Kentucky

COA 2009 Minutes: December 11, 2009 (Nos. 1246-1270)

Posted on December 17, 2009
COA 2009 Minutes: December 11, 2009 (Nos. 1246-1270) 25 decisions 4 published Published Decisions with digest and link to full text decision at AOC: 1246 - FAMILY LAW, WORKERS COMP AS MARITAL PROPERTY Day v. Day APPEAL FROM KENTON FAMILY COURT HONORABLE CHRISTOPHER J...

WORKERS COMPENSATION: Bowerman v. Black Equipment Company (COA 10/2/2009)

Posted on December 16, 2009
Bowerman v. Black Equipment Company 2008-CA-000828 10/02/09 2009 WL 3162147 Released for publication Opinion by Judge Nickell; Judge Caperton concurred; Judge Keller dissented by separate opinion. The Court reversed and remanded an opinion of the Workers? Compensation Board affirming the opinion and award of an Administrative Law Judge...

TORTS - Jury trial, retroactivity: Hawes v. LaPointe (COA 10/16/2009)

Posted on December 16, 2009
Hawes v. LaPointe 2008-CA-001559 10/16/09 2009 WL 3321082 Rehearing Pending Opinion by Judge Dixon; Judge Caperton and Senior Judge Henry concurred. The Court vacated and remanded an order of the circuit court dismissing appellant?s/cross-appellee?s civil action against appellee/cross-appellant in which he sought damages for assault, battery and emotional distress...

TORTS : Goodman v. Goldberg & Simpson, P.S.C. (COA 10/16/2009)

Posted on December 16, 2009
Goodman v. Goldberg & Simpson, P.S.C. 2008-CA-000921 10/16/09 2009 WL 3321024 Rehearing Pending Opinion by Senior Judge Harris; Judges Acree and Lambert concurred. The Court affirmed a summary judgment granted in favor of lawyers (including appellant?s brother) and a law firm and dismissed appellant?s tort claims against them related to the distribution of assets from two estates...

To access this complete feed in the blog feed reader login or register for free.

PROPERTY - Equitable subrogation, liens: Roberts v. Mortgage Electronic Registration Systems, Inc. (COA 10/30/2009)

Posted on December 16, 2009
Roberts v. Mortgage Electronic Registration Systems, Inc. 2008-CA-000262 10/30/09 2009 WL 3486594 Opinion by Judge Thompson; Chief Judge Combs concurred; Senior Judge Buckingham dissented by separate opinion. The Court reversed and remanded an order of the circuit court granting a motion for default and summary judgment...

REAL PROPERTY - Easement: Jones v. Sparks (COA 10/16/2009)

Posted on December 16, 2009
Jones v. Sparks 2008-CA-002006 10/16/09 2009 WL 3321370 Opinion by Judge Lambert; Judge Stumbo and Senior Judge Henry concurred. The Court affirmed a judgment of the circuit court finding that appellants did not have an easement to use a road on appellees? property...

JUVENILES - Habitual runaway: J. S. v. Commonwealth (COA 10/30/09)

Posted on December 16, 2009
J. S. v. Commonwealth 2009-CA-000805 10/30/09 2009 WL 3487870 Opinion by Judge Acree; Judges Caperton and Keller concurred. The Court affirmed an order of the family court committing appellant to the Cabinet for Health and Family Services as a habitual runaway...

NO FAULT INSURANCE - Additional PIP benefits: Cain v. American Commerce Insurance Company, Inc. (COA 12/15/2009)

Posted on December 15, 2009
Cain v. American Commerce Insurance Company, Inc. 2008-CA-001500 10/30/09 2009 WL 3486701 Opinion by Judge Stumbo; Judges Acree and Wine concurred. The Court affirmed a declaratory and final judgment of the circuit court interpreting KRS 304.39-140 and determining that appellee fully satisfied its obligation to pay benefits under an insurance policy it issued to appellant...

UNDERINSURED MOTORIST BENEFITS - UIM, advances, estoppel/waiver of coverage: Bryant v. Hopkins (COA 10/9/2009)

Posted on December 15, 2009
Bryant v. Hopkins 2008-CA-002099 10/09/09 2009 WL 3231220 DR Pending Opinion by Judge Lambert; Senior Judge Henry concurred; Judge Stumbo dissented by separate opinion. The Court affirmed an order of the circuit court granting summary judgment and dismissing appellant?s complaint against the appellee insurer for underinsured motorist (UIM) benefits...

