirmed Circuit Court's denial of pro se inmate's CR 60...
Zoning commission's authority in reviewing proposed cluster development within context of county's comprehensive zoning plan; spirit of the plan vs. applicable standards: CITIZENS FOR THE PRESERVATION OF JESSAMINE CNTY V. COOPER DEVELOPMENT (COA 10/17/08
Posted on December 14, 2008CITIZENS FOR THE PRESERVATION OF JESSAMINE COUNTY, LLC V. COOPER DEVELOPMENT, LLC ZONING: Zoning commission's authority in reviewing proposed cluster development within context of county's comprehensive zoning plan; spirit of the plan vs. applicable standards 2007-CA-001460 PUBLISHED: AFFIRMING IN PART, REVERSING AND REMANDING IN PART PANEL: VANMETER PRESIDING; WINE, LAMBERT CONCUR JESSAMINE COUNTY DATE RENDERED: 10/17/2008 Cooper Development, LLC ("Cooper") sought approval from the Jessamine County/City of Wilmore Joint Planning Commission ("Commission") for a cluster development of 45 residential lots on a 156 acre tract within an agriculture zone...
INSURANCE: Torts; bad faith, agent, independent contractor, attorney, insurance company, UCSPA: CINCINNATI INS. CO. V. HOFMEISTER (COA 10/17/2008, 9/26/2008 opinion withdrawn)
Posted on December 14, 2008CINCINNATI INS. CO. V. HOFMEISTER INSURANCE: Torts; bad faith, agent, independent contractor, attorney, insurance company, UCSPA 2004-CA-002296 PUBLISHED: OPINION REVERSING NO. 20004-CA-002296 AND DISMISSING AS MOOT NO. 2004-CA-002362 PANEL: ACREE PRESIDING JUDGE; KELLER CONCURS IN RESULT; KNOPF CONCURS SCOTT COUNTY (JUDGE PAUL ISAACS) DATE FIRST RENDERED: 10/17/2008 with 9/26/2008 opinion withdrawn The Kentucky COA found the trial court erred by: (1) denying CIC?s motion for directed verdict in that the attorney retained by CIC for its insured was not CIC?s agent, but rather was an independent contractor; (2) denying CIC?s motion for directed verdict on the Hofmeisters? claim of fraud; and (3) denying CIC?s motion for a directed verdict on the Hofmeisters? claim that CIC violated the UCSPA...
Repossession of motor vehicle, security interests, commercially reasonable manner, and parties necessary: HARRINGTON V. ASSET ACCEPTANCE, LLC (COA 10/10/2008)
Posted on December 14, 2008HARRINGTON V. ASSET ACCEPTANCE, LLC COMMERCIAL LAW: Repossession motor vehicle; security interest; necessary party; commercially reasonable manner 2007-CA-002400 PUBLISHED: REVERSING AND REMANDING PANEL: MOORE, PRESIDING; THOMPSON, HENRY CONCUR COUNTY: OLDHAM DATE RENDERED: 10/10/2008 The Court reversed and remanded a summary judgment in favor of appellee on appellee?s claim to recover a deficiency balance on a simple interest note and security agreement...
Notice and child custody modification: MURPHY V. MURPHY (COA 10/10/2008)
Posted on December 14, 2008MURPHY V. MURPHY FAMILY LAW: Custody, modification, notice 2007-CA-002298 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING PANEL: NICKELL PRESIDING; THOMPSON, ROSENBLUM CONCUR MADISON COUNTY DATE RENDERED: 10/10/2008 The parties shared joint custody and equal parenting time of their three children...
Insurance, quasi-insurance and faith-based medical payment sharing: COM. V. REINHOLD d/b/a American Evangelistic Association; Medi-Share; Christian Care Ministry (COA 10/10/2008)
Posted on December 14, 2008COM. V. REINHOLD d/b/a American Evangelistic Association; Medi-Share; Christian Care Ministry INSURANCE: Defined, quasi-insurance medical payment prograqm 2007-CA-000661 PUBLISHED:AFFIRMING PANEL: ROSENBLUM PRESIDING; NICKELL CONCURS INRESULT; THOMPSON DISSENTS WRITING SEP...
Probate, will execution and undue influence in will contest: AMOS V. CLUBB (COA 10/3/2008)
Posted on December 09, 2008AMOS V. CLUBBPROBATE: Will Exection, Undue Influence Issue2007-CA-001181PUBLISHED: REVERSING AND REMANDINGPANEL: LAMBERT, JAMES PRESIDING; STUMBO, THOMPSON CONCUROLDHAM COUNTYDATE RENDERED: 10/3/2008This was a will contest between a man?s wife and stepdaughter on one side and his sisters on the other...
Administrative appeals and exhaustion of remedies applied in dismissal of appeal: BLUEGRASS AUTOMOTIVE, INC. V. KENTUCKY UNEMPLOYMENT INSURANCE COMM. (COA 10/3/2008)
Posted on December 09, 2008BLUEGRASS AUTOMOTIVE, INC. V. KENTUCKY UNEMPLOYMENT INSURANCE COMM. EMPLOYMENT: Administrative Appeals, exhaustion of remedies 2007-CA-001526 PUBLISHED: AFFIRMING PANEL: DIXON PRESIDING; COMBS, LAMBERT, JAMES CONCUR FRANKLIN COUNT DATE RENDERED: 10/3/2008 In 2002, Bluegrass acquired the assets of Tom Payette Jaguar, Inc...
FAMILY LAW: Jurisdiction; restoration of nonmarital property: FEHR V. FEHR (COA 10/3/2008)
Posted on December 09, 2008FEHR V. FEHR FAMILY LAW: Jurisdiction; restoration of nonmarital property 2007-CA-001495 PUBLISHED: AFFIRMING IN PART AND REVERSING AND REMANDING IN PART PANEL: THOMPSON PRESIDING; MOORE, HENRY CONCUR OLDHAM COUNTY DATE RENDERED: 10/3/2008 ISSUES PRESENTED: Ex-Husband appealed TC?s decision awarding Ex-Wife a villa and a one-half marital interest in a mini-storage warehouse located in the Netherlands Antilles, alleging that he should have received his nonmarital interest in those properties...
Amusement park personal injury claim, Daubert, duties, summary judgment: WEST V. KKI, LLC D/B/A SIX FLAGS KENTUCKY KINGDOM (COA 10/3/2008)
Posted on December 09, 2008WEST V. KKI, LLC D/B/A SIX FLAGS KENTUCKY KINGDOM TORTS: Amusement park ride injury; Daubert, summary judgment, duties 2007-CA-001463 PUBLISHED: AFFIRMING PANEL: HENRY PRESIDING; COMBS, KELLER CONCUR JEFFERSON COUNTY DATE RENDERED: 10/3/2008 he COA affirmed the trial court?s summary judgment dismissing the plaintiff?s personal injury claims, since there was no competent testimony that the amusement ride (the Chang) at Kentucky Kingdom was dangerous or defective, and the trial judge?s Daubert ruling striking the expert?s testimony was not an abuse of discretion...
Minutes for Kentucky Court of Appeals for Dec. 5, 2008 (COA 2008:59)
Posted on December 07, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 15 rendered decisions - Numbered 1342-1356 with 2 published decisions
SC Argument Calendar for Dec 2008 with Dates, Times, Briefs, COA Decisions
Posted on December 07, 2008Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument. The dates, times, briefs, and COA decision links are below! WEDNESDAY, DECEMBER 10, 2008 9:00 a...
COURT ORDERS GRANTING PETITION FOR REHEARING ? NOVEMBER 26, 2008
Posted on December 01, 2008HYMAN & ARMSTRONG, P.S.C., ET AL. V. RONALD GUNDERSON (ADMINISTRATOR OF THE ESTATE OF MARY MARGARET GUNDERSON) ET AL. AND SANDOZ PHARMACEUTICALS CORPORATION (N/K/A NOVARTIS PHARMACEUTICALS CORPORATION) V. RONALD GUNDERSON (ADMINISTRATOR OF THE ESTATE OF MARY MARGARET GUNDERSON) ET AL...
Discretionary Review Motions Granted by SC for Nov. 2008
Posted on December 01, 2008COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW ? NOVEMBER 19, 2008 The "links" are to the underlying COA decision. BRIAN JAROSZEWSKI, ET AL. V. CHARLES F. FLEGE, ET AL.2008-SC-000112-DG GRANT 2006CA002543re: COA affirmed motion to dismiss under Rule 41...
COA Argument Calendar for December 2008
Posted on December 01, 2008COA Argument Calendar for November 2008
Minutes for Kentucky Court of Appeals for Nov. 26, 2008 (COA 2008:58)
Posted on December 01, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 20 rendered decisions - Numbered 1322-1341 with 3 published decisions
Minutes for Kentucky Supreme Court for November, 2008 (2008:57)
Posted on December 01, 2008Click here for minutes at AOC with links to full text of each decision 25 rendered decisions: 234-257 10 published 9 disciplinary matters 4 grants of discreti0nary review 1 rehearing petition granted Minutes List of all published and nonpublished SCOKY decisions with links to the full text of the decision posted at web site plus orders regarding dismissals, extraordinary writs, discretionary review.
WORKERS COMPENSATION AND UP THE LADDER: R.O. GILES ENTERPRISES, INC. V. MILLS, DECEASED (COA 9/26/2008)
Posted on November 25, 2008R.O. GILES ENTERPRISES, INC. V. MILLS, DECEASED WORKERS COMPENSATION: Up the ladder and contractors 2008-CA-000709 PUBLISHED: AFFIRMING PANEL: MOORE PRESIDING; NICKELL, STUMBO CONCUR DATE RENDERED: 9/26/2008 R.O.Giles was a landowner of certain land in Knox County...
FAMILY LAW: Custody, parenting time: T.A.N. V. M.J. (COA 9/26/2008)
Posted on November 25, 2008T.A.N. V. M.J. FAMILY LAW: Custody, parenting time 2007-CA-002584 PUBLISHED: AFFIRMING PANEL: LAMBERT, PRESIDING; STUMBO, THOMPSON CONCUR JEFFERSON COUNTY DATE RENDERED: 9/26/2008 Mother appealed TC?s order providing additional parenting time to her ex-boyfriend, Father...
INSURANCE: Coverage for theft by person claiming superior title: BEST V. WEST AMERICAN INS. CO. (COA 9/26/2008)
Posted on November 25, 2008BEST V . WEST AMERICAN INS. CO. INSURANCE: Coverage for theft by person claiming superior title 2007-CA-002289 PUBLISHED: VACATING AND REMANDING PANEL: MOORE PRESIDING; NICKELL, STUMBO CONCUR HARDIN COUNTY (JUDGE EASTON) DATE RENDERED: 9/26/2008 Best and the Lazzarinis entered into a contract to purchase two vehicles...
CRIMINAL: WANTONNESS ELEMENT FOR ASSAULT AND WRONGFUL ENDANGERMENT ADDRESSED IN DRIVING VEHICLE: ISON V. COM. (COA 9/26/2008)
Posted on November 25, 2008ISON V. COMMONWEALTH CRIMINAL: WANTONNESS ELEMENT FOR ASSAULT AND WRONGFUL ENDANGERMENT ADDRESSED IN DRIVING VEHICLE 2007-CA-001007 PUBLISHED: AFFIRMING IN PART, AND REVERSING AND REMANDING IN PART PANEL: VANMETER PRESIDING; WINE, LAMBERT CONCUR LETCHER COUNTY DATE RENDERED: 9/26/2008 Jason Ray Ison appeals from a judgment after a jury convicted him on multiple charges including reckless homicide (three counts), first-degree assault, first-degree wanton endangerment (two counts), and criminal mischief...
Minutes for Kentucky Court of Appeals for Nov. 21, 2008 (COA 2008:56)
Posted on November 22, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 14 rendered decisions - Numbered 1308-1321 with 2 published decisions
REAL PROPERTY: Sale of property after period covered by listing agreement: EITEL V. OWEN (COA 9/19/2008)
Posted on November 17, 2008EITEL V. OWENREAL PROPERTY: Sale of property after period covered by listing agreement 2007-CA-002164 PUBLISHED: AFFIRMINGPANEL: LAMBERT PRESIDING; STUMBO, THOMPSON CONCURCOUNTY: JEFFERSON Date Rendered: 9/19/2008 The Court affirmed a summary judgment entered in appellee?s favor on appellant?s claim for a real estate fee related to the sale of appellee?s apartment complex after appellee sold the complex to buyers who had rejected a counter-offer during the sale contract period...
CRIMINAL: Registration for criminal offense against a minor: GULLETT V. COM (COA 9/19/2008)
Posted on November 17, 2008GULLETT V. COM CRIMINAL: Registration for criminal offense against a minor 2007-CA-002130 PUBLISHED: AFFIRMING PANEL: BUCKINHAM PRESIDING; CAPTERTON, STUMBO CONCUR COUNTY: FAYETTE Date Rendered: 9/19/2008 Roger Gullett pleaded guilty in the Fayette Circuit Court to criminal attempt to commit sexual abuse in the first degree, a misdemeanor...
ABRITRATION: Challenges to contract as whole vs. clause: CONSULTANTS & BUILDERS, INC. V. PADUCAH FEDERAL CREDIT UNION (COA 9/19/2008)
Posted on November 17, 2008CONSULTANTS & BUILDERS, INC. V. PADUCAH FEDERAL CREDIT UNION ABRITRATION: Challenges to contract as whole vs. clause 2007-CA-001874 PUBLISHED: REVERSING AND REMANDING PANEL: VANMETER PRESIDING; CAPERTON, GUIDUGLI CONCURS COUNTY: MCCRACKEN Date Rendered: 9/19/2008 In Consultants v...
EMPLOYMENT: Appeal untimely filed following termination of school employment: SAJKO V. JEFFERSON COUNTY BOARD OF ED. (COA 9/19/2008)
Posted on November 17, 2008SAJKO V. JEFFERSON COUNTY BOARD OF ED. EMPLOYMENT: Appeal untimely filed following termination of school employment 2007-CA-000128 PUBLISHED: AFFIRMINGPANEL: BUCKINGHAM PRESIDING; LAMBERT, MOORE CONCURCOUNTY: JEFFERSONDate Rendered: 9/19/2008 The Court affirmed an order of a tribunal that upheld a school superintendent?s termination of appellant?s employment...
ATTORNEYS FEES: Post judgment work: MOORHEAD V. DODD (SC 9/18/2008)
Posted on November 16, 2008MOORHEAD V. DODD ATTORNEYS FEES: Post judgment work 2006-SC-000251-DG.pdf PUBLISHED: Reversing Opinion by Scott; Schroder not sitting Jefferson Date Rendered: 9/18/2008 Moorhead initiated an action for breach of contract against Manning Equipment Company stemming from a real property purchase agreement which ultimately fell through...
ZONING: Mulitple and successive rezoning petitions: HUME V. FRANKLIN COUNTY FISCAL COURT (SC 9/18/2008)
Posted on November 16, 2008HUME V. FRANKLIN COUNTY FISCAL COURT 2006-SC-000499-DG BIZZACK V. HUME 2007-SC-000091-DG ZONING: Mulitple and successive rezoning petitions PUBLISHED Reversing Opinion by Schroder; Abramson conurs in result only; Minton not sitting Franklin Date: 9/18/2008 In 1963, the Lexington-Fayette County Planning Commission, now the Lexington Fayette Urban County Planning Commission ("P&Z"), approved Sebastian's preliminary development plan for 122 one-acre lots...
CRIMINAL: Youthful offenders, violent offenders, upon reaching majority: COM. V. MERRIMAN & COM. HICKMAN (SC 9/18/2008)
Posted on November 16, 2008COM. V. MERRIMANCOM. V. HICKMANCRIMINAL: Youthful offenders, violent offenders, upon reaching majority2006-SC-000330-DG.pdf REVERSED AND REMANDED - Fayette2006-SC-000332.pdf AFFIRMING - Jefferson 2006-SC-000690-DG.pdf REVERSED AND REMANDED - FayettePUBLISHED: Opinion by Noble; Venters not sittingDate Rendered: 9/18/2008The sole question at issue in these two cases is whether a juvenile, convicted as a youthful offender, is subject to the provisions of KRS 439...
FAMILY LAW: Abrogation Of Marital Settlement Agreement: CAMERON V. CAMERON (SC 9/18/2008)
Posted on November 16, 2008CAMERON V. CAMERON FAMILY LAW: Abrogation Of Marital Settlement Agreement 2007-SC-000105-DG.pdf PUBLISHED: Affirming Opinion by Cunningham Nicholas Date Rendered: 9/18/2008 Ex-Husband appealed TC?s Order that separation agreement was not abrogated during period of alleged reconciliation and that agreement was not unconscionable...
ZONING: Estoppel not applied: SEBASTIAN-VOOR PROPERTIES, LLC V. LEXINGTON-FAYETTE URBAN COUNTY GOV'T (SC 9/18/2008)
Posted on November 16, 2008SEBASTIAN-VOOR PROPERTIES, LLC V. LEXINGTON-FAYETTE URBAN COUNTY GOV'T ZONING: Estoppel not applied 2006-SC-000732-DG.pdf PUBLISHED: Affirming Memorandum Opinion; Schroder concurs by sep. opinion with Cunningham joining; Noble not sitting Fayette Date Rendered: 10/14/2008 In 1963, the Lexington-Fayette County Planning Commission, now the Lexington Fayette Urban County Planning Commission ("P&Z"), approved Sebastian's preliminary development plan for 122 one-acre lots...
DAMAGES: Restitution and effective date of interest: CHEYENNE RESOURCE, INC. ETC. V. ELK HORN COAL CORP. (SC 9/18/2008)
Posted on November 16, 2008CHEYENNE RESOURCE, INC. ETC. V. ELK HORN COAL CORP. DAMAGES: Restitution and effective date of interest 2006-SC-000721-DG.pdf PUBLISHED: Affirming Opinion by Special Justice Monge; Cunningham dissents with Special Justice McDonald joining; Special Justice Mike McDonald dissents with Cunningham joining; Venters, Scott, Abramson NOT sitting Floyd Date Rendered: 9/18/2008 The SC affirmed the COA decision which determined that the Floyd Circuit Court had incorrectly determined the date from which interest should be calculated on a judgment of restitution...
