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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: 11.5/day Last Entry: March 27, 2011 at 22:42:59 Recent Entries: 918
Go to Kentucky Cases, find other Kentucky blogs, or browse all law blogs.
Workers Comensation - Compensable period for permanent partial disability: Betty J. Sweasy v. Wal-Mart (SC 10/29/2009)
Posted on December 13, 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...
Torts - Legal negligence, conflict of interest in 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. v. Chappell (SC 10/29/2009)
Posted on December 13, 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...
Insurance - Workers Compensation coverage issue: Kentucky Associated General Contractors Self-Insurance Fund (KAGC) v. Music Construction, Inc. (SC 10/29/2009)
Posted on December 13, 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 Law - Peremptory strikes, Shane: Richard Gabbard v. Commonwealth of Kentucky (SC10/29/2009)
Posted on December 13, 2009Richard Gabbard v. Commonwealth of Kentucky 2008-SC-000062-MR October 29, 2009 Opinion by Justice Noble. All sitting; all concur. Gabbard argued his murder conviction must be reversed under Shane since he was forced to use two peremptory strikes to remove two jurors who should have been struck for cause...
Criminal Law - Blockburger, multiple issues: Tommie Brown v. Commonwealth of Kentucky (SC 10/29/2009)
Posted on December 13, 2009Tommie Brown v. Commonwealth of Kentucky 2008-SC-000281-MR October 29, 2009 Opinion by Justice Noble. All sitting; all concur. Brown was convicted of multiple charges after an incident where he led police on a high-speed chase. On appeal, the Court reversed Brown?s convictions of two counts of second-degree wanton endangerment as violative of the prohibition on double jeopardy...
Criminal Law - Sentencing, consecutive, felony sex crimes: Michael Cecil v. Commonwealth of Kentucky (SC 10/29/2009)
Posted on December 13, 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 Law - Former cellmate testimony, notice: Andre Finnell v. Commonwealth of Kentucky (SC 10/29/2009)
Posted on December 13, 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 - Range of dates, indictment, criminal offense: Roy Applegate v. Commonwealth of Kentucky (SC 10/29/2009)
Posted on December 13, 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 - Relevance of urinalysis testing re type of intoxicant: Steve Burton v. Commonwealth of Kentucky (SC 10/29/2009)
Posted on December 13, 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...
Criminal Procedure - DUI Roadblock, Terry stop, reasonable suspicion: Mark E. Bauder v. Commonwealth of Kentucky (SC 10/29/2009)
Posted on December 13, 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 limitiations (SOL), tolling, deception: Tim Emberton v. GMRI Inc. (d/b/a Red Lobster Restaurant #349) (SC 10/29/2009)
Posted on December 13, 2009Tim Emberton v. GMRI Inc. (d/b/a Red Lobster Restaurant #349) 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...
OCTOBER 2009 COA Case Summary Report (Published Decisions)
Posted on December 11, 2009OCTOBER 2009 COA Case Summary Report (Published Decisions) 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...
Tort Report: Dec. 4, 2009 COA Decisions (none published)
Posted on December 11, 2009Dec. 4, 2009 COA Decisions Dealing with Torts and Insurance Names, intro, and links to full text: TORT DECISIONS: 1232 Medical Negligence John D. King vs. Dr. John R. Allen OPINION AFFIRMING APPELLEE RENDERED: DECEMBER 4, 2009; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO...
COA 2009 Minutes: December 4, 2009 (Nos. 1225-1245)
Posted on December 11, 2009COA 2009 Minutes: December 4, 2009 (Nos. 1225-1245) 21 decisions 4 published Published Decisions with digest and link to full text decision at AOC: 1236 Family Law - Child Custody Modification Biggs vs. Biggs OPINION VACATING AND REMANDING ** ** ** ** ** BEFORE: COMBS, CHIEF JUDGE; WINE, JUDGE; GRAVES,1 SENIOR JUDGE...
SCOKY 2009 Minutes: November 25, 2009 (Nos. 249-273)
Posted on December 02, 2009November 25, 2009 Supreme Court Minutes Decisions 249-273 25 decisions with 10 published 3 published disciplinary cases 5 motions for rehearing denied (none granted) 9 motions for discretionary review granted with 42 motions denied 3 COA decisions ordered not published Click here for full text of minutes for this month Click here for table full for text of minutes of other months Link to full text published decisions with Questions Presented as noted on the SCOKY minutes are as follows: 249 - CRIMINAL LAW (SENTENCING CREDIT FOR TIME SPENT ON PAROLE) COMMONWEALTH OF KENTUCKY V...