FAMILY LAW - Military retirement benefits, marital property, CR 60.02(f) to amend: Snodgrass v. Snodgrass (COA 10/16/2009)

Posted on December 15, 2009
Snodgrass v. Snodgrass 2007-CA-001974 10/16/09 2009 WL 3320601 Opinion by Judge Acree; Judge Clayton concurred; Judge Keller concurred in result only. The Court vacated and remanded an order of the circuit court denying relief to appellant pursuant to , CR 60...

FAMILY LAW - Marital property & tracing, attorneys fees: Rearden v. Rearden (COA 10/2/2009)

Posted on December 15, 2009
Rearden v. Rearden 2006-CA-002362 10/02/09 2009 WL 3231237 Opinion by Judge Nickell; Judge Lambert and Senior Judge Henry concurred. The Court affirmed in part, reversed in part and remanded a judgment of the family court classifying various items as marital property and denying an award of attorneys? fees in a dissolution action...

FAMILY LAW - Settlement agreement,debts, unconscionability: Money v. Money (COA 10/16/2009)

Posted on December 15, 2009
Money v. Money 2007-CA-001750 10/16/09 2009 WL 3320594 Opinion by Senior Judge Harris; Judges Acree and Clayton concurred. The Court affirmed an order of the circuit court assigning additional marital debt to appellant and denying appellee?s motion to find the parties? settlement agreement unconscionable...

FAMILY LAW - Contempt, sale of marital property: Crowder v. Rearden (COA 10/02/2009)

Posted on December 15, 2009
Crowder v. Rearden 2007-CA-002604 10/02/09 2009 WL 3231360 Opinion by Judge Nickell; Judge Lambert and Senior Judge Henry concurred. The Court affirmed orders of the family court finding appellant in contempt for her failure to cooperate with the sale of a marital residence and for her failure to pay her portion of the mortgage and denying a motion to alter, amend or vacate the order...

FAMILY LAW - Parental rights termination: C.R.G. v. Cabinet for Health and Family Services (COA 10/30/2009)

Posted on December 15, 2009
C.R.G. v. Cabinet for Health and Family Services 2009-CA-000276 10/30/09 2009 WL 3487036 Opinion by Judge Thompson; Judges Stumbo and Wine concurred. The Court affirmed an order of the family court terminating appellants? parental rights to their minor children...

EMPLOYMENT - Whistleblower Act: Powers v. Lexington-Fayette Urban County Government (COA 10/30/2009)

Posted on December 15, 2009
Powers v. Lexington-Fayette Urban County Government 2008-CA-000081 10/30/09 2009 WL 3486423 Opinion by Judge Acree; Chief Judge Combs and Senior Judge Buckingham concurred. The Court affirmed a judgment of the circuit court entered pursuant to a jury verdict in favor of an employer on an employee?s claim that her employment was terminated in violation of the Whistleblower Act, KRS 61...

November 2009 COA Case Summary Report (Published Decisions)

Posted on December 14, 2009
The 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...

Input requested on minutes format

Posted on December 14, 2009
Input requested regarding short digests of introductory paragraphs of published decisions added to the posts of the published minutes of the COA and SCOKY. A few months ago, I thought it useful to copy and paste the opening paragraphs from each of the published decisions into my postings of the minutes...

Projected 2010 Changes to the Kentucky Court Report - No more individual posts of criminal law decisions. All else remains the same.

Posted on December 14, 2009
Planned format change beginning 2010. I am going to stop providing individual posts to the criminal law decisions effective with those decisions published in 2010. I will continue to making the following posts: Links to the minutes for the COA and SC which will contain links to the full text of the published decisions (civil and criminal cases) Short digest of the published decisions (civil only) in each posting of the minutes Monthly case summaries of the COA and SC Monthly argument calendars for COA and SC Monthly postings of the discretionary review grants for the SCOKY Videos of any SC arguments that I either 'rip' as made or am provided by counsel The only thing that will be missing is the individual postings of published criminal law decisions (which will still be found in the COA and SC monthly summaries provided by AOC)...

CRIMINAL - Duty to disclose: Thorpe v. Commonwealth (COA 10/2/2009)

Posted on December 14, 2009
Thorpe v. Commonwealth 2008-CA-000823 10/02/09 2009 WL 3151027 Released for publication Opinion by Chief Judge Combs; Judge Thompson and Senior Judge Harris concurred. The Court reversed and remanded for a new trial, appellant?s conviction of fraudulently obtaining a prescription for a controlled substance and of being a persistent felony offender...