CRIMINAL: Ineffective assistance of counsel: PARRISH V. COM. (SC 9/18/2008)
Posted on November 16, 2008PARRISH V. COM.CRIMINAL: Ineffective assistance of counsel2006-SC-000592-MR.pdfPUBLISHED: AffimringOpinion by Noble; Abramson not sittingJefferson Date Rendered: 9/18/2008SC affirmed Jefferson Circuit Court's denial of Defendant's RCr 11.42 motion to vacate death sentence...
UPCOMING AOC EVENTS
Posted on November 10, 2008November 13, 2008Guardian ad Litem Training Seminar November 14, 2008Court Records Retention Committee to meet in Frankfort November 19, 2008Jefferson County Commission on Racial Fairness Meeting November 21, 2008Guardian ad Litem Training Seminar
Good time prison credit and statute not retroactive: NOLAND v. DEPARTMENT OF CORRECTIONS (COA 9/12/2008)
Posted on November 10, 2008NOLAND v. DEPARTMENT OF CORRECTIONS CRIMINAL: Good time credit 2007-CA-002411 Published: Affirming Panel: Acree presiding; Dixon concurs; Taylor concurs in result only Franklin County Date Rendered: 9/12/2008 The Court affirmed an order of the circuit court dismissing appellant?s petition for declaration of rights seeking to compel the Department of Corrections to credit time spent on parole against his imposed sentence after his parole was revoked...
Child support miscalculation, abatement, and EIC: BRAUSCH v. BRAUSCH (COA 9/12/2008)
Posted on November 10, 2008BRAUSCH v. BRAUSCH FAMILY LAW: Child support miscalculation, abatement, and EIC 2007-CA-002198 Published: Affirming Panel: Thompson presiding; Vanmeter, Henry concur Kenton County Date Rendered: 9/25/2008 Dad appealed from TC?s order awarding child support (?CS?) to Mom, arguing that TC miscalculated CS owed; TC erroneously refused to abate CS during his summer parenting time; and TC should have included the earned income tax credit (EIC) and additional child tax credit received by Mom in its CS calculation...
Search and seizure (plain view); Traffic stop and stereotypes: ROGERS v. COMMONWEALTH (COA 9/12/2008)
Posted on November 10, 2008ROGERS v. COMMONWEALTH CRIMINAL: Search and seizure (plain view); Traffic stop and stereotypes 2007-CA-001579 Published: Affirming Panel: Dixon presiding; Combs, Lambert concur Fayette County Date Rendered: 9/12/2008 The Court affirmed appellants? convictions following a joint jury trial...
Termination of open-ended maintenance: CASTLE V. CASTLE (COA 9/12/2008)
Posted on November 10, 2008CASTLE V. CASTLE FAMILY LAW: Termination of open-ended maintenance 2007-CA-001238 Published: Affirming Panel: Lambert presiding; Taylor, Buckingham Concur Greenup County Date Rendered: 9/12/2008 The parties were married for twenty-five (25) years. There was no separation agreement between the parties, but a Domestic Relations Commissioner?s report was confirmed by the lower court...
Attorneys fees and prejudgment interest in USCPA: TENNESSEE FARMERS MUT. INS. CO. v. JONES (COA 9/12/08)
Posted on November 10, 2008TENNESSEE FARMERS MUTUAL INS. CO. v. JONES INSURANCE: Attorneys fees and prejudgment interest award affirmed in UCSPA Claim 2007-CA-000911 Published: Affirming Panel: Lambert presiding; Dixon, Stumbo Concur Whitley County Date Rendered: 9/12/2008 The Court affirmed a circuit court judgment finding personal jurisdiction against the appellant Tennessee insurer and awarding attorney?s fees and prejudgment interest to appellee on a claim for that the insurer violated the Kentucky Unfair Claims Settlement Practices Act, KRS 304...
Step-parent like adoptions for same-sex couples not sanctioned by statute: S.J.L.S. v. T.L. S. (COA 9/12/2008)
Posted on November 10, 2008S.J.L.S. v. T.L. S. FAMILY LAW: Step-parent-like adoption 2006-CA-001730 Published: Affirming in part, reversing in part, and remading Panel: Clayton Presiding; Lambert concurs; Keller concurs in result only Jefferson County Date Rendered: 9/12/2008 As part of the life plan of two women, S gave birth to a child named ?Z? by artificial insemination from a donor selected by T...
ARGUMENTS: Briefs filed for cases to be heard by SCOKY in Nov. 2008
Posted on November 03, 2008Thanks to the Chase Law School for filing and making available the briefs filed for cases to be heard by SC in November. Click here for the cases and issues as filed by the Supremes.TO BE ARGUED Nov 21, 20089:00a Kentucky Retirement Systems v. Bowens, 2007-SC-509Appellant's BriefAppellee's BriefAppellant's Reply Brief10:00a Commonwealth v...
Unqualified right to jury trial: KNIGHT V. HAZARD COAL CORP. (COA 9/5/2008)
Posted on November 02, 2008KNIGHT V. HAZARD COAL CORP. CIVIL: Right to jury trial is unqualified 2007-CA-001712 TO BE PUBLISHED: REVERSING AND REMANDING PANEL: DIXON PRESIDING; LAMBERT, STUMBO CONCUR PERRY COUNTY DATE RENDERED: 9/5/2008 Appellants appeal from the Perry Circuit Court?s Findings of Fact, Conclusions of Law and Judgment in this dispute over the use of a coal haul road...
Real property (auction, merger, and reformation of deed): PRICE V. GODBY (COA 9/5/2008)
Posted on November 02, 2008PRICE v. GODBYREAL PROPERTY: Auction, merger, and reformation of deed 2007-CA-001347TO BE PUBLISHED: Reversing and RemandingPANEL: Stumbo Presiding; Dixon, Nickell concurCOUNTY: Pulaski Cir. Ct.DATE RENDERED: 9/5/2008 STUMBO, JUDGE:The appellant/vendor entered into an auction sales contract with Godby wherein he would sell at auction Appellant's forty-acre farm...
PROPERTY: Tax assessments, foreclosures, right of redemption (and their assignments): HUMBERT MORTGAGE, INC. v. REDELL (COA 9/5/2008)
Posted on November 02, 2008HUMBERT MORTGAGE, INC. v. REDELL PROPERTY: Tax assessments, foreclosures, right of redemption (and their assignments) 2007-CA-000948TO BE PUBLISHED: AffirmingPANEL: Buckingham Presiding; Stumbo concurs; Capterton concurs filing separate opinionCOUNTY: Boone Cir...
INSURANCE: Rescission of insurance contract based upon false statement on application: RUDOLPH v. SHELTER INSURANCE COMPANIES (COA 9/5/2008)
Posted on November 02, 2008RUDOLPH v. SHELTER INSURANCE COMPANIESINSURANCE: Rescission of insurance contract based upon false statement on application2007-CA-000799NOT TO BE PUBLISHED: VACATING AND REMANDING PANEL: CLAYTON PRESIDING; DIXON, GRAVES CONCUR GRAVES CIR. CT.; JUDGE STARK DATE RENDERED: 9/5/2008 CLAYTON, JUDGE: Trial court granted summary judgment in favor of insurer seeking to rescind homeowner's insurance policy based upon misrepresentation in the insurance application...
Supreme Court Argument Calendar for November 2008
Posted on November 02, 2008November 2008 Supreme Court Argument Calendar
COA Argument Calendar for November 2008
Posted on November 02, 2008COA Argument Calendar for November 2008
FAMILY LAW: Domestic violence order supported by underlying conviction for offenses: VALENTINE V. HORAN (COA 9/5/2008)
Posted on November 02, 2008VALENINE V. HORAN FAMILY LAW: Domestic violence order supported by underlying conviction for offenses 2007-CA-002010 TO BE PUBLISHED: AFFIRMING PANEL: LAMBERT PRESIDING; STUMBO, THOMPSON CONCUR JEFFERSON COUNTY DATE RENDERED: 9/5/2008 LAMBERT, J: Greg Valentine appeaed an emergency protective order (EPO) and a domestic violence order (DVO) entered by the family court...
Minutes for Kentucky Court of Appeals for Oct. 31, 2008 (COA 2008:53)
Posted on November 01, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 26 rendered decisions - Numbered 1240-1265 with 5 published decisions (1243; 1253; 1257; 1261; 1262)
COA MINUTES: Minutes for Kentucky Court of Appeals for Oct. 24, 2008 (COA 2008:52)
Posted on October 26, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 27 rendered decisions - Numbered 1213-1239 with 2 published decisions (1235; 1238)
SCOKY MINUTES: Minutes for Kentucky Supreme Court for October 23, 2008 (2008:51)
Posted on October 26, 2008Click here for minutes at AOC with links to full text of each decision 30 rendered decisions: 204-233 13 published (204-216) 7 disciplinary matters Minutes List of all published and nonpublished SCOKY decisions with links to the full text of the decision posted at web site plus orders regarding dismissals, extraordinary writs, discretionary review.
COA MINUTES: Minutes for Kentucky Court of Appeals for Oct. 17, 2008 (COA 2008:50)
Posted on October 26, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 23 rendered decisions - Numbered 1190-1212 with 5 published decisions (1190; 1197; 1200; 1207)
MINUTES (COA): Minutes for Kentucky Court of Appeals for Oct. 10, 2008 (COA 2008:49)
Posted on October 26, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 27 rendered decisions - Numbered 1163-1189 with 34 published decisions (1169, 1182, 1188)
Preexisting nonconforming use exception applied in zoning case: LEGRAND v. EUBANK (COA 8/29/2008)
Posted on October 26, 2008LEGRAND v. EUBANKZONING: Pre-existing nonconforming use exception upheld 2007-CA-001770 PUBLISHED: AFFIRMINGPANEL: THOMPSON PRESIDING; VANMETER, HENRY CONCURGALLATIN CIRCUIT COURT: DATE RENDERED: 8/29/2008 THOMPSON, Judge. his is an appeal from an order of the Gallatin Circuit Court that affirmed a ruling by the Gallatin Board of Adjustments (Board) that Nugent Sand Company had nonconforming-use rights to conduct sand and gravel mining operations on all lands it owned that were under permit at the time Gallatin County adopted comprehensive planning and zoning provisions...
Damages for estate of infant who died during delivery include loss of future earnings: MAYSVILLE OBSTETRIC V. LEE (COA 8/29/2008)
Posted on October 26, 2008MAYSVILLE OBSTETRIC V. LEETORTS: Medical negligence verdict affirmed; Damages arising from infant's death during delivery include loss of power to labor and earn money 2007-CA-001616 PUBLISHED: AFFIRMING IN PART AND REVERSING AND REMANDING IN PART PANEL: LAMBERT PRESIDING; COMBS, DIXON CONCURMASON CIRCUIT COURT; DATE RENDERED: 8/29/2008 LAMBERT, Judge...
Law of case doctrine not limit remand of earlier decision under facts of the case: MKJ v. BOURBON COUNTY BOARD OF EDUCATION (COA 8/29/2008)
Posted on October 26, 2008MKJ v. BOURBON COUNTY BOARD OF EDUCATION APPEALS: Law of case doctrine not applied to the facts of case in remand permitting issues not addressed on appeal to be prosecuted against school board 2007-CA-000832 PUBLISHED: REVERSING AND REMANDING PANEL: BUCKINGHAM PRESIDING; CAPTERTON, STUMBO CONCUR BOURBON CIRCUIT COURT; DATE RENDERED: 8/29/2008 BUCKINGHAM, Senior Judge...
SCOKY Discretionary Reviews Granted for Oct. 2008
Posted on October 26, 2008COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW ? OCTOBER 15, 2008 LABOR READY, INC., ET AL. V. WANDA SUE JOHNSTON 2007-SC-000419-DG JEFFERSON COA Decision: 2005CA001587 Issues: Workers compensation exclusive remedy, immunity, and indemnity Labor Ready: Attorney - Elizabeth Ulmer Mendel Johnston: Attorney - Timothy R...
COA ARGUMENTS: Kentucky Court of Appeals Calendar for Oct. 30, 2008 in Northern Kentucky - open to public
Posted on October 22, 2008FRANKFORT, Ky., Oct. 22, 2008 - The Kentucky Court of Appeals will hear oral arguments in four cases Thursday, Oct. 30, at Northern Kentucky University Chase Law School in Highland Heights. Proceedings are open to the public. A three-judge panel consisting of Court of Appeals Judges Joy A...
Testing to rule out exposure to potentially hazardous body fluids covered by workers compensation: KESA v. LEXINGTON DIAGNOSTIC CENTER (COA 8/29/2008)
Posted on October 22, 2008KESA v. LEXINGTON DIAGNOSTIC CENTER WORKERS COMPENSATION: Medical workers exposed to potentially hazardous bodily fluids constituted an injury and employer liable for medical expenses for testing and followup testing 2007-CA-002360 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; COMBS, ACREE CONCUR DATE RENDERED: 8/29/2008 THOMPSON, J: This is a medical fee dispute in which Kentucky Employers Safety Association (KESA) appeals from an opinion and order of the Administrative Law Judge (ALJ), which held KESA responsible for medical fees incurred by Lee Kirkland, an employee of Lexington Diagnostic Center...
Newly discovered DNA evidence warranted new trial in criminal conviction: BEDINGFIELD V. COM. (SC 8/21/2008)
Posted on October 21, 2008LACY BEDINGFIELD v. COMMONWEALTHCRIMINAL: New DNA evidence warranted new trial and constituted "good cause" under CR2007-SC-000128-DG.pdfPUBLISHED: REVERSINGOPINION BY SCOTT; VENTERS NOT SITTINGFRANKLIN COUNTYDATE RENDERED: 8/21/2008; 9/17/2008 In this discretinary review, the SC noted the underlying judgment upon which Appellant's motion rests, concerns his 1996 conviction of rape in the first degree and of being a persistent felony offender...
Complaint timely filed upon delivery to clerk even tho summons issues after time period: NANNY V. SMITH (SC 8/21/2008)
Posted on October 21, 2008DONNA NANNY v. JENNIFER SMITHCIVIL PROCEDURE: Complaint timely filed when delivered to the clerk within statute of limitations even though clerk delayed filing case and issuing summons after the time period (under the circumstances of this case)2006-SC-000833-DG...
Blockburger test applied in double jeopardy re sexual assaults: CLARK V. COM. (SC 8/21/2008)
Posted on October 21, 2008DAVID A. CLARK V. COMMONWEALTHCRIMINAL: Double jeopardy, Blockburger Test applied2005-SC-000862-MR.pdfPUBLISHED: Affirming in part and Reversing in PartOPINION BY SCOTT; VENTERS NOT SITTINGFROM HARDIN COUNTYDATE RENDERED: 8/21/2008 Appellant, David A...
Identification of donors to public university foundation in open records request: CAPE PUBLICATIONS, INC. d/b/a COURIER JOURNAL v. UNIVERSITY OF LOUISVILLE FOUNDATION, INC. (SC 8/21/2008)
Posted on October 21, 2008CAPE PUBLICATIONS, INC. d/b/a COURIER JOURNAL v. UNIVERSITY OF LOUISVILLE FOUNDATION, INC.GOVERNMENT: Open records request and identification of donors to foundation disclosed2005-SC-000454-DG.pdfPUBLISHED: AFFIRMING IN PART, REVERSING IN PARTOPINION BY CUNNINGHAM; MINTON CONCURS IN PART BUT ALSO DISSENTS IN PART; SCOTT CONCURS IN PART AND DISSENTS IN PART BY SEPARATE OPINION; VENTERS NOT SITTINGFROM JEFFERSON COUNTYDATE RENDERED: 8/21/2008; 9/17/2008 The Courier-Journal newspaper appeals a decision of the Court of Appeals denying an open records request directed to the University of Louisville Foundation, Inc...
Treating physician's testimon given no greater weight in workers compensation claim: ANDREA SUE SWEENEY v. KING'S DAUGHTERS MEDICAL CENTER (SC 8/21/2008)
Posted on October 21, 2008ANDREA SUE SWEENEY v. KING'S DAUGHTERS MEDICAL CENTERWORKERS COMP: Treating physician's testimony not to be given greater weight2007-SC-000885-WC.pdfPUBLISHED: AFFIRMINGOPINION OF THE COURTDATE RENDERED: 8/21/2008; 9/17/2008 An Administrative Law Judge (ALJ) dismissed the claimant's application for benefits, finding that she failed to show a permanent, work-related injury...
Reopening workers compensation claim, evidence needed: ST. JOSEPH HOSP. v. PAMELA LITTLETON-GOODAN (SC 8/21/2008)
Posted on October 21, 2008ST. JOSEPH HOSP. v. PAMELA LITTLETON-GOODANWORKERS COMP: Evidence considered in re-opening of claim2007-SC-000688-WC.pdfPUBLISHED: AFFIRMINGOPINION OF THE COURT; VENTERS NOT SITTINGDATE RENDERED: 8/21/2008; 9/17/2008 When deciding the reopening that is the subject of this appeal, the Administrative Law Judge (ALJ) relied on a Form 107 medical report that accompanied the claimant's initial application for benefits although neither party designated it as being part of the evidence at reopening...
Wage computation in workers compensation for profit sharing income: PENDYGRAFT V. FORD MOTOR CO. (SC 8/21/2008)
Posted on October 21, 2008SARA PENDYGRAFT V. FORD MOTOR CO.WORKERS COMP: Computation of wages in profit-sharing 2007-SC-000658-WC.pdfPUBLISHED: AFFIRMINGOPINION OF THE COURT; VENTERS NOT SITTINGDATE RENDERED: 8/21/2008; 9/17/2008 The injured workers' compensation claimant sought review of decision from Workers' Compensation Board, in which the Board included profit-sharing bonuses in the claimants pre-injury and post-injury average weekly wage and, on that basis, the WCB had found the claimant was not eligible for a double income benefit...