SCOKY Oral Arguments for December 9, 10 and 11, 2009
Posted on December 01, 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 (or the link for those "accepted for oral argument...
COA Argument Calendar for December 2009
Posted on December 01, 2009COA Argument Calendar for December 2009 (click here for detailed calendar) Dates: Dec. 15 and 16, 2009 LOCATION: FAYETTE COUNTY CIRCUIT COURT, COURTROOM I, 4TH FLOOR, 120 NORTH LIMESTONE, LEXINGTON, KENTUCKY DATE: Tuesday, December 15, 2009 01:00 PM NELLIE ELLISON v KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY Civil; Insurance: Whether trial court properly refused to allow jury to decide whether to award plaintiff future medical costs as part of damages; whether dismissal of co-defendant was proper; whether incident giving rise to cause of action was covered by insurance...
COA 2009 Minutes: November 25, 2009 (Nos. 1205-1224)
Posted on November 25, 2009COA 2009 Minutes: November 25, 2009 (Nos. 1205-1224) 20 decisions 3 published Published Decisions with digest and link to full text decision at AOC 1206 - FAMILY LAW (OUT OF STATE ADOPTION VS. IN-STATE CUSTODY, DE FACTO CUSTODIAN, CASE OF FIRST IMPRESSION) WILLIAMS VS...
COURTS: Adair County (Columbia, Ky)
Posted on November 25, 2009Adair County Courthouse 500 Public Square, Suite 6 Columbia, Ky. 42728 Phone Number: 270-384-2626 Fax Number: 270-384-4299 Click here for link to AOC page with more information.
COA 2009 Minutes: November 20, 2009 (Nos. 1179-1204
Posted on November 22, 2009COA 2009 Minutes: November 20, 2009 (Nos. 1179-1204) 26 decisions 10 published Published Decisions with digest and link to full text decision at AOC 1180 - REVENUE AND TAXATION, TAX NEXUS W/KENTUCKY THE REVENUE CABINET OF KY. V. ASWORTH CORP AFFIRMING IN PART, REVERSING IN PART, AND REMANDING ** ** ** ** ** BEFORE: CLAYTON, NICKELL, AND VANMETER, JUDGES...
Discretionary Review Grants - October 2009 [updated]
Posted on November 21, 2009The discretionary review grants have been updated as follows based upon the discretionary review list from SCOKY. Previously, we had simply posted the names of the cases. The issues are included here:
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...
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I feel everyone should be treated equal in this world, but in a lot of cases that doesn't happen. I live in a white community with only 2 to 3 African American families. I belong to one of them. A week after getting into
I would call the courthouse and ask for the judges assistant, and ask them why t...
Can the so-called proprety manager enter my duplex without permission?
The manager (sister of owner) has NO right to be in the apartment unless there w...
My landlord's are wanting to show my place to potential renters. My lease does not expire until October but I gave a 30 day notice to vacate because I had found another place to live but then decided not to move. Ca
My landlord's are wanting to show my place to potential renters. My lease d...
Can a 20 year old get in trouble if he gets his girlfriend pregnant at 16 in kentucky and it is true consent?
Yes, it is called statutory rape. In some states like texas, U can marry with co...
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I feel everyone should be treated equal in this world, but in a lot of cases that doesn't happen. I live in a white community with only 2 to 3 African American families. I belong to one of them. A week after getting into
I would call the courthouse and ask for the judges assistant, and ask them why t...
Can the so-called proprety manager enter my duplex without permission?
The manager (sister of owner) has NO right to be in the apartment unless there w...
My landlord's are wanting to show my place to potential renters. My lease does not expire until October but I gave a 30 day notice to vacate because I had found another place to live but then decided not to move. Ca
My landlord's are wanting to show my place to potential renters. My lease d...
Can a 20 year old get in trouble if he gets his girlfriend pregnant at 16 in kentucky and it is true consent?
Yes, it is called statutory rape. In some states like texas, U can marry with co...
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