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Kentucky

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

CRIMINAL - disclosure of agreement re testifying witnesse; criminal facilitation: Andre Finnell v. Commonwealth of Kentucky (SC 10/29/2009)

Posted on November 20, 2009
Andre 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, 2009
Roy 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, 2009
Steve 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, 2009
Mark 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...

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ATTORNEY DISCIPLINES: March 2009

Posted on October 01, 2009
A. 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, 2009
Chrysalis 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, 2009
Larry 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, 2009
Kentucky 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, 2009
Greg 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, 2009
Lexington-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, 2009
Commonwealth 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, 2009
Allen 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, 2009
This 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, 2009
As 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, 2009
Commonwealth 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, 2009
Tom 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, 2009
Toyota 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, 2009
A. 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, 2009
Clark 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, 2009
Flegles, 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, 2009
Lois 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, 2009
Julie 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, 2009
Robert 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, 2009
Commonwealth 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, 2009
Tyrone 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, 2009
Nicholas 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, 2009
Commonwealth 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, 2009
Kentucky 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, 2009
Russell 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, 2009
James 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...

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