Moped a "motor vehicle" under DUI statute: ADAMS v. COMMONWEALTH (COA 8/22/2008)
Posted on October 21, 2008ADAMS v. COMMONWEALTH CRIMINAL: Moped considered motor vehicle for DUI purposes 2007-CA-002504 PUBLISHED: AFFIRMING PANEL: VANMETER PRESIDING; WINE, LAMBERT CONCUR MADISON COUNTY; JUDGE ADAMS DATE RENDERED: 8/22/2008 VANMETER, J: James Adams entered a conditional plea of guilty to charges of driving under the influence (fourth offense), and driving on a license suspended for DUI (second offense)...
Paramedics not covered under Good Samaritan statute in case of first impression: COOK v. TAYLOR (COA 8/22/2008)
Posted on October 21, 2008COOK v. TAYLOR TORTS: Paramedics and EMT are not covered under Good Samaritan Statute (in case of first impression) 2007-CA-000122 PUBLISHED: REVERSING AND REMANDING PANEL: LAMBERT PRESIDING; CAPERTON, THOMPSON CONCUR ANDERSON COUNTY; JUDGE HICKMAN DATE RENDERED: 8/22/2008 LAMBERT, J: On May 11, 2006, David Cook became lightheaded as he was driving home from work and pulled to the side of the road...
Discrimination claim by tenured track college faculty member not upheld: MCBREARTY v. KENTUCKY COMMUNITY AND TECHNICAL COLLEGE SYSTEM (COA 8/22/2008)
Posted on October 21, 2008MCBREARTY v. KENTUCKY COMMUNITY AND TECHNICAL COLLEGE SYSTEMEMPLOYMENT LAW: Discrimination and disparate treatment claim not upheld2006-CA-002621PUBLISHED: AFFIRMINGPANEL: CAPTERTON PRESIDING; LAMBERT, THOMPSON CONCURSFAYETTE COUNTY; JUDGE ISHMAELDATE RENDERED: 8/22/2008 CAPERTON, J: This appeal arises when a community college faculty member's contract was not renewed and filed a claim for retaliation...
Profit sharing and wage calculation in workers compensation claim: SARA PENDYGRAFT V. FORD MOTOR CO (SC 8/21/2008)
Posted on October 20, 2008SARA PENDYGRAFT V. FORD MOTOR CO.WORKERS COMP: Computation of wages in profit-sharing 2007-SC-000658-WC.pdf PUBLISHED: AFFIRMING OPINION OF THE COURT; VENTERS NOT SITTING DATE RENDERED: 8/21/2008; 9/17/2008 The injured workers' compensation claimant sought review of decision from Workers' Compensation Board, in which the Board included profit-sharing bonuses in the claimants pre-injury and post-injury average weekly wage and, on that basis, the WCB had found the claimant was not eligible for a double income benefit...
Failure to strictly comply with notice of termination of TTD tolls SOL: KENTUCKY CONTAINER SERVICE, INC. V. KENNETH ASHBROOK (SC 8/21/2008)
Posted on October 20, 2008KENTUCKY CONTAINER SERVICE, INC. V. KENNETH ASHBROOKWORKERS COMP: Statute of limitations tolled by employer's failure to strictly comply with notice of termination of TTD benefits 2007-SC-000533-WC.pdf PUBLISHED: AFFIRMING; OPINION OF THE COURT; VENTERS NOT SITTING DATE RENDERED: 8/21/2008 In this workers compensation appeal, the Supreme Court affirmed the COA and held that the two-year limitations period for filing a workers compensation claims was tolled by the employer's failure to strictly comply with statutes governing notice of termination of temporary total disability benefits...
No error in "all for one package" deal in criminal case: KENNETH CAMPBELL V. COM. (SC 8/21/2008)
Posted on October 20, 2008KENNETH CAMPBELL V. COM.CRIMINAL: No error for "all for one package deal"; juror was present but not answer roll call could serve; inoperability of firearm and sentence enhancement 2007-SC-000382-MR.pdf PUBLISHED: AFFIRMING OPINION OF THE COURT; VENTERS NOT SITTING BRECKINRIDGE COUNTY DATE RENDERED: 8/21/2008; 9/17/2008 THis was a criminal "matter of right" appeal by two defendants with SCOKY affirming the circuit court judgment...
Issue mooted on appeal: THE MEDICAL VISION GROUP, PSC V. HON. TIMOTHY N. PHILPOT (SC 8/21/2008)
Posted on October 20, 2008THE MEDICAL VISION GROUP, PSC V. HON. TIMOTHY N. PHILPOTCIVIL: Issue was mooted pending appeal and thus no actual case or controversy; COA engaged in improper fact-finding 2008-SC-000017-MR.pdf PUBLISHED: DISMISSING AS MOOT OPINION BY ABRAMSON; VENTERS NOT SITTING FAYETTE COUNTY DATE RENDERED: 8/21/2008 This appeal involved two business asking the Kentucky Court of Appeals for a writ prohibiting circuit court judge from appointing a receiver to oversee both business entities and from asserting external judicial control over the businesses' accounts and assets...
COA ARGS: Court of Appeals to hear arguments in Murray on Oct. 14
Posted on October 12, 2008FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in two cases Tuesday, Oct. 14, at the Calloway County Judicial Building in Murray. Proceedings will be open to the public. A three-judge panel consisting of Court of Appeals Chief Judge Sara Walter Combs and Court of Appeals Judges Donna L...
CRIMINAL: Search and seizure investigatory stop of known drug trafficker approaching vehicle in middle of road at night and in high crime area was based upon reasonable articulable suspicion: MORRIS V. COM. (COA 8/15/2008)
Posted on October 07, 2008MORRIS V. COM. CRIMINAL: Search and seizure investigatory stop of known drug trafficker approaching vehicle in middle of road at night and in high crime area was based upon reasonable articulable suspicion 2007-CA-001571 PUBLISHED: AFFIRMING PANEL: LAMBERT PRESIDING; COMBS, DIXON CONCUR FAYETTE COUNTY DATE RENDERED: 8/15/2008 CA affirmed TC's denial of Morris' motion to suppress alleging a lack of reasonable suspicion...
WORKERS COMP: Agriculture did not include logging operation for workers compensation coverage: COM. OF KENTUCKY V. GUSSLER (COA 8/8/2008)
Posted on October 06, 2008COM. OF KY. V. GUSSLER WORKERS COMP: Agriculture did not include logging operation for workers compensation coverage 2008-CA-000482 PUBLISHED: AFFIRMING PANEL: CAPERTON PRESIDING; VANMETER, GUIDUGLI CONCUR WCB DATE RENDERED: 8/8/2008 On appeal, the Uninsured Employers? Fund (UEF) argues that the Board erred in overturning the ALJ, thereby excluding Williams? tree harvesting activities from the definition of agriculture...
REVENUE AND TAXATION: Time limits for contesting real property evaluation for tax purposes not met by property owner: COM. OF KENTUCKY V. CROMWELL LOUISVILLE ASSOCIATES (COA 8/8/2008)
Posted on October 06, 2008COM. OF KY. V. CROMWELL LOUISVILLE ASSOCIATES REVENUE AND TAXATION: Time limits for contesting real property evaluation for tax purposes 2007-CA-001128 PUBLISHED: REVERSING AND REMANDING PANEL: COMBS PRESIDING; KELLER, HENRY CONCUR JEFFERSON COUNTY DATE RENDERED: 8/8/2008 COMBS, CHIEF JUDGE: This appeal arose from a contested a 2001 real property tax valuation...
TORTS: Vicarious liability not found in facts of this case; dismissal affirmed against business who exercised no control over driver who was doing a gratuitious errand for the business: BROOKS V. GRAMS, INC. (COA 8/8/2008)
Posted on October 06, 2008BROOKS V. GRAMS, INC.TORTS: Vicarious liability not found in facts of this case; dismissal affirmed against business who exercised no control over driver who was doing a gratuitious errand for the business 2007-CA-001087 PUBLISHED: AFFIRMINGPANEL: WINE PRESIDING; CAPTERON, KELLER CONCURLINCOLN COUNTYDATE RENDERED: 8/8/2008 WINE, JUDGE: This lawsuit arises from a personal injury claim by the "Brooks" arising from a car accident against Ferand Dillingham (?Ferand?)...
CRIMINAL: Evidence (hearing on competency of witness; opinion testimony regarding witness's defects; use of writings to refresh recollection): NICELY V. COM. (COA 8/8/2008)
Posted on October 06, 2008NICELY V. COM. CRIMINAL: Evidence (hearing on competency of witness; opinion testimony regarding witness's defects; use of writings to refresh recollection) 2007-CA-000576 PUBLISHED: AFFIRMING PANEL: VANMETER PRESIDING; THOMPSON, HENRY CONCUR KENTON COUNTY DATE RENDERED: 8/8/2008 VANMETER JUDGE: Defendant's criminal conviction sentencing him to fourteen years? imprisonment for attempt to commit murder was affirmed by COA...
ARGUMENTS: Kentucky Court of Appeals will hear oral arguments Oct. 14 in Murray
Posted on October 06, 2008FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in two cases Tuesday, Oct. 14, at the Calloway County Judicial Building in Murray. Proceedings will be open to the public. A three-judge panel consisting of Court of Appeals Chief Judge Sara Walter Combs and Court of Appeals Judges Donna L...
WORKERS COMP: Injured claimant found to be employee and not independent contractor and thus could make workers compensation claim: PIKE COUNTY BOARD OF EDUCATION V. MILLS (COA 8/1/2008)
Posted on October 05, 2008PIKE COUNTY BOARD OF EDUCATION V. MILLS WORKERS COMP: Employment relationship 2008-CA-000149 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; KELLER , GRAVES CONCUR WCB DATE RENDERED: 8/1/2008 Mills was hired on a contract basis to direct the color guard at Shelby Valley High School, however, he was hired by the band director and never by the superintendent of the Board of Education...
Independent contractor has no employee discrimination claim since not an employee:STEILBERG V. C2 FACILITY SOLUTIONS, LLC (COA 8/1/2008)
Posted on October 05, 2008STEILBERG V. C2 FACILITY SOLUTIONS, LLC EMPLOYMENT LAW: Employee discrimination claim failed by claim of independent contractor 2007-CA-001500 PUBLISHED: AFFIRMING PANEL: COMBS PRESIDING; KELLER, HENRY CONCUR JEFFERSON COUNTY DATE RENDERED: 8/1/2008 Lucy Craig Steilberg appeals from a summary judgment and order of the Jefferson Circuit Court dismissing her claims against C2 Facility Solutions, LLC and Dale A...
UIM carrier not able to recover advance from liabilit insurer when tortfeasor goes bankrupt: AUTO OWNERS INS. CO. V. OMNI INDEMNITY CO. (COA 8/1/2008)
Posted on October 05, 2008AUTO OWNERS INS. CO. V. OMNI INDEMNITY CO. INSURANCE: Underinsured (UIM) motorist benefits and "Coots" advance 2007-CA-001165 PUBLISHED: AFFIRMING PANEL: HENRY PRESIDING; COMBS, KELLER CONCUR JEFFERSON COUNTY DATE RENDERED: 8/1/2008 The tort victim?s underinsured motorist carrier, Auto Owners Insurance Co...
ARBITRATION: Separation doctrine on fraud and enforceability of mandatory arbitration clause in contract not unconstitution and not violative of jural rights (which does not apply): DUTSCHKE V. JIM RUSSELL REALTORS, INC. (COA 8/1/2008)
Posted on October 05, 2008DUTSCHKE V. JIM RUSSELL REALTORS, INC. ARBITRATION: Separation doctrine on fraud and enforceability of mandatory arbitration clause in contract; arbitration clause does not violate jural rights doctrine which does not apply to arbitration clauses; and clause does not violate right to jury trial 2007-CA-001146 PUBLISHED: AFFIRMING PANEL: HENRY PRESIDING; KELLER CONCURS; COMBS CONCURS IN RESULT FILING SEP...
CRIMINAL: Defendant found to have no standing to challenge KRS 189A.010(2) constitutionality since not harmed by changes in law: VELTROP V. COM. (COA 8/1/2008)
Posted on October 05, 2008VELTROP V. COM. CRIMINAL: DUI, standing 2007-CA-000385 PUBLISHED: AFFIRMING PANEL: BUCKINGHAM PRESIDING; MORE CONCURS; WINE CONCURS WITH SEP. OP. BARREN COUNTY DATE RENDERED: 8/1/2008 CA rejected Defendant's challenge to KRS 189A.010(2) as unconstitutional alleging it violated the separation of powers principle by unilaterally adopting amendments or additions to the Kentucky Rules of Evidence (KRE)...
FAMILY LAW: Guardianship Custody Between Non-parents: MCCARY V. MITCHELL (COA 8/1/2008)
Posted on October 05, 2008MCCARY V. MITCHELL FAMILY LAW: Guardianship Custody Between Non-parents 2007-CA-000322 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; COMBS, ACREE CONCUR GRAVES COUNTY DATE RENDERED: 8/1/2008 The Mitchells, maternal aunt and uncle of B.E.M., petitioned the court to be appointed guardians and conservators of the estate of their niece...
Arbitration agreement found unenforceable when signed by person not having authority in nursing home admission and apparent authority nor heath care surrogacy rendered person with authority: MT. HOLLY NURSING CENTER V. CROWDUS (COA 7/25/2008)
Posted on October 05, 2008MT. HOLLY NURSING CENTER, V. CROWDUS ARBITRATION: 2007-CA-001708 PUBLISHED: AFFIRMING PANEL: KELLER PRESIDING; COMBS, HENRY CONCUR JEFFERSON COUNTY DATE RENDERED: 7/25/2008 This case evolves around a mandatory arbitration agreement signed at the time of a nursing home admission, and the nursing home seeking to enforce that arbitration agreement for claims of negligence against the home by the resident...
CRIMINAL: Nondisclosed information by prosecutor deemed immaterial under facts; funding of eyewitness experts: SHEGOG VS. COMMONWEALTH (COA 7/25/2008)
Posted on October 05, 2008SHEGOG VS. COMMONWEALTH CRIMINAL: RCr 11:42; expert funding 2007-CA-000680 PUBLISHED: AFFIRMING PANEL: ROSENBLUM PRESIDING; NICKELL, THOMPSON CONCUR CAMPBELL COUNTY DATE RENDERED: 7/25/2008; 9/18/2008 CA affirmed Circuit Court's denial of Defendant's RCr 11...
Arbitration agreement found unconscionable by containing waiver of substantial rights: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. ABNER (COA 7/25/2008)
Posted on October 05, 2008MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. VS. ABNER ARBITRATION AGREEMENTS: Enforceability 2007-CA-000574 PUBLISHED: AFFIRMING PANEL: DIXON PRESIDING; ACREE, TAYLOR CONCUR MADISON COUNTY DATE RENDERED: 7/25/2008 The trial court denied appellant's motion to compel arbitration finding the arbitration agreement to be unconscionable...
CRIMINAL: Plea agreements: JONES V. COMMONWEALTH (COA 7/25/2008)
Posted on October 05, 2008JONES V. COMMONWEALTH CRIMINAL: Plea agreements 2007-CA-000235 PUBLISHED: AFFIRMING IN PART, REVERSING AND REMANDING IN PART PANEL: MOORE PRESIDING; COMBS, CAPERTON CONCUR LIVINGSTON COUNTY DATE RENDERED: 7/25/2008 Chris Jones appeals the Livingston Circuit Court?s judgment convicting him of flagrant non-support...
Appeals: Divestment of jurisdiction pending appeal: YOUNG v. RICHARDSON (COA 7/25/2008)
Posted on October 05, 2008YOUNG V. RICHARDSON APPEALS: Divestment of jurisdiction pending appeal 2006-CA-002441 PUBLISHED: REVERSING AND REMANDING PANEL: HENRY PRESIDING; STUMBO, TAYLOR CONCUR MARION COUNTY DATE RENDERED: 7/25/2008; 10/2/2008 Very complicated case that boils down to one basic principle: two courts can't exercise jurisdiction over the same issue at the same time...
Criminal Trial and Prosecutorial Misconduct: GAINVES v. COM. (COA 7/25/2008)
Posted on October 05, 2008GAINES V. COM. CRIMINAL: Prosecutorial misconduct 2006-CA-000861 PUBLISHED: AFFIRMING IN PART, VACATING IN PART AND REMANDING PANEL: THOMOPSON PRESIDING; CAPTERTON CONCURS AND LAMBERT DISSENTS BUT FILES SEP. OP. COUNTY: PENDLETON DATE RENDERED: 7/25/2008 CA affirmed Gaines' drug-related convictions but remanded for resentencing following prosecutor's "send a message" closing argument...
Minutes for Kentucky Court of Appeals for Oct. 3, 2008 (COA 2008:48)
Posted on October 04, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 29 rendered decisions - Numbered 1134-1162 with 4 published decisions (1142; 1145; 1147; 1148)
Minutes for Kentucky Court of Appeals for Sept. 26, 2008 (COA 2008:47)
Posted on October 04, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 31 rendered decisions - Numbered 1103-1133 with 5 published decisions (1103; 1113; 1124; 1128; 1133)
ARGUMENTS: Kentucky Court of Appeals will hear oral arguments Oct. 8 in Lexington
Posted on October 01, 2008For Immediate Release Kentucky Court of Appeals will hear oral arguments Oct. 8 in Lexington Proceedings will be open to the public FRANKFORT, Ky., Sept. 30, 2008 - The Kentucky Court of Appeals will hear oral arguments in three cases Wednesday, Oct. 8, at the Robert F...
SCOKY Oct. 2008 Oral Argument Calendar (with links to the briefs added)
Posted on September 30, 2008New Page 4 SUPREME COURT OF KENTUCKY ORAL ARGUMENT CALENDAR OCTOBER 2008 The AOC calendasr can be located here. The briefs are found at the Chase School of Law at NKU. WEDNESDAY, OCTOBER 15, 2008 9:00 a.m. CHAPPELL, ET AL., V. KUHLMAN ELECTRIC CORP. (2006-SC-140-DG) AND (CROSS-MOTION) KUHLMAN ELECTRIC CORP...
CRIMINAL: Probation revocation: LUCAS V. COMMONWEALTH (COA 7/18/2008)
Posted on September 29, 2008LUCAS V. COMMONWEALTH CRIMINAL: Probation revocation 2007-CA-000321 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; CAPERTON, LAMBERT CONCUR HARDIN COUNTY DATE RENDERED: 7/18/2008 The trial court?s decision to revoke Lucas? probation was not an abuse of discretion...