CRIMINAL - Search & Seizure: Smith v. Commonwealth (COA 10/23/2009)

Posted on December 14, 2009
Smith v. Commonwealth 2008-CA-000770 10/23/09 2009 WL 3400285 Opinion by Judge Caperton; Judge Stumbo and Senior Judge Buckingham concurred. The Court affirmed a judgment of the circuit court entered pursuant to appellant?s conditional guilty plea after the court denied a motion to suppress evidence...

CRIMINAL - Probation: Rosario v. Commonwealth (COA 10/2/2009)

Posted on December 14, 2009
Rosario v. Commonwealth 2008-CA-002053 10/02/09 2009 WL 3151116 DR Pending Opinion by Judge Caperton; Judges Clayton and Dixon concurred. The Court affirmed an order of the circuit court denying appellant?s motion to modify the terms of his probation...

CRIMINAL - CR 11.42: Noland v. Commonwealth (COA 10/09/2009)

Posted on December 14, 2009
Noland v. Commonwealth 2008-CA-000876 10/09/09 2009 WL 3231461 DR Pending Opinion by Judge Caperton; Judges Keller and Lambert concurred. The Court affirmed an order of the circuit court denying appellant?s motion to vacate his conviction pursuant to RCr 11...

CRIMINAL - Sentence credit, parolee: Hill v. Thompson (COA 10/23/2009)

Posted on December 14, 2009
Hill v. Thompson 2009-CA-000015 10/23/09 2009 WL 3400680 Opinion by Judge Caperton; Judges Clayton and Dixon concurred. The Court affirmed an order of the circuit court denying appellant?s petitions for declaration of rights under House Bill 406 and the rules of policy and procedure of the Kentucky Department of Corrections (DOC)...

CRIMINAL - Disqualified juror sitting: Commonwealth v. Brewer (COA 10/30/2009)

Posted on December 14, 2009
Commonwealth v. Brewer 2008-CA-001503 10/30/09 2009 WL 3486704 Opinion by Judge Acree; Judges Taylor and Thompson concurred. The Court reversed a trial court order declaring a jury verdict void ab initio and granting appellee a new trial and ordered the trial court to reinstate the verdict and enter a judgment of conviction...

CRIMINAL - CR 60.02: Campbell v. Commonwealth (COA 10/30/2009)

Posted on December 14, 2009
Campbell v. Commonwealth 2008-CA-001881 10/30/09 2009 WL 3486711 Opinion by Judge Caperton; Judges Dixon and Taylor concurred. The Court affirmed an order of the circuit court denying appellant?s motion filed pursuant to CR 60.02 to correct his sentence in light of Peyton v...

CRIMINAL Sentencing, Plea Agreement, Sex Offender Registration: Buford v. Commonwealth (COA 10/2/2009)

Posted on December 14, 2009
Buford v. Commonwealth 2008-CA-001272 10/02/09 2009 WL 3151090 DR Pending Opinion by Judge Thompson; Chief Judge Combs and Senior Judge Buckingham concurred. The Court reversed an order of the circuit court denying a motion for specific performance of a plea agreement and remanded to allow appellant to withdraw his guilty plea...

SEARCH & SEIZURE, Reasonable suspicion: Akins v. Commonwealth (COA 10/16/2009)

Posted on December 14, 2009
Akins v. Commonwealth 2008-CA-000286 10/16/09 2009 WL 3321012 Opinion by Chief Judge Combs; Judge Thompson and Senior Judge Harris concurred. The Court affirmed a judgment of the circuit court convicting appellant of carrying a concealed deadly weapon, possession of marijuana, and possession of a handgun by a convicted felon, and sentencing him as a persistent felony offender (PFO)...

BUSINESS, Noncompete Clause: Kegel v. Tillotson (COA 10/30/2009)

Posted on December 14, 2009
Kegel v. Tillotson 2008-CA-001938 10/30/09 2009 WL 3486739 Opinion by Judge Caperton; Judges Dixon and Taylor concurred. The Court reversed and remanded an order of circuit court granting a motion for summary judgment in favor of appellee and denying a motion for summary judgment in favor of appellants on appellants? complaint alleging that appellee violated, and continued to violate a non-compete clause she signed with the prior owner of the business for which she worked selling promotional products and advertising merchandise...

Civil Procedure - Lack of prosecution, dismissal, discovery: Brian Jaroszewski & Amy Page-Jaroszewski v. Charles F. Flege & Karen Jaroszewski (SC 10/29/2009)

Posted on December 13, 2009
Brian 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...

ATTORNEY DISCIPLINE: SCOKY for October 2009

Posted on December 13, 2009
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...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.