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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

COA MONTHLY CASE SUMMARY REPORT: July 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...

ATTORNEYS: AN UNNAMED ATTORNEY V. KBA (SC 11/26/2008)

Posted on December 28, 2008
AN UNNAMED ATTORNEY V. KBA Order privately reprimanded movant 2008-SC-000728-KB.pdf PUBLISHED: DATE RENDERED: 11/26/2008 Attorney admitted to advising divorce client to execute mortgage in attorney?s favor, instructing her not to tell her client?s husband (co-owner of encumbered property) and without otherwise giving the client the opportunity to seek independent legal counsel...

ATTORNEYS: CONSTANCE L. BUEHNER v. KBA (SC 11/26/2008)

Posted on December 28, 2008
CONSTANCE L. BUEHNER v. KBA Order publicly reprimanded movant and suspended movant from practice of law suspended for 1 year with conditions 2008-SC-000727-KB.pdf PUBLISHED: DATE RENDERED: 11/26/2008 The Supreme Court granted attorney?s motion for public reprimand and 30-day suspension of license, probated for one-year...

ATTORNEYS: KBA v. CHARLES C. LEADINGHAM (SC 11/26/2008)

Posted on December 28, 2008
KBA v. CHARLES C. LEADINGHAM Order suspended respondent from the practice of law for 30 days probated with conditions 2008-SC-000522-KB.pdf PUBLISHED: DATE RENDERED: 11/26/2008 Orders 30-day suspension and public reprimand of attorney found guilty of failing to obey an obligation under the rules of a tribunal and failing to respond to a request for information from a disciplinary authority...

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ATTORNEYS: KBA v. PAT HARRIS (SC 11/26/2008)

Posted on December 28, 2008
KBA v. PAT HARRIS Order publicly reprimanded respondent 2008-SC-000474-KB.pdf PUBLISHED: DATE RENDERED: 11/26/2008 The Supreme Court affirmed a public reprimand for an attorney found by Board of Governors to have engaged in conduct involving dishonesty, fraud, deceit or misrepresentation by presenting false time records to the Department of Financial Institutions, her former employer...

ATTORNEYS: KBA v. ZACK N. WOMACK (SC 11/26/2008)

Posted on December 28, 2008
KBA v. ZACK N. WOMACK Order suspended respondent from practice of law for 30 days 2008-SC-000456-KB.pdf PUBLISHED: 840 DATE RENDERED: 11/26/2008 Clients retained attorney in a foreclosure proceeding. Later, client testified that they did not discuss the attorney?s fee, but that he had assumed it would be at the hourly rate he had charged on previous occasions...

ATTORNEYS: KBA V. RUTH ANN SEBASTIAN (SC 11/26/2008)

Posted on December 28, 2008
KBA V. RUTH ANN SEBASTIAN Order suspended respondent with conditions 2008-SC-000433-KB.pdf PUBLISHED: 188 DATE RENDERED: 11/26/2008 Imposes identical reciprocal discipline upon attorney indefinitely suspended from practice of law by U.S. District Court for Eastern District of Kentucky for failure to respond to show cause order...

ATTORNEYS: KBA CLE v. JARED SQUIRES (SC 11/26/2008)

Posted on December 28, 2008
KBA CLE v. JARED SQUIRES Order suspended respondent from the practice of law 2008-SC-000035-KB.pdf PUBLISHED: 171 DATE RENDERED: 11/26/2008 Orders suspension of attorney for failure to complete 2006-07 CLE requirements within time allowed under previous 90-day extension...

ATTORNEYS: STANLEY BROWN V. KBA (SC 11/26/2008)

Posted on December 28, 2008
STANLEY BROWN V. KBA Order granted motion to dismiss movant's application for reinstatement 2007-SC-000455-KB.pdf PUBLISHED: 211 DATE RENDERED: 11/26/2008 Attorney was permanently disbarred in Ohio in 1997. In 2007, attorney filed for reinstatement in Kentucky...

Jurors, disqualifications, excusals for false answers or unwillingness to be impartial -- JOSEPH WAYNE ALLEN v. COM. OF KENTUCKY (SC 11/26/2008)

Posted on December 28, 2008
JOSEPH WAYNE ALLEN v. COM. OF KENTUCKY CRIMINAL: Jurors, disqualifications, excusals for false answers or unwillingness to be impartial 2007-SC-000642-MR.pdf PUBLISHED: REVERSING OPINION BY ABRAMSON; SCOTT CONCURS BY SEP. OPINION JEFFERSON COUNTY DATE RENDERED: 11/26/2008 SC reversed Allen's convictions for rape and other sexual offenses in Jefferson Circuit Court...

