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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

VIDEO: COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS V. JOHNSON, ET AL. (2007-SC-678-DG) -- Jan. 15, 2009

Posted on January 21, 2009
COMMONWEALTH 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, 2009
Jefferson 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, 2009
The 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, 2009
WEDNESDAY, 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...

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VIDEO: BRAVO DEVELOPMENT, INC. V. SINGLETON (2007-SC-769-DG) - Jan. 14, 2009

Posted on January 18, 2009
Wednesday, 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, 2009
BREATHITT 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, 2009
I 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, 2009
We 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, 2009
The 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, 2009
Click 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, 2009
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 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, 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...

ARGS: COA To Hear Oral Arguments at Stanton on Jan 14, 2008; Public invited

Posted on January 06, 2009
Kentucky 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, 2009
Click here for January 2009 Supreme Court Oral Argument Calendar

COA ARGS: January 2009 COA Argument Calendar

Posted on January 06, 2009
Click 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, 2009
Glen 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, 2009
Here 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, 2008
Michael 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, 2008
Larry 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, 2008
DANIEL 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, 2008
LAMONT 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, 2008
P. (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, 2008
COURT 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, 2008
The 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

SCOKY MONTHLY CASE SUMMARY REPORS: September 2008

COA MONTHLY CASE SUMMARY REPORT: November 2008

Posted on December 28, 2008
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...

The Grave Risk of Harm Defense in Hague Child Abduction Cases
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Get Your H-1B Cases Ready Now To File On April 1 for October 1, 2007 Start Date
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Czech procedure for Hague Convention international child abduction cases
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German Failure to Expedite Hague Child Abduction Cases
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Developments in Portland and Spokane Catholic Church Bankruptcy Cases
On April 17, U.S. Bankruptcy Judge Elizabeth Perris formally appro...