CRIMINAL: Search and seizure; curtilage: PHILLIPS V. COMMONWEALTH (COA 7/18/2008)
Posted on September 29, 2008PHILLIPS V. COMMONWEALTH CRIMINAL: Search and seizure; curtilage2006-CA-001230PUBLISHED: AFFIRMINGPANEL: LAMBERT PRESIDING; KELLER CONCURS; STUMBO DISSENTS BY SEP. OPINIONMASON COUNTYDATE RENDERED: 7/18/2008Steven Phillips appeals from a conviction of cultivation of marijuana, trafficking in marijuana, possession of drug paraphernalia, and possession of marijuana...
WORKERS COMPENSATION: Future Medical Treatment without permanent impairment: WHITE v. GREAT CLIPS (COA 7/18/2008)
Posted on September 29, 2008WHITE v. GREAT CLIPS WORKERS COMPENSATION: Future Medical Treatment without permanent impairment 2007-CA-001855 PUBLISHED: AFFIRMING IN PART, VACATING IN PART, AND REMANDING PANEL: THOMPSON PRESIDING; TAYLOR, BUCKINGHAM CONCUR WORKERS COMPENSATION BOARD DATE RENDERED: 7/18/2008 The ALJ found that the claimant's upper and lower back injuries caused her no permaent impairment, but awarded future medical treatment for those conditions...
WORKERS COMPENSATION: Asbestosis and statute of limitations: AK STEEL CORP. v. POLLITT (COA 7/18/2008)
Posted on September 29, 2008AK STEEL CORP. v. POLLITT WORKERS COMPENSATION: Asbestosis and statute of limitations 2007-CA-001698 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; NICKELL CONCURS, VANMETER DISSENTS AND FILES SEP. OPINION WORKERS COMPENSATION BOARD DATE RENDERED: 7/18/2008 Asbestosis and statute of limitations - The claimant last worked at AK Steel in 1992, where he was exposed to asbestos...
Fraud, consumer protection act and purchase of truck: KEETON v. LEXINGTON TRUCK SALES, INC. (COA 7/18/2008)
Posted on September 29, 2008KEETON v. LEXINGTON TRUCK SALES, INC. TORTS: FRAUD, Consumer Protection Act 2007-CA-001576 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART AND REMANDING PANEL: ACREE PRESIDING; VANMETER, WINE CONCUR FAYETTE COUNTY DATE RENDERED: 7/18/2008 Keeton appeals the TC's entry of summary judgment for Lexington Truck Sales (LTS) on Keeton's numerous claims that included fraud, Kentucky Protection Act violations, Magnuson-Moss Warranty Act violations, and finally a violation of KRS 186A...
Ethics commission jurisdiction: LOUISVILLE/JEFFERSON COUNTY METRO ETHICS COMM. V. SCHARDEIN (COA 7/18/2008)
Posted on September 29, 2008LOUISVILLE/JEFFERSON COUNTY METRO ETHICS COMM. V. SCHARDEIN GOVERNMENT: Ethics commission 2007-CA-001356 PUBLISHED: AFFIRMING PANEL: VANMETER PRESIDING; CLAYTON, KNOPF CONCUR JEFFERSON COUNTY DATE RENDERED: 7/18/2008 The issue presented is whether the Metropolitan Sewer District (MSD) is an agency of the urban county government, Louisville Metro...
Board of Claims Action tolled pr KRS 413.270: COMMONWEALTH V. DOUGLAS (COA 7/18/2008)
Posted on September 29, 2008COMMONWEALTH v. DOUGLAS TORTS: BOARD OF CLAIM, Tolling the statute of limitations 2007-CA-000647 PUBLISHED: AFFIRMING PANEL: ACREE PRESIDING; NICKELL, BUCKINGHAM CONCUR FAYETTE COUNTY DATE RENDERED: 7/18/2008 Medical negligence claims filed by the estate against UK Hospital and the Chandler Medical Center were dismissed by the circuit court as being barred by sovereign immunity...
Minutes for Kentucky Court of Appeals for Sept. 19, 2008 (COA 2008:46)
Posted on September 21, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 18 rendered decisions - Numbered 1085-1102 with 4 published decisions (1086; 1093; 1097; 1098)
Minutes for Kentucky Supreme Court for Sept. 18, 2008 (2008:45)
Posted on September 21, 2008Click here for minutes at AOC with links to full text of each decision 23 rendered decisions: 181-203 7 published (181-187) 5 disciplinary matters Minutes List of all published and nonpublished SCOKY decisions with links to the full text of the decision posted at web site plus orders regarding dismissals, extraordinary writs, discretionary review.
Interpretation of Marital Settlement Agreement Re Life Insurance: DOWNS v. DOWNS (COA 7/11/2008)
Posted on September 16, 2008DOWNS v. DOWNSFAMILY LAW: Interpretation of Marital Settlement Agreement Re Life Insurance2007-CA-000979PUBLISHED: AFFIRMINGPANEL: CLAYTON PRESIDING; VANMETER, KNOPF CONCURJEFFERSON COUNTYDATE RENDERED: 7/11/2008At TC, Adult Child argued that per terms of Marital Settlement Agreement between his biological parents, a constructive trust should be imposed on deceased Dad?s life insurance proceeds...
Search and seizure; vehicle abandoned and reasonable expectation of privacy: WATKINS v. COM. (COA 7/11/2008)
Posted on September 16, 2008WATKINS v. COMMONWEALTHCRIMINAL: Search and seizure; vehicle abandoned and reasonable expectation of privacy2007-CA-000869PUBLISHED: AFFIRMINGPANEL: ACREE PRESIDING; VANMETER, WINE CONCURTODD COUNTYDATE RENDERED: 7/11/2008CA affirmed TC's denial of Watkins' motion to suppress evidence seized from his vehicle...
Certificate of insurance found not to have changed the terms of the policy: ANN TAYLOR, INC. v. HERITAGE INSURANCE SERVICES, INC. (COA 7/11/2008)
Posted on September 16, 2008ANN TAYLOR, INC. v. HERITAGE INSURANCE SERVICES, INC.INSURANCE: NEGLIGENT MISREPRESENTATION; CERTIFICATE OF INSURANCE; EXCLUSIONS2007-CA-000317PUBLISHED: AFFIRMINGPANEL: MOORE PRESIDING; KELLER, THOMPSON CONCURJEFFERSON COUNTYDATE RENDERED: 7/11/2008CA affirms SJ for insurance company and broker on property loss action...
WORKERS COMPENSATION: Opinion Withdrawn: WHITE V. GREAT CLIPS (COA 7/3/2008)
Posted on September 16, 2008WHITE V. GREAT CLIPSWORKERS COMPENSATION: Opinion Withdrawn2007-CA-001855 http://opinions.kycourts.net/coa/2007-CA-001477.pdfTO BE PUBLISHED: VACATING AND REMANDINGPANEL: THOMPSON PRESIDING; TAYLOR, BUCKINGHAM CONCURWORKERS COMPENSATIONDATE RENDERED: 7/3/2008 Note: This decision was originally posted with the 7/3/2008 COA Minutes, but was reposted with the 7/18/2008 COA Minutes with no indication on the first page of the decision of modified, etc...
KRS 503.085 Not retroatively applied regarding using force against another and permitted defenses: WORLEY v. COM. (COA 7/3/2008)
Posted on September 16, 2008WORLEY V. COMMONWEALTHCRIMINAL: KRS 503.085 Not retroatively applied regarding using force against another and permitted defenses2007-CA-000175TO BE PUBLISHED: AFFIRMINGPANEL: ACREE PRESIDING; DIXON, TAYLOR CONCURWHITLEY COUNTYDATE RENDERED: 7/3/2008CA affirmed Worley's conviction and 18 year sentence for first-degree manslaughter...
Abuse & neglect proceedings against father reversed for multiple reasons - grandparents' presence, no hearing to determine compelling need to interview child in father's absence, and limitations on father's questions of mother: T(Z) v. T(M) (COA 6/28/08
Posted on September 16, 2008T.(Z.) v. T.(M.)FAMILY LAW: Abuse and neglect proceedings against father reversed for multiple reasons - grandparents' presence, no hearing to determine compelling need to interview child in father's absence, and limitations on father's questions of mother during hearing2007-CA-001444PUBLISHED: REVERSING AND REMANDINGPANEL: THOMPSON PRESIDING; GRAVES CONCURS; KELLER CONCURS IN RESULT ONLYKENTON COUNTYDATE RENDERED: 6/27/2008Father appealed findings in a dependency, abuse, and neglect case, in which it was alleged that the father sexually abuse his eldest child, M...
Fireman's Rule did not apply to animal control officer bit by dog off the premises he was to retrieve the dog: FETCHCO v. MORGAN (COA 6/27/2008)
Posted on September 16, 2008FETCHCO v. MORGANTORTS: Fireman's Rule did not apply to animal control officer bit by dog off the premises he was to retrieve the dog 2007-CA-000547PUBLISHED: AFFIRMING IN PART AND REVERSING AND REMANDING IN PARTPANEL: MOORE PRESIDING; LAMBERT, BUCKINGHAM CONCURJEFFERSON COUNTYDATE RENDERED: 6/27/2008Following an attack of an infant by a pit bull dog (Bandit), Louisville Metro Animal Control was contacted to pick up Bandit...
Search and seizure - Particularized description of place to be search adequately supported the warrant in spite of incorrect address: FENTRESS v. COM. (COA 6/27/2008)
Posted on September 16, 2008FENTRESS v. COM.CRIMINAL: Search and seizure - Particularized description of place to be search adequately supported the warrant in spite of incorrect address2006-CA-002453PUBLISHED: AFFIRMINGPANEL: CAPERTON PRESIDING; LAMBERT, THOMPSON CONCURGRAYSON COUNTYDATE RENDERED: 6/27/2008Deficiencies in the address in the warrant and the amount of pseudoephedrine bought by him was different than what was contained in the affidavit for the search warrant served as the basis of attacking the search...
Equitable estoppel and "discovery" rules applied to toll statute of limitations against manufacturer until announced product's defect and recall notice: LEMASTER v. FLUKE CORPORATION (COA 6/27/2008)
Posted on September 16, 2008LEMASTER v. FLUKE CORPORATIONCIVIL PROCEDURE: Equitable estoppel and "discovery" rules applied to toll statute of limitations against manufacturer until announced product's defect and recall notice2006-CA-002373PUBLISHED: VACATING AND REMANDINGPANEL: COMBS PRESIDING; STUMBO, KNOPF CONCURPERRY COUNTYDATE RENDERED: 6/27/2008 The LeMasters appeal summary judgment dismissing their products liability claims against Fluke Corporation which arose from injuries that the appellants sustained in an explosion at a coal processing operation in Perry County, Kentucky...
State agency required to provide a complete and orderly official record for review: MONUMENTAL LIFE INS. CO. v. THE DEPT OF REVENUE (COA 6/27/2008)
Posted on September 16, 2008MONUMENTAL LIFE INS. CO. v. THE DEPT OF REVENUEGOVERNMENT: Agency required to provide a complete and orderly official record for review2005-CA-002148PUBLISHED: AFFIRMINGPANEL: HENRY PRESIDING; BUCKINGHAM CONCURS; THOMPSON DISSENTS BY SEP. OP.FRANKLIN COUNTYDATE RENDERED: 6/27/2008This matter came before the COA upon Monumental Life Insurance Company?s motion to remand the administrative record to the Kentucky Board of Tax Appeals (KBTA) for proper organization and indexing...
Police officer who was also husband of defendant considered co-owner and shared common authority to authorize consent search of vehicle: LYNN V. COM. (COA 6/20/2008)
Posted on September 15, 2008LYNN v. COMMONWEALTHCRIMINAL: Consent search by person who shared common authority of vehicle affirmed2007-CA-001131TO BE PUBLISHED: AFFIRMINGPANEL: THOMPSON PRESIDING; CAPERTON, LAMBERT CONCURFAYETTE COUNTYDATE RENDERED: 6/20/2008CA affirmed TC's denial of Lynn's motion to suppress drug evidence found in her vehicle...
Local planning commission had jurisdiction over siting of cell towers: KENTUCKY PUBLIC SERVICE COMM. v. SHADOAN (COA 6/20/2008)
Posted on September 15, 2008KENTUCKY PUBLIC SERVICE COMM. v. SHADOANZONING and PLANNING: Local planning commission jurisdiction over siting of cell towers2007-CA-000697TO BE PUBLISHED: AFFIRMING IN PART & REVERSING IN PARTPANEL: MOORE PRESIDING; ACREE, STUMBO CONCURFRANKLIN COUNTYDATE RENDERED: 6/20/2008Bluegrass Wireless (?Bluegrass?) filed an application with the Kentucky Public Service Commission (?PSC?) to build a cellular tower...
Equitable estoppel applicable to government only under exceptional circumstances and case remanded to board for factual determination: KENTUCKY RETIREMENT SYSTEMS v. GRANT (COA 6/20/2008)
Posted on September 15, 2008KENTUCKY RETIREMENT SYSTEMS v. GRANTGOVERNMENT: Equitable estoppel applicable to government only under exceptional circumstances and case remanded to board for factual determination2007-CA-000388TO BE PUBLISHED: VACATING AND REMANDINGPANEL: ACREE PRESIDING; KELLER, MOORE CONCURFRANKLIN COUNTYDATE RENDERED: 6/20/2008The Board of Trustees of the Kentucky Retirement Systems (KERS) appeals from an order of the Franklin Circuit Court reversing its decision to reduce the monthly retirement benefit payable to James Grant following a review of his employment compensation history pursuant to Kentucky Revised Statute (KRS) 61...
Minutes for Kentucky Court of Appeals for Sept. 12, 2008 (COA 2008:44)
Posted on September 14, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. Please note that the site was "down" but we have included the usual and customary link to the page and hope it is "up and running" soon.
SCOKY: Venters Sworn in Sept. 8 at new Justice of Supreme Court; partricipates in court week at University of Louisville Law School
Posted on September 14, 2008Daniel J. Venters was formally sworn in as a justice of the Supreme Court of Kentucky Sept. 8 when he took the oath of office administered by Chief Justice John D. Minton, Jr. Justice Venters was joined in the Supreme Court Courtroom in the Capitol by his wife, attorney Jane Adams Venters (left), his mother, Mary B...
Minutes for Kentucky Court of Appeals for Sept. 5, 2008 (COA 2008:43)
Posted on September 05, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 37 rendered decisions - Numbered 1019-1055 with 5 published decisions (1029; 1031; 1035; 1040; 1046)
SCOKY ARGUMENTS: September 2008 Supreme Court Arguments to be held at U of L Law School for Sept. 10 and 11; No "Live Webcasting" [updated: there will be live web casting, but from a different URL - mms://livestream.louisville.edu/remotelive.]
Posted on September 02, 2008Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument.*********** no live arguments available on the internet for September 2008 ****************** UPDATE: LIVE WEB CASTING - NOTE FROM LBA FOLLOWS:The LBA and the University of Louisville have partnered to offer live-streaming video of the Kentucky Supreme Court?s September oral arguments online...
COA ARGUMENTS: September 2008 Argument Calendar
Posted on September 02, 2008September 2008 Court of Appeals Argument Calendar posted. LOCATION: LAUREL COUNTY JUDICIAL ANNEX NO. 2, SECOND FLOOR, CIRCUIT COURTROOM, 103 SOUTH BROAD STREET, LONDON, KENTUCKYDATE: Wednesday, September 03, 200811:45 AM KELLER CAPERTON NICKELLHOME QUALITY MANAGEMENT, INC...
May 2008 Supreme Court of Kentucky Oral Arguments (SCOKY) for June 11, 12, 13, 2008
Posted on June 12, 2008Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument. June 2008 Oral Argument calendar - click here WEDNESDAY, JUNE 11, 2008 9:00 a...
U.S. 6th Cir. Decisions for Week of Jun 2-6, 2008 (1 Ky cases)
Posted on June 08, 2008U.S. 6th Cir. Decisions for Week of Jun 2-6, 2008 (1 Ky cases) posted.
March 28, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:16)
Posted on June 08, 2008March 28, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:16) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 22 rendered decisions Nos...
Conditional use permit (restaurant or tea room or catering service) and subsequent adoption of ordinance pending moratorium: THE GREATER HARRODSBURG/MERCER COUNTY PLANNING AND ZONING COMM. v. ROMERO (COA 3/28/2008)
Posted on June 08, 2008THE GREATER HARRODSBURG/MERCER COUNTY PLANNING AND ZONING COMM. v. ROMERO ZONING: Conditional use permit (restaurant or tea room or catering service) and subsequent adoption of ordinance pending moratorium 2006-CA-002623 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; BUCKINGHAM, HENRY CONCUR MERCER COUNTY DATE RENDERED: 3/28/2008 The Romeros purchased property and prepared to open a bed and breakfast, tearoom and catering service...
Wrongful death settlement without any earnings impairment treated as personal injury settlement going to heir and not statutory beneficiaries: SMITH v. MCCURDY (COA 3/28/2008)
Posted on June 08, 2008SMITH V. MCCURDY PROBATE: Wrongful death proceeds versus personal injury action and distribution of the proceeds; Wrongful death settlement without any earnings impairment treated as personal injury settlement going to heir and not statutory beneficiaries 2007-CA-001239 PUBLISHED: AFFIRMING PANEL: MOORE PRESIDING; WINE, BUCKINGHAM CONCUR MARSHALL COUNTY DATE RENDERED: 3/28/2008 This appeal involved a most unfortunate dispute between two sisters regarding the proceeds of a settlement reached in a federal lawsuit filed based on allegations of maltreatment of their deceased mother in a nursing home...
Judge not bound by parties agreement of modification of child support for change of circumstances: HOOFRING v. FITE (COA 3/28/2008)
Posted on June 08, 2008HOOFRING V. FITE FAMILY LAW: Child support modifications, agreements, arrearages; judge not bound by parties agreement of modification of child support for change of circumstances 2007-CA-001466 PUBLISHED: AFFIRMING PANEL: DIXON PRESIDING; COMBS, KNOPF CONCUR KENTON COUNTY DATE RENDERED: 3/28/2008 The parties, never married, entered into a series of child custody and support agreements...