WORKERS COMP: Limitations period for reopening and subsequent order re benefits -- ALLENE HALL V. HOSPITALITY RESOURCES, INC. (SC 11/26/2008)

Posted on December 28, 2008
ALLENE HALL V. HOSPITALITY RESOURCES, INC. WORKERS COMP: Limitations period for reopening and subsequent order re benefits 2007-SC-000153-WC.pdf PUBLISHED: REVERSING OPINION BY SCOTT; MINTON DISSENTS BY SEP. OP. IN WHICH ABRAMSON, VENTERS JOIN FROM COURT OF APPEALS DATE RENDERED: 11/26/2008 KRS 342...

Search and seizure (investigatory stops); reasonable suspicion -- BRIAN STRANGE v. COM. OF KENTUCKY (SC 11/26/2008)

Posted on December 28, 2008
BRIAN STRANGE v. COM. OF KENTUCKY CRIMINAL: Search and seizure (investigatory stops); reasonable suspicion 2007-SC-000328-DG.pdf PUBLISHED: REVERSING AND REMANDING OPINION BY VENTERS FAYETTE COUNTY DATE RENDERED: 11/26/2008 On discretionary review, SC reversed TC's denial of Strange's motion to suppress...

AOC Monthly Summaries of Decisions for SCOKY and COA are on-line

Posted on December 24, 2008
Good news for me, for our digesters, and our readers.The Kentucky Supreme Court and the Kentucky Court of Appeals are posting monthly digests of their opinions/decisions which are available on line in PDF format. A very useful service that apparently started a few months ago and which I did not notice until just recently...

ORTS: SOVEREIGN IMMUNITY for Metro Gov't, statutory waiver KRS 441.054(3) -- JEWISH HOSP HEALTHCARE SVCS V. LOUISVILLE/JEFFERSON METRO GOV'T (COA 11/14/2008)

Posted on December 23, 2008
JEWISH HOSPITAL HEALTHCARE SERVICES, INC. V. LOUISVILLE/JEFFERSON METRO GOV'T TORTS: SOVEREIGN IMMUNITY for Metro Gov't, statutory waiver KRS 441.054(3) 2008-CA-000095 PUBLISHED: AFFIRMING IN PART, VACATING AND REMANDING IN PART PANEL: LAMBET JAMES PRESIDING; HENRY, NICKELL CONCUR JEFFERSON CIR...

JURISDICTION: Subject matter, Indiana contract -- LYNN V. DIGITAL LIFESTYLES, LLC (COA 11/14/2008)

Posted on December 23, 2008
LYNN V. DIGITAL LIFESTYLES, LLC JURISDICTION: Subject matter, Indiana contract EVIDENCE: Spoliation of Evidence 2007-CA-002442 PUBLISHED: AFFIRMING PANEL: LAMBERT JAMES PRESIDING; HENRY, NICKELL CONCUR JEFFERSON CIR. COURT DATE RENDERED: 11/14/2008 The Court affirmed a judgment of the circuit court denying appellant?s motion for summary judgment and findings of fact and conclusion of law awarding damages to appellee on its claim for breach of contract for the installation of a home theater system...

WORKERS COMP: Pre-existing dormant condition -- COMAIR, INC. V. HELTON (COA 11/14/2008)

Posted on December 23, 2008
COMAIR, INC. V. HELTON WORKERS COMP: Pre-existing dormant condition 2007-CA-002332 PUBLISHED: AFFIRMING PANEL: NICKELL PRESIDING; CLAYTON, TAYLOR CONCUR DATE RENDERED: 11/14/2008 The primary issue in this appeal was whether the Board erred in reversing the ALJ?s decision to not award benefits for a pre-existing condition...

CRIMINAL: Search and seizure; strip search -- MARSHALL V. COM. (COA 11/7/2008)

Posted on December 23, 2008
MARSHALL V. COM. CRIMINAL: Search and seizure; strip search 2007-CA-002518 PUBLISHED: AFFIRMING IN PART, VACATING IN PART, AND REMANDING PANEL: COMBS PRESIDING; STUMBO, GUIDUGLI CONCUR FAYETTE CIRCUIT COURT DATE RENDERED: 11/7/2008 Marshall appeals an order of the trial court denying a motion to suppress evidence that was obtained through a strip search...

