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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

Workers Compensation - future medical treatment: Max & Erma's v. Lane (COA 7/24/2009)

Posted on September 22, 2009
Max & 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, 2009
Fisher 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, 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...

June 2009 COA Case Summary Report (Published Decisions)

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SCOKY Oral Arguments for September 23, 24, 2009

Posted on September 22, 2009
Appellate 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, 2009
COA 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, 2009
Washington 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, 2009
Pitcock 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, 2009
Breeden 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, 2009
Bhattacharya 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, 2009
Daniels 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, 2009
First 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, 2009
Delahanty 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, 2009
Bailey 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, 2009
Kessler 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, 2009
Howard 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, 2009
Holland 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, 2009
Holbrook 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, 2009
Fitzgerald 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, 2009
Lisle 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, 2009
Hamilton-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, 2009
Gamble 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, 2009
Nolan 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, 2009
Harris 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, 2009
Valued 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, 2009
Medcom 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, 2009
COA 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, 2009
COA 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, 2009
Morgan 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, 2009
Bentley 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...

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