Non-biological "parent" of child in same-sex relationship found not be de facto custodian and biological parent did not waive her superiour right of custody and no claim of unfitness results in no standing to assert custody: PICKLESIMER v. MULLINS
Posted on June 08, 2008PICKLESIMER V. MULLINS CIVIL PROCEDURE: Jurisdiction, venue, entry of apperance in custody issue FAMILY LAW: Non-biological "parent" of child in same-sex relationship found not be de facto custodian and biological parent did not waive her superiour right of custody and no claim of unfitness results in no standing to assert custody 2007-CA-000086 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING PANEL: WINE PRESIDING; CAPERTON, KELLER CONCUR GARRARD COUNTY DATE RENDERED: 3/28/2008 Affirming in part, reversing in part and remanding Garrard Circuit Court The facts of this dispiriting case will take some time to recite...
Unemployment benefits; termination for "good cause" for drinking off premises before work: KENTUCKY UNEMPLOYMENT COMM. v. DURO BAG MANUFACTURING (COA 3/28/2008)
Posted on June 08, 2008KY UNEMPLOYMENT INS. COMM. v. DURO BAG MANUFACTURING EMPLOYMENT: Unemployment benefits; termination for "good cause" for drinking off premises before work 2006-CA-002625 PUBLISHED: AFFIRMING PANEL: WINE PRESIDING; DIXON, LAMBERT CONCUR BOONE COUNTY DATE RENDERED: 3/28/2008 Consuming alcohol off the premises and several hours before beginning work is sufficient to disqualify the claimant from receiving unemployment) benefits...
Penalty enhancement for DUI requires actual conviction: COMMONWEALTH v. BEARD (COA 3/28/2008)
Posted on June 08, 2008COMMONWEALTH V. BEARD CRIMINAL: Penalty enhancement for DUI requires actual conviction 2006-CA-001990 PUBLISHED: AFFIRMING PANEL: COMBS PRESIDING; ACREE, THOMPSON CONCUR CALLOWAY COUNTY DATE RENDERED: 3/28/2008 On discretionary review, CA affirmed Circuit Court finding that KRS 189A...
Interstate compact for crediting inmates accounts for participation in employment programs: COMMONWEALTH v. CRUM (COA 3/28/2008)
Posted on June 08, 2008COMMONWEALTH V. CRUM CRIMINAL: Interstate compact for crediting inmates accounts for participation in employment programs 2006-CA-001419 PUBLISHED: REVERSING PANEL: ACREE PRESIDING; LAMBERT, ROSENBLUM CONCUR FRANKLIN COUNTY DATE RENDERED: 3/28/2008 CA reversed the judgment of the Franklin Circuit Court ordering the Commonwealth to compensate Thomas Crum for work performed as an inmate while he was incarcerated in a Florida penitentiary under the Interstate Corrections Compact...
COA ARGUMENT CALENDAR: June 2008!
Posted on June 08, 2008Here's a link to the Court of Appeals argument calendar for the month of June 2008. CLICK HERE. LOCATION: FAYETTE COUNTY CIRCUIT COURT, COURTROOM I, 4TH FLOOR, 120 NORTH LIMESTONE, LEXINGTON, KENTUCKY DATE: Tuesday, June 03, 2008 9:30 AM STUMBO CAPERTON BUCKINGHAM MICHAEL WILSON VS COMMONWEALTH OF KENTUCKY 2006CA002194 MOR criminal appeal alleging error in trial court's failure to give tendered instructions on self defense, EED, voluntary intoxication and 4th degree assault...
Minutes for Kentucky Court of Appeals for June 6, 2008 (COA) (2008:28)
Posted on June 07, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 22 rendered decisions - Numbered 649-670 6 published - 649, 655, 657, 666, 667, 668 NOTE: Hopefully, by the time you look at the official minutes, the links to the decisions will be corrected...
Oral findings and videotaped record adequately supported probation revocation at hearing: MOORE v. COM. (COA 3/28/2008)
Posted on June 07, 2008MOORE V. COM. CRIMINAL: Oral findings and videotaped record adequately supported probation revocation at hearing 2007-CA-000244 PUBLISHED: AFFIRMING PANEL: KELLER PRESIDING; CLAYTON, MOORE CONCUR JEFFERSON COUNTY DATE RENDERED: 3/28/2008 CA held that the law as expressed in the federal Courts of Appeals should be the law in Kentucky, and therefore adopted the legal proposition that oral findings made by a trial court shall be sufficient to meet the written findings requirement of Morrissey v...
Rule 11 sanctions not pend time for appeal and appellate review on imposition of thereof per "abuse of discretion": HINES V. BARNETT BANK OF TAMPA, NA (COA 3/28/2008)
Posted on June 07, 2008HINES V. BARNETT BANK OF TAMPA, NA CIVIL PROCEDURE: RULE 11; new standard of review on imposition of sanctions relying on abuse of discretion 2006-CA-000216 PUBLISHED: DISMISSING IN PART AND AFFIRMING IN PART PANEL: ACREE PRESIDING; CLAYTON, WINE CONCUR JEFFERSON COUNTY DATE RENDERED: 3/28/2008 This appeal follows on a failed intervention in which the time for appealing had expired and the attorney and litigants were hit with Rule 11 sanctions for the attempted intervention...
March 21, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:15)
Posted on June 05, 2008HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 43 rendered decisions Nos...
State court has jurisdiction to modify divorce decree to resolve disagreements in federal retirement benefits with FAA: DOERR V. DOERR (COA 3/21/2008)
Posted on June 05, 2008DOERR v DOERR FAMILY LAW: Relief From Agreement, Jurisdiction To Modify 2006-CA-000739 PUBLISHED: REVERSING AND REMANDING PANEL: ACREE PRESIDING; COMBS, TAYLOR CONCUR FROM JEFFERSON COUNTY DATE RENDERED: 3/21/2008 The parties were divorced in 1990 and the divorce decree contained a provision regarding the husband?s retirement benefits...
Failure to revive action within one year results in dismissal and attempt to amend complaint fails: FRANK v. THE ESTATE OFJOHN ENDERIE (COA 3/21/2008)
Posted on June 05, 2008FRANK v. THE ESTATE OF JOHN ENDERIE CIVIL PROCEDURE: Failure to revive cause of action and no duty on defense counsel to open estate 2006-CA-001106 PUBLISHED: AFFIRMING PANEL: NICKELL PRESIDING; CAPERTON, TAYLOR CONCUR COUNTY: JEFFERSON DATE RENDERED: 3/21/2008 Court of Appeals affirms dismissal of action for failure to revive within one year of the death of the alleged tortfeasor...
Will which excluded illegitimate children upheld: CAREY v. JAYNES (COA 3/21/2008)
Posted on June 05, 2008CAREY v. JAYNES PROBATE: Will which excluded illegitimate children upheld 2007-CA-000148 PUBLISHED: AFFIRMING PANEL: COMBS PRESIDING; DIXON, KNOPF CONCUR COUNTY: MADISON DATE RENDERED: 4/10/2008 This case involved the attempt of an illegitimate child to obtain a share of her father?s estate...
Ability to cancel contract for "any reason" made it illusory and pre-release for liability for negligence is against public policy when clearly inferior bargaining position: SPEEDWAY SUPERAMERICA v. ERWIN (COA 3/21/2008)
Posted on June 05, 2008SPEEDWAY SUPERAMERICA v. ERWIN CONTRACTS: Ability to cancel contract for "any reason" made it illusory and pre-release for liability for negligence is against public policy when clearly inferior bargaining position 2007-CA-000451 PUBLISHED: AFFIRMING PANEL: ACREE PRESIDING; LAMBERT, ROSENBLUM CONCUR COUNTY: GREENUP DATE RENDERED: 3/21/2008 Speedway appeals from an order dismissing its counterclaim against Sebert L...
TORTS: Store owner had probable cause to reasonably detain customer had sounded the alarm when she left store: MESSER v. ROBINSON (COA 3/21/2008)
Posted on June 05, 2008MESSER v. ROBINSON TORTS: False imprisonment, probable cause, and shopkeeper's privilege 2007-CA-000977 PUBLISHED: REVERSING PANEL: ACREE PRESIDING; STUMBO, GRAVES CONCUR COUNTY: CLAY DATE RENDERED: 3/21/2008 In this false imprisonment case, a customer brought action against a retail store and its manager, alleging she was wrongfully detained after her bags caused the store security alarm to sound...
Minutes for Kentucky Court of Appeals for MAY 30, 2008 (COA) (2008:27)
Posted on June 02, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 18 rendered decisions - Numbered 631-648 1 published - 637 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...
Minutes for Kentucky Court of Appeals for MAY 23, 2008 (COA) (2008:26)
Posted on June 02, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 25 rendered decisions - Numbered 606-630 2 published - 617; 627 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...
NEWS: Monthly "zip" file of "Most Recent Supreme Court" Decisions
Posted on May 24, 2008AOC offers the most recent Supreme Court decisions (published and unpublished) in a "zipped" file for each month. You can now download quickly and easily ALL the decisions matching up to the most recent minutes in one fail swoop. The zip file is downloaded to your computer, and then you will need an 'unzipping' program (several on the market, many shareware and/or free or low cost) to unzip the file which saves each decision by "case number" onto your hard drive...
Minutes for Kentucky Supreme Court for May 22, 2008 (2008:25)
Posted on May 24, 2008Click here for minutes at AOC with links to full text of each decision 19 rendered decisions: 103-121 9 published (103-111) 5 disciplinary matters 4 of 40 motions granted discretionary review - 10% grant rate Minutes List of all published and nonpublished SCOKY decisions with links to the full text of the decision posted at web site plus orders regarding dismissals, extraordinary writs, discretionary review.
MARCH 20, 2008 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2008:14)
Posted on May 22, 2008MARCH 20, 2008 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2008:14) HTML Version of the LawWire - PUBLISHED and NonPUBLISHED decisions. PDF Version. MINUTES from AOC for this week (from AOC Web Site) Decisions no. 50-70 21 decisions rendered with 9 published; 7 Disciplinary cases with 4 published; 5 of 44 discretionary reviews granted (or 11...
Exception for reopening claim applied retroactively: OFFICEWARE V. JACKSON (SC 3/20/2008)
Posted on May 22, 2008OFFICEWARE V. JACKSON WORKERS COMP: Time period for reopening claim 2007-SC-000303-WC.pdf PUBLISHED: AFFIRMING OPINION OF THE COURT DATE RENDERED: 3/20/2008 SC affirmed ALJ's holding that reopening claim was not time barred finding that the statutory amendment adding an exception to the four-year limitations period for reopening a workers' compensation claim after original award existed for a claim seeking temporary total disability benefits during period of original award was is a remedial provision involving a change to the procedural requirements for reopening, and thus, the exception applies retroactively to original claims that arose and were decided before the amendment's July 14, 2000 effective date...
Agreement upon reduction in force including language "of any and all claims" includes subsequently discovered discrimination claim: HUMANA, INC. V. BLOSE (SC 3/20/2008)
Posted on May 22, 2008HUMANA, INC. V. BLOSE TORTS: Agreement upon reduction in force including language "of any and all claims" includes subsequently discovered discrimination claim 2006-SC-000783-DG.pdf PUBLISHED: REVERSING OPINION BY SCOTT JEFFERSON COUNTY DATE RENDERED: 3/20/2008 The Supreme Court reverses (Jefferson Cir...
Consumer Protection Act applied to attempted used car sale even tho not yet "purchasers": CRAIG & BISHOP, INC. V. PILES (SC 3/20/2008)
Posted on May 22, 2008CRAIG & BISHOP, INC. V. PILES TORTS: CONSUMER PROTECTION ACT applied to attempted used car sale even tho not yet "purchasers" 2005-SC-000999-DG.pdf PUBLISHED: AFFIRMING IN PART, REVERSING IN PART OPINION BY MINTON JEFFERSON COUNTY DATE RENDERED: 3/20/2008 In this case, the Kentucky Supreme Court addresses the scope of the Kentucky Consumer Protection Act (KCPA) and the legislative intent behind it in order to determine whether Appellees Piles and Warner presented sufficient evidence to recover damages from Appellant stemming from an attempted used car sale...
City's tax increase subject to 45 day rule unless adopt county's assessment: LIGHT V. CITY OF LOUISVILLE (SC 3/20/2008)
Posted on May 22, 2008LIGHT V. CITY OF LOUISVILLE REVENUE AND TAXATION:City's tax increase subject to 45 day rule unless adopt county's assessment 2005-SC-000759-DG.pdf PUBLISHED: AFFIRMING OPINION BY SPECIAL JUSTICE JAMES PARSONS ABRAMSON, SCHRODER NOT SITTING JEFFERSON COUNTY DATE RENDERED: 3/20/2008 The Appellants "Lights" taxpayers brought a class action suit against the City of Louisville seeking a declaration or rights and refunds after the city had denied their action challenging the rate...
New hearing not required following delinquent entry of dissolution decree: THOMAS V. THOMAS (SC 3/20/2008)
Posted on May 22, 2008THOMAS V. THOMAS CRIMINAL: Delinquent entry of decree; new hearing not required 2006-SC-000526-DG.pdf PUBLISHED: AFFIRMING OPINION BY NOBLE LAMBERT CONCURS IN RESULT ONLY; MINTON NOT SITTING DATE RENDERED: 3/20/2008 Ex-Wife raised 2 claims of error to SC: (1) that CA erred in affirming TC?s decision not to grant a hearing on evidence arising subsequent to DRC?s oral ruling ; and (2) that CA improperly applied the facts and holdings of Dubick v...
Acting as owner of vehicle can qualify as owner for purposes of forfeiture of vehicle used in drug trafficking: COM. V. COFFEY (SC 3/20/2008)
Posted on May 22, 2008COM. V. BARRY COFFEY CRIMINAL: Acting as owner of vehicle can qualify as owner for purposes of forfeiture of vehicle used in drug trafficking 2006-SC-000172-DG.pdf PUBLISHED: REVERSING OPINION BY NOBLE MINTON DISSENTS BY SEPARATE OPINION IN WHICH ABRAMSON JOINS BARREN COUNTY DATE RENDERED: 3/20/2008 The single issue on appeal in this case is whether the bare title holder of a vehicle, which is in fact under the dominion and control of a defendant who used the vehicle for drug trafficking, is the "owner" of the vehicle for purposes of forfeiture pursuant to KRS 218A...
Suspect was not in custody during interrogation he was free to leave: BECKHAM V. COM. (SC 3/20/2008)
Posted on May 22, 2008RODNEY DOUGLAS BECKHAM V. COM. CRIMINAL: Suspect was not in custody during interrogation he was free to leave 2006-SC-000136-MR.pdf PUBLISHED: AFFIRMING OPINION BY MINTON NOBLE CONCURS IN PART AND DISSENTS IN PART BY WHICH SCHRODER AND SCOTT JOIN BOONE COUNTY DATE RENDERED: 3/20/2008 SC affirmed Beckham's convictions and life sentence for murder and PFO 1st...
Nontestifying informants recorded statements not violate right of confrontation: TURNER V. COM. (SC 3/20/2008)
Posted on May 22, 2008JAMIE TURNER V. COM CRIMINAL: Nontestifying informants recorded statements not violate right of confrontation 2006-SC-000097-MR.pdf PUBLISHED: AFFIRMING OPINION BY ABRAMSON BREATHITT COUNTY DATE RENDERED: 3/20/2008 Commonwealth's introduction of recorded drug transactions did not violate Turner's right to confrontation...
Overreaching indemnity agreement held unenforceable: LACK V. MAN O'WAR LLC (SC 3/20/2008)
Posted on May 22, 2008LACH V. MAN O'WAR, LLC INDEMNIFICATION AGREEMENT: Unenforceable under certain circumstances 2005-SC-001014-DG.pdf PUBLISHED: REVERSING AND REMANDING OPINION BY SCOTT ABRAMSON DISSENTS BY SEP. OPINION WITH MINTON JOINING DISSENT; NOBLE NOT SITTING FAYETTE COUNTY DATE RENDERED: 3/20/2008 The contract involved in the Court of Appeals case Speedway SuperAmerica, LLC v...
LAWWIRE: March 14, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:13)
Posted on May 21, 2008HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 29 rendered decisions Nos...
JUVENILES: Reinstating dependent's commitment to continue education: COM. V. M.(C.) (COA 3/14/2008)
Posted on May 21, 2008COMMONWEALTH V. M.(C.) JUVENILES: Reinstating dependent's commitment to continue education 2007-CA-001468 PUBLISHED: AFFIRMING PANEL: CAPERTON PRESIDING; LAMBERT, THOMPSON CONCUR COUNTY: KENTON DATE RENDERED: 3/14/2008 COA held the trial court had authority to reinstate a dependent's commitment to Cabinet for Health and Family Services for purpose of facilitating the dependent's college education until the age of 21 in spite of the fact that the Cabinet had made an earlier decision to suspend such commitment after dependent had previously decided to quit college; dependent sought reinstatement after changing her mind about school and wishing to go to college...
Child custody jurisdiction and out of state proceedings: SKINNER V. SKINNER (COA 3/14/2008)
Posted on May 21, 2008SKINNER V. SKINNER FAMILY LAW: Child custody jurisdiction 2006-CA-002523 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING PANEL: STUMBO PRESIDING; ACREE, GRAVES CONCUR COUNTY: WAYNE DATE RENDERED: 3/14/2008 Dad appealed from TC?s order sustaining Mom?s motion asking TC to take jurisdiction of child custody matters stemming from a prior dissolution of marriage proceeding in Tennessee...