Public Service Commission; rate making; KENTUCKY PUBLIC SERVICE COMM. V. COM. OF KENTUCKY (COA 11/7/2008)

Posted on December 23, 2008
KENTUCKY PUBLIC SERVICE COMM. V. COM. OF KENTUCKY ADMINISTRATIVE LAW: Public Service Commission; rate making (Accelerated Main Replacement Program) 2007-CA-001635 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART PANEL: THOMPSON PRESIDING; NICKEL, ROSENBLUM CONCUR FRANKLIN CIRCUIT COURT DATE RENDERED: 11/7/2008 Reh filed 11/25/2008 Opinion by Judge Thompson; Judge Nickell and Retired Judge Rosenblum concurred...

CRIMINAL: Youthful offender and juvenile sentencing: CHIPMAN V. COM. (COA 11/7/2008)

Posted on December 23, 2008
CHIPMAN V. COM. CRIMINAL: Youthful offender and juvenile sentencing 2007-CA-000690 PUBLISHED: AFFIRMING PANEL: KELLER PRESIDING; WINE, LAMBERT CONCUR KENTON COUNTY DATE RENDERED: 11/7/2008 The issue presented is the proper disposition of a juvenile who was charged with Robbery in the First Degree, was transferred to circuit court as a youthful offender, and pled guilty to the lesser offense of Robbery in the Second Degree...

Community charters, laches, and prospective application: COMMONWEALTH OF KY V. HOME FEDERAL SAVINGS AND LOAN ASSOCIATON (COA 10/31/2008)

Posted on December 22, 2008
COMMONWEALTH OF KY V. HOME FEDERAL SAVINGS AND LOAN ASSOCIATON CORPORATIONS: CHARTERS; Laches; Prospective application of decisions 2007-CA-002353 PUBLISHED: AFFIRMING PANEL: WINE PRESIDING; KELLER, LAMBERT CONCUR FRANKLIN COUNTY CAMPBELL COUNTY DATE RENDERED: 10/31/2008 The Court affirmed a declaratory judgment of the circuit court, which rejected the interpretation by The Office of Financial Institutions (OFI) of KRS 286...

EMPLOYMENT: Wrongful termination, releases, workers comp: MCCOWN V. GRAY KENTUCKY TELEVISION, INC. (COA 10/31/2008)

Posted on December 22, 2008
MCCOWN V. GRAY KENTUCKY TELEVISION, INC. EMPLOYMENT: Wrongful termination, releases, workers comp 2007-CA-001947 PUBLISHED: AFFIRMING PANEL: ACREE PRESIDING; VANMETER, HENRY CONCUR PERRY COUNTY DATE RENDERED: 10/31/2008 McCown appeals the TC's grant of a partial directed verdict and earlier partial summary judgment in favor of Gray Kentucky Television on his claims stemming from his termination by Gray...

District court jurisdiction and forcible retainer: COFFEY V. KEHOE ROCK AND STONE, LLC (COA 10/31/2008)

Posted on December 22, 2008
COFFEY V. KEHOE ROCK AND STONE, LLC PROPERTY: Forcible detainer, district court jurisdiction 2007-CA-001695 PUBLISHED: REVERSING AND REMANDING PANEL: CAPERTON PRESIDING; KELLER, NICKELL CONCUR GREENUP COUNTY DATE RENDERED: 10/31/2008 On discretionary review, the Court reversed and remanded with directions for the circuit court to vacate a judgment of the district court...

TORTS: Sovereign immunity and county engineer: BOLIN V. DAVIS (COA 10/31/2008)

Posted on December 22, 2008
BOLIN V. DAVIS TORTS: SOVEREIGN IMMUNITY; Qualified official immunity 2006-CA-002259 PUBLISHED: AFFIRMING PANEL: NICKELL PRESIDING; STUMBO, THOMPSON CONCUR SHELBY COUNTY DATE RENDERED: 10/31/2008 Christopher Bolin lost control of his pickup on a snowy, curvy road; slid off of bridge; and landed upside down submerged in a creek...