REAL PROPERTY: Oil and gas lease interpreted that "commencing" a well did not mean re-establishing an existing well on the property: HEEL V. CHADWICK (COA 3/14/2008)
Posted on May 21, 2008HEER V. CHADWICK REAL PROPERTY: Oil and gas lease interpreted that "commencing" a well did not mean re-establishing an existing well on the property 2006-CA-001489 PUBLISHED: AFFIRMING PANEL: ACREE PRESIDING; LAMBERT, HENRY CONCUR COUNTY: METCALFE DATE RENDERED: 3/14/2008 This was a combined appeal interpreting language in an oil and gas lease from the Fraser sisters which included the condition that ?[i]f no well be commenced on said premises on or before the 1[sic] day of July 2005 this lease shall terminate as to both parties...
LAWWIRE: March 7, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:12)
Posted on May 19, 2008March 7, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:12) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 37 rendered decisions Nos...
U.S. 6th Cir. Decisions for Week of May 12-16, 2008 (No Ky cases)
Posted on May 19, 2008U.S. 6th Cir. Decisions for Week of May 12-16, 2008 (No Ky cases) posted.
Minutes for Kentucky Court of Appeals for MAY 16, 2008 (COA) (2008:24)
Posted on May 19, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 34 rendered decisions - Numbered 572-605 4 published -573; 578; 588; 601 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...
Payable PIP deducted from UIM recover even when it looks like it never will be payable and no Minton reduction given for WC offset against UIM: KENTUCKY SCHOOL BOARD ASSOCIATION V. JEWELL (COA 3/7/2008)
Posted on May 18, 2008KENTUCKY SCHOOL BOARD ASSOCIATION V. JEWELL INSURANCE: PIP, WORKERS COMPENSATION AND SUBROGATION 2006-CA-001995 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING PANEL: HENRY PRESIDING; COMBS, ACREE CONCUR COUNTY: WHITLEY DATE RENDERED: 3/7/2008 This case has an unsual procedural history since the first decision was not published, then following a request for reconsideration by the COA, the request was granted and a revised opinion published! A motion for discretion review was filed on 4/7/2008 with the Supreme Court...
Post-verdict proceedings and grant of mistrial reviewed: CHARLES D. WILLIAMS AS ADMINISTRATOR FOR THE ESTATE OF LESLIE DUNAGAN, ET AL. V. PRIMARY CARE ASSOCIATES OF SOUTHERN KENTUCKY, PLLC, ET AL. (COA 3/7/2008)
Posted on May 18, 2008CHARLES D. WILLIAMS AS ADMINISTRATOR FOR THE ESTATE OF LESLIE DUNAGAN, ET AL. V. PRIMARY CARE ASSOCIATES OF SOUTHERN KENTUCKY, PLLC, ET AL. TORTS: MEDICAL NEGLIGENCE CIVIL PROCEDURE: POST-VERDICT PROCEEDINGS - ABILITY TO ORDER MISTRIAL AFTER JURY RENDERS VERDICT 2006-CA-002610 PUBLISHED: REVERSING AND REMANDING WITH DIRECTIONS PANEL: TAYLOR PRESIDING; THOMPSON, BUCKINGHAM CONCUR COUNTY: BARREN DATE RENDERED: 3/28/2008 The estate and the decedent's parents appeal a judgment entered in favor of Appellees following a second jury trial on their medical malpractice claim after the first trial resulted in a mistrial being ordered by the TC...
FAMILY LAW: Denial of child visitation affirmed with only 1 of 6 experts believed the father abused the child: HOPPE V. TALLEN (COA 3/7/2008)
Posted on May 18, 2008HOPPE V. TALLENT FAMILY LAW: Child Visitation, Allegations of Child Sexual Abuse 2007-CA-000104 PUBLISHED: AFFIRMING PANEL: NICKELL PRESIDING; CLAYTON, GRAVES CONCUR COUNTY: CLINTON DATE RENDERED: 3/7/2008 Father appealed the TC?s denial of his motion for immediate reinstatement of visitation with his daughter, K...
WORKERS COMP: Company owner is company officer and afforded workers compensation coverage unless rejected: KENTUCKY EMPLOYERS MUTUAL INSURANCE V. J & R MINING, INC. (COA 3/7/2008)
Posted on May 18, 2008KENTUCKY EMPLOYERS MUTUAL INSURANCE V. J & R MINING, INC. WORKERS COMP: Coverage of owner 2007-CA-001901 PUBLISHED: AFFIRMING PANEL: DIXON PRESIDING; CLAYTON, GRAVES CONCUR COUNTY: WORKERS COMP BOARD DATE RENDERED: 3/7/2008 Earl Reed, an owner with his wife of J& R Mining, Inc...
John D. Minton Jr. elected new chief justice of Kentucky
Posted on May 12, 2008John D. Minton Jr. elected new chief justice of Kentucky
U.S. 6th Cir. Decisions for Week of May 5-9, 2008
Posted on May 12, 2008U.S. 6th Cir. Decisions for Week of May 5-9, 2008
US 6th Cir. Decisions for Week of Apr. 28 - May 2, 2008
Posted on May 12, 2008US 6th Cir. Decisions for Week of Apr. 28 - May 2, 2008
Minutes for Kentucky Court of Appeals for MAY 9, 2008 (COA) (2008:23)
Posted on May 12, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 33 rendered decisions - Numbered 539-571 33 decisions with 4 published - 543; 560; 565; 570 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...
Minutes for Kentucky Court of Appeals for MAY 2, 2008 (COA) (2008:22)
Posted on May 05, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 37 rendered decisions - Numbered 502-538 4 published 503 503 - O.(S.D.) V. Com. 516 - Woolum M.D. v. Hillman 521 - Com. v. Copper Care 534 - Whaley v...
May 2008 Supreme Court of Kentucky Oral Arguments (SCOKY) for May 14, 15, 16
Posted on May 05, 2008Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. Links to COA decisions (if there are any) follow the links to the briefs. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument...
MAY 2008 Court of Appeals Argument Calendar
Posted on May 03, 2008May 2008 Court of Appeals Argument Calendar posted. May 5, 6, 12, 13, 14, 21 and 29, 2008. LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY DATE: Monday, May 05, 2008 10:00 AM WINE CAPERTON KELLER DAVID TIDWELL, IV VS COMMONWEALTH OF KENTUCKY 2007CA000136 Appeal from conviction for TBUT over $300 and PFO II...
LAWWIRE: Feb. 29, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:11)(COA)
Posted on April 30, 2008Feb. 29, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:11) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 27 rendered decisions Nos...
De facto custodians must be determined before determining custody between to sets of grandparents: BAKER V. COMBS (COA 2/29/2008)
Posted on April 30, 2008BAKER V. COMBS FAMILY LAW: Child custody and de facto custodian 2007-CA-001013 PUBLISHED: VACATING AND REMANDING PANEL: KELLER PRESIDING; THOMPSON, WINE CONCUR COUNTY: KNOX DATE RENDERED: 2/29/2008 Mother appealed from TC?s order denying her motion for custody of her natural child and awarding continued permanent custody to Paternal Grandmother and Step-Grandfather (?Paternal Grandparents?)...
Inmate has no right to grand jury transcipts following post-conviction motion: WAGNER V. COM (COA 2/29/2008)
Posted on April 30, 2008WAGNER V. COM CRIMINAL: Post Conviction; transcripts 2006-CA-000900 PUBLISHED: AFFIRMING PANEL: STUMBO PRESIDING; ACREE, GRAVES CONCUR COUNTY: BELL DATE RENDERED: 2/29/2008 Inmate was not entitled to transcripts of his grand jury proceedings following post-conviction motion...
Waiver of right to arbitrate must be voluntary and intentional and not inferred lightly: WEIS BUILDERS, INC. V. COMPLETE CONTRACTING, INC. (COA 2/29/2008)
Posted on April 30, 2008WEIS BUILDERS, INC. V. COMPLETE CONTRACTING, INC. ARBITRATION: WAIVER 2007-CA-000700 PUBLISHED: REVERSING AND REMANDING PANEL: STUMBO PRESIDING; ACREE, GRAVES CONCUR COUNTY: POWELL DATE RENDERED: 2/29/2008 Weis appealed arguing the circuit court improperly concluded that Weis waived its unilateral authority to compel arbitration pursuant to the terms of a contract between the parties...
LAWWIRE: Feb. 22, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:10)(COA)
Posted on April 29, 2008Feb. 22, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:10) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 35 rendered decisions Nos...
Teacher's injury at convention with students arose out of employment for workers comp claim: CLARK COUNTY BOARD OF ED. V. JACOBS (COA 2/22/2008)
Posted on April 29, 2008CLARK COUNTY BOARD OF ED. V. JACOBS WORKERS COMP: Arising out of employment 2007-CA-001575 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; NICKELL, VANMETER CONCUR COUNTY: WCB DATE RENDERED: 2/22/2008 The Court affirmed an award of disability benefits to a teacher who fell while attending a beta-club convention with her students out of town...
Physician's satellite offices primarily for diagnostic testing not included in KRS 216B.010 certificate of need: GILBERT, M.D. V. COM. CAB. FOR HEALTH AND FAMILY SVCS. (COA 2/22/2008)
Posted on April 29, 2008GILBERT, M.D. V. COM. CAB. FOR HEALTH AND FAMILY SVCS. MEDICAL FACILITY LICENSURE: APPLICABILITY OF EXEMPTION TO CERTIFICATE OF NEED REQUIREMENT 2007-CA-000042 PUBLISHED: AFFIRMING PANEL: ACREE PRESIDING; KELLER, MOORE CONCUR COUNTY: FRANKLIN DATE RENDERED: 2/22/2008 John Gilbert, a well-known neurologist based in Lexington, his medical company and his satellite offices (collectively "Gilbert") appeal the TC's Order affirming the decision of the Cabinet for Health & Family Services finding Dr...
Juvenile DNA collection and testing limited: PETITIONER F v. BROWN (COA 2/22/2008)
Posted on April 29, 2008PETITIONER "F" V. BROWN CRIMINAL: Juvenile DNA Testing 2006-CA-002450 PUBLISHED: AFFIRMING IN PART, AND REVERSING AND REMANDING IN PART PANEL: VANMETER PRESIDING; COMBS, MOORE CONCUR COUNTY: FRANKLIN DATE RENDERED: 2/22/2008 The issue in this appeal is whether the Franklin Circuit Court erred by granting summary judgment in Brown's favor as to whether the DJJ could collect DNA samples from seven unnamed juveniles...
Emergency Medical Treatment and Active Labor Act (EMTLA) is not a federal medical malpractice act: OHIO COUNTY HOSP. CORP. V. TINA MARTIN, ADMIN. OF EST. OF BILLIE CAROL SHREVE, DECEASED; AND DONALD RAY SHREVE, INDIVIDUALLY (COA 2/22/2008)
Posted on April 29, 2008OHIO COUNTY HOSP. CORP. V. TINA MARTIN, ADMIN. OF EST. OF BILLIE CAROL SHREVE, DECEASED; AND DONALD RAY SHREVE, INDIVIDUALLY MEDICAL NEGLIGENCE: EMTLA (Emergency Medical Treatment and Active Labor Act) 2006-CA-002248 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, VACATING IN PART, AND REMANDING PANEL: BUCKINGHAM PRESIDING; THOMPSON CONCURS W/SEP...
Multiple issues regarding search and jury insructions still results in affirmance of conviction: NASH V. COM. (COA 2/22/2008)
Posted on April 29, 2008NASH V. COM. CRIMINAL: Search warrants; Jury instructions 2005-CA-002179 PUBLISHED: AFFIRMING PANEL: HENRY PRESIDING; KELLER, TAYLOR CONCUR COUNTY GRAYSON DATE RENDERED: 2/22/2008 CA affirmed Defendant's convictions for possession of anhydrous ammonia in an unapproved container with the intent to manufacture methamphetamine and possession of drug paraphernalia...
Minutes for Kentucky Court of Appeals for April 25, 2008 (COA) (2008:21)
Posted on April 27, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 17 rendered decisions - Numbered 485-501 2 published 497 - Finance and Admini. Cab. v. Slagel 498 - Graham v. Rogers Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...
Minutes for Kentucky Supreme Court for April 24, 2008 (2008:20)
Posted on April 27, 2008Click here for minutes at AOC with links to full text of each decision 32 rendered decisions: 71-102 20 published (71-90) 7 disciplinary matters (4 published) 7 of 44 cases granted discretionary review - 15.9% grant rate Minutes List of all published and nonpublished SCOKY decisions with links to the full text of the decision posted at web site plus orders regarding dismissals, extraordinary writs, discretionary review.
Minutes for Kentucky Court of Appeals for April 18, 2008 (COA) (2008:19)
Posted on April 20, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 23 rendered decisions - Numbered 462-484 3 published - 465 (Com. v. Lopez); 467 (Pennington v...
ARGUMENTS: April 2008 SCOKY Argument Calendar
Posted on April 19, 2008Apologies for this last posting. However, the parties, counsel, issues and links to briefs are provided. Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument...
Minutes for Kentucky Court of Appeals for April 11, 2008 (COA)(2008:18)
Posted on April 12, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 26 rendered decisions - Numbered 436-461 2 published - 439 (Barkman v. Overstreet MD); 440 (Young v...
LAWWIRE: FEB 21, 2008 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2008:09)
Posted on April 07, 2008FEB 21, 2008 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2008:09) HTML Version of the LawWire - PUBLISHED and NonPUBLISHED decisions. PDF Version. MINUTES from AOC for this week (from AOC Web Site) Decisions no. 24-49 26 decisions rendered with 10 published; 10 Disciplinary cases with 5 published; 4 of 43 discretionary reviews granted (or 16...
Equitable estoppel did not apply in zoning case under facts and zoning action was arbitrary: Sebastian-Voor Properties, LLC, et al. v. Lexington-Fayette Urban County Government, et al. (SC 2/21/2008)
Posted on April 07, 2008Sebastian-Voor Properties, LLC, et al. v. Lexington-Fayette Urban County Government, et al. ZONING: Land Use Planning PUBLISHED: AFFIRMING OPINION BY SCHRODER; NOBLE NOT SITTING; ABRAMSON CONCURRING IN RESULT ONLY DATE RENDERED: 2/21/2008 2006-SC-000732-DG...
Widow?s survivor benefits terminate at the time she reaches the age of sixty (60), when she will qualify for widows? benefits under the Social Security Act: MORSEY, INC. V. FRAZIER (SC 2/21/2008)
Posted on April 07, 2008MORSEY, INC. V. FRAZIER WORKERS COMP: Survivor Benefits 2007-SC-000159-WC.pdf PUBLISHED: REVERSING AND REMANDING OPINION OF THE COURT DATE RENDERED: 2/21/2008 KRS 342 .730(4) limits the duration of an award of survivors? benefits to a widow of an employee who dies because of a work related accident to the date when the widow would qualify for regular Social Security retirement benefits based on the employee?s earnings record...
Employer found not liable for an employee's tortious injuries to a guest who accompanied the employee since not in futherance of employer's business: MID-STATE PLASTICS, INC. V. EST. OF WILLIAM CLINTON BRYANT (SC 2/21/2008)
Posted on April 07, 2008MID-STATE PLASTICS, INC. V. EST. OF WILLIAM CLINTON BRYANT TORTS: EMPLOYER LIABILITY 2006-SC-000425-DG.pdf PUBLISHED: REVERSING OPINION BY SCHRODER, CUNNINGHAM NOT SITTING; LAMBERT DISSENTS BY SEP. OP DATE RENDERED: 2/21/2008 In this case, the Kentucky Supreme Court addresses the sole issue of whether an employer is liable for an employee's tortious injuries to a guest who accompanied the employee on a business trip...
Real estate and partnership trust property not considered marital property under circumstances of this divorce: GRIPSHOVER V. GRIPSHOVER (SC 2/21/2008)
Posted on April 07, 2008GRIPSHOVER V. CRIPSHOVER FAMILY LAW: Nonmarital Property, Estate Planning, Child Support, Section 179 Expense, Imputed Income 2005-SC-000729-DG.pdf PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING OPINION BY ABRAMSON; SCHRODER NOT SITTING DATE RENDERED: 3/19/2008 Husband and his brother owned a farming operation, realty totaling over 600 acres, and a promissory note for more than a million dollars...
Anonymous tip not sufficient corroborated under totality of circumstances: HENSON V. COM (SC 2/21/2008)
Posted on April 07, 2008HENSON V. COM CRIMINAL: Anonymous Tips 2005-SC-000666-DG.pdf PUBLISHED: REVERSING AND REMANDING OPINION BY ABRAMSON; MINTON, SCHRODER NOT SITTING DATE RENDERED: 2/21/2008 On discretionary review, SC again reversed the CA and TC, holding that under the totality of the circumstances, the stop was not justified...
Multiple errors rejected, including claim to suppress under KRS 610.220 in criminal trial: SHEPHERD V. COM (SC 2/21/2008)
Posted on April 07, 2008SHEPHERD V. COM CRIMINAL: Multiple errors rejected, including claim to suppress under KRS 610.220 2006-SC-000450-MR.pdf PUBLISHED: AFFIRMING OPINION BY ABRAMSON DATE RENDERED: 2/21/2008 SC affirmed Defendant's conviction and life sentence for murder, robbery, and tampering with physical evidence...
City police found to have jurisdiction to arrest: COM. V. BISHOP (SC 2/21/2008)
Posted on April 07, 2008COM. V. BISHOP CRIMINAL: Police Jurisdiction 2006-SC-000123-DG.pdf PUBLISHED: REVESING, REINSTATING, AND REMANDING OPINION BY ABRAMSON; MINTON NOT SITTING DATE RENDERED: 2/21/2008 Reversing the CA and TC, SC held that lawful arrest was made by Manchester city police offer despite it being outside the city, and reinstated the indictments against the Defendants...
RCr 11.42 and counsel found to have ineffectively assisted in murder trial: BROWN V. COM (SC 2/21/2008)
Posted on April 07, 2008BROWN V. COM CRIMINAL: RCr 11.42 2005-SC-000967-DG.pdf PUBLISHED: AFFIRMING OPINION BY SCOTT DATE RENDERED: 2/21/2008 SC affirmed CA reversal of Circuit Court order finding Brown's counsel provided ineffective assistance of counsel during her murder trial...
Trial judge's coercion of jury to reach criminal verdict: BELL v. COM. (SC 2/21/2008)
Posted on April 07, 2008BELL V. COM. CRIMINAL: Trial Court Coercion 2005-SC-000963-MR.pdf PUBLISHED: REVERSING MEMORANDUM OPINION DATE RENDERED: 2/21/2008 SC reversed Bell's convictions for five counts of sexual abuse in the first-degree and one count of sodomy in the first-degree due to coercion by the trial court (TC)...
Vehicle enforcement officers authority to investigate and arrest includes beyond vehicle safety regulations: MEGHOO V. COM. (SC 2/21/2008)
Posted on April 07, 2008MEGHOO V. COM. CRIMINAL: Search & Seizure; Vehicle Enforcement Officers 2004-SC-001042-DG.pdf PUBLISHED: AFFIRMING (LAMBERT, CJ; W/MINTON, SCHRODER NOT SITTING) DATE RENDERED: 2/21/2008 SC granted discretionary review to resolve questions as to the permissible scope of safety inspections by vehicle enforcement officers, and the authority of those officers to investigate and arrest for offenses that are not within the immediate scope of motor vehicle carrier safety statutes and regulations...
Minutes for Kentucky Court of Appeals for April 4, 2008 (COA)(2008:17)
Posted on April 06, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 25 rendered decisions - Numbered 411-435 1 published - 416 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...
Minutes for Kentucky Court of Appeals for March 28, 2008 (COA)(2008:16)
Posted on April 01, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 22 rendered decisions - Numbered 389-410 9 published 389; 391; 393; 398; 399; 400; 401; 407; 408 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...
ARGUMENT CALENDAR: COAKY Args Posted for April 2008
Posted on April 01, 2008The Court of Appeals argument calendar for the month of April 2008 with cases names, counsel, issues, location, dates, and times is available by clicking here (located at AOC web site). Today in the Jefferson Judicial Center (April 1) are the following...
Feb. 15, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:08)(C0A)
Posted on March 23, 2008Feb. 15, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:08) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 47 rendered decisions Nos...
TTD benefits issue was properly preserved and final and appealable by claimant: UNITED PARCEL SERVICE, INC. V. PETERSON (COA 2/15/2008)
Posted on March 23, 2008UNITED PARCEL SERVICE, INC. V. PETERSON WORKERS COMP: TTD benefits issue was properly preserved and final and appealable 2007-CA-001479 PUBLISHED: AFFIRMING PANEL: THOMPSON, PRESIDING; NICKELL, VANMETER CONCUR COUNTY: WCB DATE RENDERED: 2/15/2008 The employer, United Parcel Service, Inc...
Cash advance system for real estate commissions affirmed: KENTUCKY REAL ESTATE COMMISSION V. HILLIARD FINANCIAL, LLC (COA 2/15/2008)
Posted on March 23, 2008KENTUCKY REAL ESTATE COMMISSION V. HILLIARD FINANCIAL, LLC BUSINESS: REAL ESTATE COMMISSIONS AND ASSIGNMENTS 2007-CA-000861 PUBLISHED: AFFIRMING PANEL: LAMBERT PRESIDING; VANMETER, KNOPF CONCUR COUNTY: JEFFERSON DATE RENDERED: 2/15/2008 COA affirmed a declaratory judgment holding that the cash-advance business of Hillard Financial (d/b/a Commission Express) and Commission Express National, Inc...
Status of brokerage account on death - tenancy in common vs. joint account with right of survivorship and prenup: ESTATE OF CHARLES SPENCER V. SPENCER (COA 2/15/2008)
Posted on March 23, 2008ESTATE OF CHARLES SPENCER V. SPENCER ESTATES: Status of brokerage account on death - tenancy in common vs. joint account with right of survivorship and prenup 2007-CA-000277 PUBLISHED: REVERSING AND REMANDING PANEL: THOMPSON PRESIDING; NICKELL, VANMETER CONCUR COUNTY: MCCRACKEN DATE RENDERED: 2/15/2008 Despite having signed a prenuptial agreement, the husband retitled his brokerage account in his and his wife's name after they married...
COA affirmed family court's award of attorney and expert fees, but vacates part of award re ownership interest in business and debt forgiveness as non-marital property: ALISON V. ALISON (COA 2/15/2008)
Posted on March 23, 2008ALLISON V. ALLISON FAMILY LAW: MARITAL/NONMARITAL CHARACTERIZATION OR PROPERTY AND DEBTS; ATTORNEY FEES 2006-CA-001967 PUBLISHED: AFFIRMING IN PART AND VACATING IN PART AND REMANDING PANEL: BUCKINGHAM PRESIDING; THOMPSON, HENRY CONCUR COUNTY: FAYETTE DATE RENDERED: 2/15/2008 Ex-Husband appealed from TC?s orders relating to marital/nonmarital nature of his family's business, the marital/nonmarital nature of a $66,714 debt allegedly owed by Ex-Wife to her mother, and the award of attorney and expert witness fees...
COA affirms pro se defendant's conviction of stalking prosecutor
Posted on March 23, 2008WINSTON JOHNSON V. COM. CRIMINAL: Stalking First Degree 2006-CA-001264 PUBLISHED: AFFIRMING IN PART AND VACATING AND REMANDING IN PART PANEL: THOMPSON PRESIDING; NICKELL AND STUMBO CONCUR COUNTY: MONROE DATE RENDERED: 2/15/2008 CA affirmed in part and reversed in part Defendant's convictions and sentence for 4 counts of stalking the local county attorney...
COA rejects ineffective assistance of counsel claim re claim of involuntary plea: VAUGHN V. COM. (COA 2/15/2008)
Posted on March 23, 2008ROBERT VAUGHN V. COM. CRIMINAL: Ineffective Assistance of Counsel 2006-CA-000901 PUBLISHED: AFFIRMING PANEL: ACREE PRESIDING; COMBS, TAYLOR CONCUR COUNTY: JEFFERSON DATE RENDERED: 2/15/2008 CA affirmed Circuit Court's denial of pro se Defendant's RCr 11...
6th Cir. Decisions for Week of Mar. 17-21, 2008 (2 Pub. Ky decisions; 3 NPO)
Posted on March 23, 20086th Cir. Decisions for Week of Mar. 17-21, 2008 (2 Pub. Ky decisions; 3 NPO); civil cases briefly digested; all published and nonpublished decisions for week listed with links to full text of decisions at official web site of US COA for Sixth Circuit.
Feb. 8, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:07)
Posted on March 22, 2008Feb. 8, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:07) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 30 rendered decisions Nos...
CRIMINAL: Reasonable suspicion of criminal activity found under totality of circumstances: STONE V. COM. (COA 2/8/2008)
Posted on March 22, 2008STONE V. COM. CRIMINAL: Reasonable suspicion of criminal activity found under totality of circumstances 2006-CA-002569 PUBLISHED: REVERSING AND REMANDING PANEL: TAYLOR PRESIDING JUDGE; COMBS, NICKELL CONCUR COUNTY: JEFFERSON DATE RENDERED: 2/08/2008 CA held TC erred by denying Stone's motion to suppress evidence gathered as a result of his seizure...
Workers Comp - No offset for certain employer funded disability pension payments per KRS 342.730(6): ALCAN ALUMINUM CORP. V. STONE (COA 2/8/2008)
Posted on March 22, 2008ALCAN ALUMINUM CORP. V. STONE WORKERS COMP: No offset for certain employer funded disability pension payments per KRS 342.730(6) 2007-CA-001677 PUBLISHED: AFFIRMING PANEL: VANMETER PRESIDING JUDGE; NICKELL AND THOMPSON CONCUR COUNTY: WCB DATE RENDERED: 2/08/2008 Stone was totally occupationally disabled due to a cervical injury sustained while working for Alcan...
Property: Mechanics lien does not include services provided by contractor (mowing, etc): STEEPLECHASE SUBDIVISION HOMEOWNERS ASSOCIATION V. THOMAS (COA 2/8/2008)
Posted on March 22, 2008STEEPLECHASE SUBDIVISION HOMEOWNERS ASSOCIATION V. THOMAS PROPERTY: Mechanics lien does not include services provided by contractor (mowing, etc). 2006-CA-002146 PUBLISHED: REVERSING PANEL: THOMPSON PRESIDING JUDGE; BUCKINGHAM, HENRY CONCUR COUNTY: BOONE DATE RENDERED: 2/08/2008 Steeplechase Subdivision Homeowners Association, Inc...
Minutes for Kentucky Court of Appeals for March 21, 2008 (COA)(2008:15)
Posted on March 21, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 42 rendered decisions - Numbered 346-388 5 published Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...
Minutes for Kentucky Supreme Court for Mar 20, 2008 (2008:14)
Posted on March 21, 2008Click here for minutes at AOC with links to full text of each decision Click here for blog posting of minutes with highlights 21 rendered decisions: 50-70 9 published (50-58) 7 disciplinary matters (4 published) 5 of 44 cases granted discretionary review - 11...
LAWWIRE: Feb. 1, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:06)(coa)
Posted on March 19, 2008Feb. 1, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:06) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 39 rendered decisions Nos...
Illegal police entry does not render evidence of subsequent assault: COM. V. NELSON (COA 2/1/2008)
Posted on March 19, 2008COM. V. JOHNSON CRIMINAL: Illegal police entry does not render evidence of subsequent assault inadmissible 2006-CA-002200 PUBLISHED: REVERSING AND REMANDING PANEL: THOMPSON PRESIDING; BUCKINGHAM, HENRY CONCUR COUNTY: LEE DATE: 02/01/2008 CA ruled an illegal entry into a residence by a police officer does not render evidence of a subsequent assault against the officer inadmissible under the exclusionary rule...
New rule applied in retirement disability cases with opinion of a treating physician to be given greater weight than that of a government physician: CLAXON V. KENTUCKY RETIREMENT SYSTEMS (COA 2/1/2008)
Posted on March 19, 2008CLAXON V. KENTUCKY RETIREMENT SYSTEMS EMPLOYMENT: STATE RETIREMENTS BENEFITS: SUFFICIENCY OF MEDICAL EVIDENCE 2006-CA-002037 PUBLISHED: REVERSING AND REMANDING PANEL: HENRY PRESIDING; KELLER, TAYLOR CONCUR COUNTY: FRANKLIN DATE: 02/01/2008 Claxon appeals TC's denial of her motion to alter, amend or vacate its prior Order affirming the decision of the Kentucky Retirement Systems to deny her disability retirement benefits...
Income On NonMarital Property, Increase In Value Of Nonmarital Property, Maintenance: JONES v. JONES (COA 2/1/2008)
Posted on March 19, 2008JONES V. JONES FAMILY LAW: Income On NonMarital Property, Increase In Value Of Nonmarital Property, Maintenance 2006-CA-001870 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING PANEL: TAYLOR PRESIDING; LAMBERT, WINE CONCUR COUNTY: HENRY DATE: 02/01/2008 Ex-Husband appealed TC?s orders classifying his Tobacco Transition Payment Program (TTPP) payments and a portion of the increase in value of his life estate as marital and awarding maintenance and attorney?s fees to Ex-Wife in divorce proceeding...
Circuit court has inherent jurisdiction to partition real estate and estoppel applied to objections: HISLE V. LEXINGTON-FAYETTE URBAN COUNTY GOV'T (COA 2/1/2008)
Posted on March 19, 2008HISLE V. LEXINGTON-FAYETTE URBAN COUNTY GOV'T PROPERTY: Real estate partition and circuit court jurisdiction 2006-CA-001733 PUBLISHED: AFFIRMING PANEL: BUCKINGHAM, PJ; THOMPSON, HENRY CONCUR COUNTY: FAYETTE DATE: 02/01/2008 Edwin A. Hisle and Olive Sue Hisle Cook appealed from an Opinion and Order of the Fayette Circuit Court that denied their motion for relief brought pursuant to Kentucky Rules of Civil Procedure (CR) 60 ...
PSC order establishing economic development riders not authorized per statute: COM. V. THE PUBLIC SERVICE COMMISSION OF KY (COA 2/1/2008)
Posted on March 19, 2008COM. V. THE PUBLIC SERVICE COMMISSION OF KY ADMINISTRATIVE LAW: Jurisdiction, utility regulation 2006-CA-001652 PUBLISHED: REVERSING AND REMANDING PANEL: NICKELL, PJ; COMBS, WINE CONCUR COUNTY: FRANKLIN DATE: 02/01/2008 This appeal started with the state filing an action to vacate or set aside orders by the Public Service Commission (PSC) that authorized establishment of economic development riders to electric utility's general tariff...
Minutes for Kentucky Court of Appeals for March 14, 2008 (COA)(2008:13)
Posted on March 16, 2008UPDATED; AOC has updated the links in the minutes. SDS or "same day service" folks. Thanks!! NOTE: Some of the links in the Minutes for this week are 'bad' in that there is an extraneous "%20" just before the ".pdf" in the URL or link to the decision...
Minutes for Kentucky Court of Appeals for March 7, 2008 (COA)(2008:12)
Posted on March 08, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 37 rendered decisions - Numbered 280-316 4 published 287 Kentucky School Board Assoc. v. Veronica Jewell Link in minutes to this case is bad - try this one instead: http://opinions...
ARGUMENT CALENDAR: COA for March 2008
Posted on March 02, 2008For the entire argument calandare for the Kentucky Court of Appeals for the month of MARCH 2008, CLICK HERE. COAKY ARGUMENT CALENDAR MARCH 2008 COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY DATE: Monday, March 03, 2008 1:00 PM JUDGES COMBS DIXON KNOPF LEILANI CHRISTY CAREY VS DONALD JAYNES ET AL...
Minutes for Kentucky Court of Appeals for Feb. 29, 2008 (COA)(2008:11)
Posted on March 02, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 27 rendered decisions - Numbered 253-279 3 published - 254; 269; 274 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...
LAWWIRE: JAN. 25, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:05)
Posted on February 25, 2008JAN. 25, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:05) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 21 rendered decisions Nos...
Collection of judgement from medical practice: MICKLER V. MICKLER (COA 1/25/2008)
Posted on February 25, 2008MICKLER V. MICKLER FAMILY LAW: COLLECTION OF JUDGMENT FROM MEDICAL PRACTICE 2006-CA-001313 PUBLISHED: AFFIRMING PANEL: ACREE PRESIDING; CLAYTON, WINE CONCUR COUNTY: JEFFERSON DATE RENDERED: 1/25/2008 Husband appealed an order denying his challenge to a garnishment served by his former Wife on several insurance providers who owed money to Husband?s medical practice...
Affirmative waivers required for juvenile transfer hearings: LAKE V. COM. (COA 1/25/2008)
Posted on February 25, 2008LAKE V. COM. CRIMINAL: Waiver of transfer hearings for juveniles and affirmative waivers 2007-CA-000172 PUBLISHED: VACATING AND REMANDING PANEL: ACREE PRESIDING; NICKELL AND GUIDUGLI CONCUR COUNTY: KNOX DATE RENDERED: 1/25/2008 David Lake appeals from an order of the Knox Circuit Court denying his request for RCr 11...
Criminal forfeitures in cockfighting bust: FALL V. COM. (COA 1/25/08)
Posted on February 25, 2008FALL V. COM. CRIMINAL: FORFEITURES 2007-CA-000885 PUBLISHED: AFFIRMING PANEL: WINE PRESIDING; KELLER, THOMPSON CONCUR COUNTY: MONTGOMERY DATE RENDERED: 1/25/2008 CA affirmed TC's order forfeiting money seized from cockfighting bust. Because the 27 appellants failed to establish that they were innocent owners of the $171,000...
Annexation and restrictive covenants: JEWELL V. CITY OF BARDSTOWN, KY (COA 1/25/08)
Posted on February 25, 2008JEWELL V. CITY OF BARDSTOWN, KY ANNEXATION: RESTRICTIVE COVENANT AND ESTOPPEL 2007-CA-000422 PUBLISHED: AFFIRMING PANEL: LAMBERT PRESIDING; VANMETER, KNOPF CONCUR COUNTY: NELSON DATE RENDERED: 1/25/2008 The City of Bardstown (the ?City?) began annexation proceedings on some unincorporated property...
Supreme Court Arguments for March 12, 13 & 14, 2008
Posted on February 24, 2008Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument. WEDNESDAY, MARCH 12, 2008 9:00 a.m. WORKFORCE DEVELOPMENT CABINET V GAINES (2005-SC-965-DG) "Kentucky Whistleblower Act...
Discretionary Review Grants by SCOKY - Jan. 16, 2008
Posted on February 24, 2008Brownlee and USA v. Ky. Unemployment Ins. Commission 2007-SC-000126-DG, Hardin 2005CA002255 - http://opinions.kycourts.net/coa/2005-CA-002255.pdf COA affirmed trial court's award of unemployment benefits for good cause which the Army challenged since DOD employees retiring early and receiving voluntary separation incentives...
Minutes for Kentucky Court of Appeals for Feb. 22, 2008 (2008:10)
Posted on February 23, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 35 rendered decisions - Numbered 218-252 5 published - 218; 227; 231; 235; 250 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...
Minutes for Kentucky Supreme Court for Feb. 21, 2008 (2008:09)
Posted on February 23, 2008Click here for minutes at AOC with links to full text of each decision Click here for blog posting of minutes with highlights 26 rendered decisions: 24-49 10 published (24-33) 10 disciplinary matters (5 published) 7 of 43 cases granted discretionary review - 16...
State's duty regarding the maintenance of public roads: KY TRANSPORTATION CABINET V. AMANDA GUFFEY, ADM'X OF ESTATE OF JEREMIAH GUFFEY (SC 1/24/2008)
Posted on February 20, 2008KY TRANSPORTATION CABINET V. AMANDA GUFFEY, ADM'X OF ESTATE OF JEREMIAH GUFFEY TORTS: DUTY TO MAINTAIN PUBLIC ROADWAYS 2006-SC-000436-DG.pdf PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING OPINION BY CUNNINGHAM DATE RENDERED: 01/24/2008 KY Transportation Cabinet, Dept...