FAMILY LAW: Due process right to counsel in parental rights termination: P.(A.) V. CABINET OF HEALTH AND FAMILHY SVCS. (COA 10/24/2008)

Posted on December 22, 2008
P.(A.) V. CABINET OF HEALTH AND FAMILY SERVICES FAMILY LAW: Termination of Parental Rights, Due Process Right to Counsel 2008-CA-000730 PUBLISHED: VACATING AND REMANDING PANEL: CLAYTON PRESIDING; ACREE, KELLER CONCUR TRIMBLE COUNTY DATE RENDERED: 10/24/2008 ISSUE: Mother appealed TC?s judgment involuntarily terminating her parental rights to Child, contending that her due process rights were violated, that her counsel?s assistance was ineffective, and that the findings of fact were not supported by clear and convincing evidence...

TORTS/FAMILY LAW: No private cause of action for inadvertant HIPAA disclosure in child custody litigation: YOUNG V. CARRAN (COA 10/24/2008)

Posted on December 22, 2008
YOUNG V. CARRAN FAMILY LAW: Release Of Medical Records In Child Custody Litigation, HIPPA TORTS: No claim for inadvertant disclosure of HIPAA protected information; preemption claims not presented to trial court 2008-CA-000082 PUBLISHED: AFFIRMING PANEL: LAMBERT PRESIDING; KELLER, WINE CONCUR KENTON COUNTY DATE RENDERED: 10/24/2008 Mom sought to maintain a private cause of action against Dad?s law firm for violation of HIPAA for the inadvertent disclosure of her medical and psychiatric records to Dad in child custody litigation...

Minutes for Kentucky Court of Appeals for Dec. 19, 2008 (COA 2008:62)

Posted on December 21, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 23 rendered decisions - Numbered 1376-1398 with 4 published decisions 1379 criminal 1385 mediation 1391 open records 1392 family law, juveniles

Minutes for Kentucky Supreme Court for December, 2008 (2008:61)

Posted on December 21, 2008
Click here for minutes at AOC with links to full text of each decision 10 rendered decisions: 258-267 8 published 4 disciplinary matters 3 grants of discretionary review 3 rehearing petitions denied with none granted Minutes List of all published and nonpublished SCOKY decisions with links to the full text of the decision posted at web site plus orders regarding dismissals, extraordinary writs, discretionary review...

CRIMINAL: Reversible error in failure to instruct on extreme emotional distress as element of murder instructions in case: MARCUS BENJAMIN V. COM. (SC 10/23/2008)

Posted on December 15, 2008
MARCUS BENJAMIN V. COM. CRIMINAL: Reversible error in failure to instruct on extreme emotional distress as element of murder instructions in case 2006-SC-000620-MR.pdf PUBLISHED: REVERSING OPINION BY SCOTT; CUNNINGHAM CONCURS IN RESULT ONLY FROM GRAVES COUNTY DATE RENDERED: 10/23/2008 SC reversed Benjamin's conviction for murder and life sentence and remanded for a new trial...

ELECTIONS: Review of whole record of election in setting aside for fraudulent activity: MCCLENDON V HODGES (SC 10/23/2008)

Posted on December 15, 2008
BEVERLY MCCLENDON V. JERRY H. HODGES ELECTIONS: Review of whole record of election in setting aside for fraudulent activity 2007-SC-000559-DGE.pdf PUBLISHED: REVERSING AND REINSTATING OPINION BY CUNNINGHAM; ABRAMSON NOT SITTING FROM MONROE COUNTY DATE RENDERED: 10/23/2008 This appeal arose from alleged election irregularities...

CRIMINAL: "Knock and talk" procedures by police: ERIC QUINTANA v. COM. (SC 10/23/2008)

Posted on December 15, 2008
ERIC QUINTANA v. COM. CRIMINAL: "Knock and talk" procedures by police 2006-SC-000629-DG.pdf 2006-SC-000823-DG.pdf PUBLISHED: REVERSING AND REMANDING IN THE CASE OF 2006-SC629 AND AFFIRMING IN THE CASE OF 2006-SC-000823 OPINION BY NOBLE FROM NELSON AND RUSSELL COUNTIES DATE RENDERED: 10/23/2008 These two cases were argued before the Court on the same day, and involve the propriety and limits of the police procedure commonly called the "knock and talk," where officers approach a residence, knock on the door, and talk to a person who answers, ostensibly to obtain general information that could assist in an ongoing investigation or matter of public interest...

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