Pizza delivery, franchising, vicarious liability, and malicious prosecution: PAPA JOHN'S INTERNATIONAL V. MCCOY (SC 1/24/2008)
Posted on February 20, 2008PAPA JOHN'S INTERNATIONAL V. MCCOY TORTS: MALICIOUS PROSECUTION; DEFAMATION; FRANCHISING; VICARIOUS LIABILITY 2005-SC-000614-DG.pdf PUBLISHED: REVERSING OPINION BY MINTON; SCOTT CONCURS IN PART, DISSENTS IN PART BY SEP. OPINION; LAMBERT DISSENTS BY SEP...
"Initial permission" rule adopted for omnibus liability auto coverage: MITCHELL V. ALLSTATE INS. CO. (SC 1/24/2008)
Posted on February 20, 2008MITCHELL V. ALLSTATE INS. CO. TORTS: INITIAL PERMISSION RULE AND PERMISSIVE USE UNDER OMNIBUS LIABILITY AUTO POLICY 2005-SC-000571-DG.pdf PUBLISHED: REVERSING AND REMANDING OPINION BY SCOTT; MINTON CONCURS IN RESULT ONLY BY SEP. OP. WITH ABRAMSON JOINING DATE RENDERED: 01/24/2008 Two issues were up on appeal...
Juvenile jurisdiction and age 18: COM. V. S.K. (SC 1/24/2008)
Posted on February 20, 2008COM. V. S.K. CRIMINAL: JUVENILE JURISDICTION AND TURNING 18 2006-SC-000449-DG.pdf PUBLISHED: REVERSING AND REMANDING OPINION BY SCHRODER; ABRAMSON CONCURS IN PART AND DISSENTS IN PART BY SEP OPINION IN WHICH MINTON AND NOBLE JOIN DATE RENDERED: 01/24/2008 SC reversed CA and ruled the juvenile session of the district court retains jurisdiction over a person (accused of committing a public offense before he turned eighteen years of age) after that person turns eighteen in order to conduct adjudication and disposition hearings, and to order and enforce orders of restitution...
Passenger and traffic stop search: OWENS V. COM. (SC 1/24/2008)
Posted on February 20, 2008OWENS V. COM. CRIMINAL: SEARCH AND SEIZURE (TRAFFIC STOP AND INVESTIGATORY SEARCH ON PASSENGER) 2006-SC-000037-MR.pdf PUBLISHED: AFFIRMING OPINION BY: MINTON (NOBLE, SCHRODER CONCUR) DATE RENDERED: 01/24/2008 TC properly denied the automobile passenger's motion to suppress evidence of contraband seized from him during traffic stop...
Government erred in not producing statements to defense: GRANT V. COM. (SC 1/24/2008)
Posted on February 20, 2008GRANT V. COM. CRIMINAL: GOVERNMENT DUTY TO PRODUCE EVIDENCE 2005-SC-000853-MR.pdf PUBLISHED: VACATING AND REMANDING OPINION: BY LAMBERT DATE RENDERED: 01/24/2008 SC reversed and remanded Defendant's convictions for manufacturing methamphetamine while in possession of a firearm and possession of a controlled substance (methamphetamine) while in possession of a firearm...
Defendant should have been given directed verdict: HATFIELD V. COM. (SC 1/24/2008)
Posted on February 20, 2008HATFIELD V. COM. CRIMINAL: DIRECTED VERDICT 2006-SC-000333-MR.pdf PUBLISHED: AFFIRMING IN PART, REVERSING IN PART OPINION BY SCOTT DATE RENDERED: 01/24/2008 SC affirmed Defendant's convictions for attempted murder and intimidating a witness. However, Defendant's conviction for kidnapping was reversed and the matter remanded back to the Clay Circuit Court for resentencing...
Immigration consequences collateral to Sixth Amendment: COM. V. PADILLA (SC 1/24/2008)
Posted on February 20, 2008COM. V. PADILLA CRIMINAL: IMMIGRATION ISSUES ARE COLLATERAL TO SIXTH AMENDMENT 2006-SC-000321-DG.pdf PUBLISHED: REVERSING OPINION BY LAMBERT; CUNNINGHAM DISSENTS BY SEP OPINION IN WHICH SCHRODER JOINS DATE RENDERED: 01/24/2008 SC reversed the CA and reinstated the final judgment of the Hardin Circuit Court denying Padila's RCr 11...
Prior knowledge by cops corroborated anonymous tip: COM. V. MORGAN (SC 1/24/2008)
Posted on February 20, 2008COM. V. MORGAN CRIMINAL: SEARCH AND SEIZURE (INVESTIGATORY STOP, VEHICLE) 2005-SC-000702-DG.pdf PUBLISHED: REVERSING OPINION BY ABRAMSON; NOBLE CONCURS BUT WOULD STRESS THAT MERELY LEAVING ONE'S HOME AFTER A POLICE CAR DRIVES BY WOULD NEVER STANDING ALONE CONSTITUTE A REASONABLE SUSPENSION TO MAKE AN INVESTIGATORY STOP DATE RENDERED: 01/24/2008 SC reversed the CA and reinstated Morgan's conviction for drug offenses...
LAWWIRE: JAN. 24, 2008 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2008:04)
Posted on February 20, 2008JAN. 24, 2008 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2008:04) HTML Version of the LawWire - PUBLISHED and NonPUBLISHED decisions. PDF Version. MINUTES from AOC for this week (from AOC Web Site) Decisions no. 1-23 23 decisions rendered with 14 published; 4 Disciplinary cases; 5 of 24 discretionary reviews granted (or 20...
Reopening workers comp case and impact on medicals and disability award implications: BARTEE V. UNIVERSITY MEDICAL CENTER (SC 1/24/2008)
Posted on February 20, 2008BARTEE V. UNIVERSITY MEDICAL CENTER WORKERS COMP: REOPENING 2007-SC-000094-WC.pdf PUBLISHED: AFFIRMING OPINION OF THE COURT DATE RENDERED: 01/24/2008 The Supreme Court affirmed a finding that the Claimant?s entitlement to temporary total disability cannot be granted prior to a motion to reopen having been filed by the Plaintiff...
Employer is presumed to know specific state and federal statutes and regulations concerning workplace safety: CHANEY V. DAGS BRANCH COAL CO. (SC 1/24/2008)
Posted on February 20, 2008CHANEY V. DAGS BRANCH COAL CO. WORKERS COMP: SAFETY VIOLATION 2007-SC-000093-WC.pdf PUBLISHED: REVERSING AND REMANDING OPINION OF THE COURT DATE RENDERED: 01/24/2008 The workers? compensation law provides a 30% increase in compensation if an accident is caused by an employer?s intentional failure to comply with a specific safety regulation...
Improper hearsay results in reversal of conviction: MONROE V. COM. (SC 1/24/2008)
Posted on February 19, 2008MONROE V. COM. CRIMINAL: IMPROPER HEARSAY RESULTS IN REVERSAL 2005-SC-000312-MR.pdf PUBLISHED: REVERSING OPINION BY NOBLE; SCOTT CONCURS IN PART AND DISSENTS IN PART BY SEP. OPINION IN WHICH MINTON JOINS DATE RENDERED: 01/24/2008 In this high profile Jefferson County case, the SC reversed Defendant's conviction for murder due to the introduction of improper hearsay testimony...
Post conviction witness travel expenses for defendant: HODGE V. HON. EDDY COLEMAN (SC 1/24/2008)
Posted on February 19, 2008HODGE V. HON. EDDY COLEMAN CRIMINAL: POST CONVICTION TRAVEL EXPENSES FOR WITNESSES 2007-SC-000073-OA.pdf PUBLISHED: 1224 DATE RENDERED: 1/24/2008 This case required SC to determine if indigent post-conviction petitioners are entitled to public funds for the travel expenses of their out-of-county witnesses in cases in which a court has determined that an evidentiary hearing is necessary to resolve the post-conviction motion...
Timeliness of appeal and CR 54.02: WATSON V. BEST FINANCIAL SERVICES, INC. (SC 1/24/2008)
Posted on February 19, 2008WATSON V. BEST FINANCIAL SERVICES, INC. APPEALS: CR 54.02 (NOT ALL CLAIMS) 2006-SC-000393-DG.pdf PUBLISHED: AFFIRMING OPINION BY: MINTON (SCHRODER NOT SITTING; ABRAMSON CONCURS IN RESULT ONLY) DATE RENDERED: 01/24/2008 Watson sued BEST FINANCIAL (BF), and after some litigation, the trial court entered a partial summary judgment in favor of BF...
Discretionary Review Grants by SCOKY for Dec. 2007
Posted on February 17, 2008Ten motions for discretionary review were granted in December. Greg Beaver v. Kevin Oakley. 2005CA001471. http://162.114.92.72/COA/2005-CA-001471.pdf COA held trial court erroneously granted summary judgment in favor of employer finding he was not entitled to the up the ladder defense under the exclusive remedy provisions under KRS 342...
6th Cir. Decisions for Week of Feb. 11, 2008 (No Ky. Decisions)
Posted on February 17, 20086th Cir. Decisions for Week of Feb. 11, 2008 (No Ky. Decisions)
6th Cir. Decisions for Week of Feb. 4, 2008 (1 Ky. Decision)
Posted on February 17, 20086th Cir. Decisions for Week of Feb. 4, 2008 (1 Ky. Decision)
MINUTES (COA): February 15, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:08)
Posted on February 16, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 47 rendered decisions - Numbered 171-217 6 published - 176 (crim); 177 (crim); 182 (fam); 192 (probate); 208 (regulatory); 213 (work comp) Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...
MINUTES (COA): February 8, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:07)
Posted on February 09, 2008February 8, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:07) Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 30 rendered decisions - Numbered 141-170 3 published - 155; 160; 167...
LAWWIRE: JAN. 18, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:03)
Posted on February 03, 2008JAN. 18, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:03) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 36 rendered decisions Nos...
Malicious prosecution: CRAYCROFT V. PIPPIN (COA 1/18/2008)
Posted on February 03, 2008CRAYCROFT V. PIPPIN TORTS: Malicious prosecution 2006-CA-001569 PUBLISHED: VACATINGA ND REMANDING PANEL: TAYLOR PRESIDING; COMBS, ACREE CONCUR COUNTY: JEFFERSON DATE RENDERED: 01/18/2008 CA vacates and remands the TC entry of SJ dismissing this malicious prosecution claim...
Judicial disqualification learned after the case: KESSLER HOMES, IC. V. PETZOLD (COA 1/18/2008)
Posted on February 03, 2008KESSLER HOMES, IC. V. PETZOLD JUDGES: Disqualification 2006-CA-001127 PUBLISHED: VACATING AND REMANDING PANEL: LAMBERT PRESIDING; DIXON, ROSENBLUM CONCUR COUNTY: FAYETTE DATE RENDERED: 01/18/2008 This action began when Kessler Homes sued the Petzolds for the outstanding balance on a house construction contract...
Open records request and privileged documents: COMMONWEALTH OF KY V. SCORSONE (COA 1/18/2008)
Posted on February 03, 2008COMMONWEALTH OF KY V. SCORSONE GOVERNMENT: Open records request EVIDENCE: Attorney client privilege 2006-CA-001704 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING PANEL: LAMBERT PRESIDING; TAYLOR CONCURS; WINE CONCURS IN PART, DISSENTS IN PART, AND FILES SEP...
Mediated separation agreeement: RAISOR V. RAISOR (COA 1/18/2008)
Posted on February 03, 2008RAISOR V. RAISOR FAMILY LAW: Separation and property settlement agreements (mediated) 2006-CA-001935 PUBLISHED: AFFIRMING PANEL: DIXON PRESIDING; STUMBO, WINE CONCUR COUNTY: SPENCER DATE RENDERED: 01/18/2008 Ex-Wife appealed from TC?s order adopting the Separation and Property Settlement Agreement between Ex-Wife and Ex-Husband...
Disclosure of Intoxilyzer source code: HOUSE V. COM. (COA 1/18/2008)
Posted on February 03, 2008HOUSE V. COM. CRIMINAL: DUI and disclosure of Intoxilyzer 5000's source code 2007-CA-000417 PUBLISHED: REVERSING PANEL: ROSENBLUM PRESIDING; DIXON CONCURS; LAMBERT DISSENTS AND FILES SEP. OPINION COUNTY: FAYETTE DATE RENDERED: 01/18/2008 On discretionary review, CA reversed the District Court order granting of the Commonwealth of Kentucky and CMI, Inc...
In forma pauperis and KRS 454.410(2) fee waiver: EDWARDS V. VAN ROSTYNE (COA 1/18/2008)
Posted on February 03, 2008EDWARDS V. VAN ROSTYNE CRIMINAL LAW: In forma pauperis and KRS 454.410(2) fee waiver 2006-CA-002023 PUBLISHED: AFFIRMING IN PART, REMANDING PANEL: ACREE PRESIDING; TALOR CONCURS; COMBS DISSENTS AND FILES SEP. OPINION COUNTY: JEFFERSON DATE RENDERED: 01/18/2008 CA affirmed in part and reversed in part Jefferson Circuit Court's dismissal of inmate's civil action ?against everyone who is involved, even remotely, in the prosecution of a pending indictment against him...
LAWWIRE: JAN. 11, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:02)
Posted on February 03, 2008JAN. 11, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:02) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 20 rendered decisions Nos...
Motion to suppress, competency, and failure to preserve error: SMITH V. COMMONWEALTH (COA 1/11/2008)
Posted on February 03, 2008SMITH V. COMMONWEALTH CRIMINAL: Competency motions and failure to preserve for appeal (motion to suppress) 2007-CA-000111 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; HENRY CONURS; BUCKINGHAM CONCURS IN RESULT ONLY COUNTY: FAYETTE DATE RENDERED: 01/11/2008 COA affirmed conviction following Martin Dewayne Smith's appeal from a judgment following his conditional guilty plea to criminal attempt to commit kidnapping and tampering with physical evidence...
Search and seizure: LATERZA V. COMMONWEALTH (COA 1/11/2008)
Posted on February 03, 2008LATERZA V. COMMONWEALTH CRIMINAL: Search and Seizure 2007-CA-000006 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; BUCKINGHAM, HENRY CONCUR COUNTY: BOONE DATE RENDERED: 01/11/2008 TC did not err by admitting evidence of marijuana and drug paraphernia seized following trash pulls and obtained subsequent to the videotaped surveillance of Laterza's residence...
Crime of wanton endangerment: COMMONWEALTH V. INA COCHRAN (COA 1/11/2008)
Posted on February 03, 2008COMMONWEALTH V. INA COCHRAN CRIMINAL: Wanton endangerment 2006-CA-001561 PUBLISHED: REVERSING PANEL: MOORE PRESIDING; VANMETER CONCURS IN RESULT ONLY; COMBS CONCURS IN RESULT ONLY AND FILES SEPARATE OPINION COUNTY: CASEY DATE RENDERED: 01/11/2008 CA reversed TC's dismissal of the indictment against Cochran for wanton endangerment following birth of her child with cocaine in her system...
Setting aside default judgment: LEEDY V. THACKER (COA 1/11/2008)
Posted on February 03, 2008LEEDY V. THACKER CIVIL PROCEDURE: Default judgment, appearances, and setting aside for good cause 2006-CA-002313 PUBLISHED: REVERSING AND REMANDING PANEL: HENRY PRESIDING; TAYLOR, HENRY CONCUR COUNTY: PIKE DATE RENDERED: 01/11/2008 The CA reverses and remands entry of default judgment in two trespass cases for failure to notify the defendant/appellant, who had filed a pro se answer...
ARGUMENTS: Supreme Court Arguements for Feb. 13, 14 & 15, 2008
Posted on February 02, 2008Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument. WEDNESDAY, FEBRUARY 13, 2008 9:00 a.m. KING DRUGS, INC., ET AL...
COAKY: February 2008 Court of Appeals Argument Calendar posted.
Posted on February 01, 2008February 2008 Court of Appeals Argument Calendar posted.
February 1, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:06)
Posted on February 01, 2008Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 39 rendered decisions - Numbered 102-140 5 published - 112; 113; 114; 116; 119. Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...
WEEKLY SUMMARIES (COA): JAN. 4, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:01)
Posted on January 27, 2008JAN. 4, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:01) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 24 rendered decisions Nos...
Probate jurisdiction dispute betweenc circuit and probate courts over adversary proceeding: HALE V. MOORE (COA 1/4/2008)
Posted on January 27, 2008HALE V. MOORE PROBATE: Adversary proceedings (district vs. circuit court jurisdiction issues); Fees for executrix and attorney (same person) 2005-CA-001895 TO BE PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING WITH DIRECTION PANEL: NICKELL PRESIDING; HOWARD, TAYLOR CONCUR COUNTY: SHELBY DATE RENDERED: 01/04/2008 This case involves the classic jurisdictional dispute between District and Circuit Courts...
Valuation of business property, loans, and maintenance when on SSD addressed divorce order: BRENZEL V. BRENZEL (COA 1/4/2008)
Posted on January 27, 2008BRENZEL V. BRENZEL FAMILY LAW: Valuation of business property 2005-CA-002318 TO BE PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; NICKELL AND STUMBO CONCUR COUNTY: JEFFERSON Date: 01/04/2008 Husband appealed TC?s Order resulting from distribution of property in dissolution action, alleging that TC erred when it valued his interest in businesses partially owned by him and when it denied his CR 60...
Marital property in home equity and dissipation of asset: HESKETT V. HESKETT (COA 1/4/2008)
Posted on January 27, 2008HESKETT V. HESKETT FAMILY LAW: Marital property division by court of equity in home 2006-CA-001900 TO BE PUBLISHED: REVERSING AND REMANDING PANEL: THOMPSON PRESIDING; WINE, HENRY CONCUR COUNTY: FRANKLIN DATE RENDERED: 01/04/2008 Wife appealed TC?s decision arguing that the court failed to restore her non-marital property...
No jail time credit for house arrest when condition to pretrial release: TINDELL V. COM. (COA 1/4/2008)
Posted on January 27, 2008TINDELL V. COM. CRIMINAL: Sentencing - jail time credit for home incarceration when bail was a condition and not in lieu of 2007-CA-000008 TO BE PUBLISHED: AFFIRMING PANEL: WINE PRESIDING; VANMETER AND GUIDUGLI CONCUR DATE RENDERED: 01/04/2008 The sole issue on appeal concerns Tindell?s request for credit for the time he served on ?house arrest? following his release on bail