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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

FAMILY LAW: Custody, parenting time: T.A.N. V. M.J. (COA 9/26/2008)

Posted on November 25, 2008
T.A.N. V. M.J. FAMILY LAW: Custody, parenting time 2007-CA-002584 PUBLISHED: AFFIRMING PANEL: LAMBERT, PRESIDING; STUMBO, THOMPSON CONCUR JEFFERSON COUNTY DATE RENDERED: 9/26/2008 Mother appealed TC?s order providing additional parenting time to her ex-boyfriend, Father...

INSURANCE: Coverage for theft by person claiming superior title: BEST V. WEST AMERICAN INS. CO. (COA 9/26/2008)

Posted on November 25, 2008
BEST V . WEST AMERICAN INS. CO. INSURANCE: Coverage for theft by person claiming superior title 2007-CA-002289 PUBLISHED: VACATING AND REMANDING PANEL: MOORE PRESIDING; NICKELL, STUMBO CONCUR HARDIN COUNTY (JUDGE EASTON) DATE RENDERED: 9/26/2008 Best and the Lazzarinis entered into a contract to purchase two vehicles...

CRIMINAL: WANTONNESS ELEMENT FOR ASSAULT AND WRONGFUL ENDANGERMENT ADDRESSED IN DRIVING VEHICLE: ISON V. COM. (COA 9/26/2008)

Posted on November 25, 2008
ISON V. COMMONWEALTH CRIMINAL: WANTONNESS ELEMENT FOR ASSAULT AND WRONGFUL ENDANGERMENT ADDRESSED IN DRIVING VEHICLE 2007-CA-001007 PUBLISHED: AFFIRMING IN PART, AND REVERSING AND REMANDING IN PART PANEL: VANMETER PRESIDING; WINE, LAMBERT CONCUR LETCHER COUNTY DATE RENDERED: 9/26/2008 Jason Ray Ison appeals from a judgment after a jury convicted him on multiple charges including reckless homicide (three counts), first-degree assault, first-degree wanton endangerment (two counts), and criminal mischief...

Minutes for Kentucky Court of Appeals for Nov. 21, 2008 (COA 2008:56)

Posted on November 22, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 14 rendered decisions - Numbered 1308-1321 with 2 published decisions

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REAL PROPERTY: Sale of property after period covered by listing agreement: EITEL V. OWEN (COA 9/19/2008)

Posted on November 17, 2008
EITEL V. OWENREAL PROPERTY: Sale of property after period covered by listing agreement 2007-CA-002164 PUBLISHED: AFFIRMINGPANEL: LAMBERT PRESIDING; STUMBO, THOMPSON CONCURCOUNTY: JEFFERSON Date Rendered: 9/19/2008 The Court affirmed a summary judgment entered in appellee?s favor on appellant?s claim for a real estate fee related to the sale of appellee?s apartment complex after appellee sold the complex to buyers who had rejected a counter-offer during the sale contract period...

CRIMINAL: Registration for criminal offense against a minor: GULLETT V. COM (COA 9/19/2008)

Posted on November 17, 2008
GULLETT V. COM CRIMINAL: Registration for criminal offense against a minor 2007-CA-002130 PUBLISHED: AFFIRMING PANEL: BUCKINHAM PRESIDING; CAPTERTON, STUMBO CONCUR COUNTY: FAYETTE Date Rendered: 9/19/2008 Roger Gullett pleaded guilty in the Fayette Circuit Court to criminal attempt to commit sexual abuse in the first degree, a misdemeanor...

ABRITRATION: Challenges to contract as whole vs. clause: CONSULTANTS & BUILDERS, INC. V. PADUCAH FEDERAL CREDIT UNION (COA 9/19/2008)

Posted on November 17, 2008
CONSULTANTS & BUILDERS, INC. V. PADUCAH FEDERAL CREDIT UNION ABRITRATION: Challenges to contract as whole vs. clause 2007-CA-001874 PUBLISHED: REVERSING AND REMANDING PANEL: VANMETER PRESIDING; CAPERTON, GUIDUGLI CONCURS COUNTY: MCCRACKEN Date Rendered: 9/19/2008 In Consultants v...

EMPLOYMENT: Appeal untimely filed following termination of school employment: SAJKO V. JEFFERSON COUNTY BOARD OF ED. (COA 9/19/2008)

Posted on November 17, 2008
SAJKO V. JEFFERSON COUNTY BOARD OF ED. EMPLOYMENT: Appeal untimely filed following termination of school employment 2007-CA-000128 PUBLISHED: AFFIRMINGPANEL: BUCKINGHAM PRESIDING; LAMBERT, MOORE CONCURCOUNTY: JEFFERSONDate Rendered: 9/19/2008 The Court affirmed an order of a tribunal that upheld a school superintendent?s termination of appellant?s employment...

ATTORNEYS FEES: Post judgment work: MOORHEAD V. DODD (SC 9/18/2008)

Posted on November 16, 2008
MOORHEAD V. DODD ATTORNEYS FEES: Post judgment work 2006-SC-000251-DG.pdf PUBLISHED: Reversing Opinion by Scott; Schroder not sitting Jefferson Date Rendered: 9/18/2008 Moorhead initiated an action for breach of contract against Manning Equipment Company stemming from a real property purchase agreement which ultimately fell through...

ZONING: Mulitple and successive rezoning petitions: HUME V. FRANKLIN COUNTY FISCAL COURT (SC 9/18/2008)

Posted on November 16, 2008
HUME V. FRANKLIN COUNTY FISCAL COURT 2006-SC-000499-DG BIZZACK V. HUME 2007-SC-000091-DG ZONING: Mulitple and successive rezoning petitions PUBLISHED Reversing Opinion by Schroder; Abramson conurs in result only; Minton not sitting Franklin Date: 9/18/2008 In 1963, the Lexington-Fayette County Planning Commission, now the Lexington Fayette Urban County Planning Commission ("P&Z"), approved Sebastian's preliminary development plan for 122 one-acre lots...

CRIMINAL: Youthful offenders, violent offenders, upon reaching majority: COM. V. MERRIMAN & COM. HICKMAN (SC 9/18/2008)

Posted on November 16, 2008
COM. V. MERRIMANCOM. V. HICKMANCRIMINAL: Youthful offenders, violent offenders, upon reaching majority2006-SC-000330-DG.pdf REVERSED AND REMANDED - Fayette2006-SC-000332.pdf AFFIRMING - Jefferson 2006-SC-000690-DG.pdf REVERSED AND REMANDED - FayettePUBLISHED: Opinion by Noble; Venters not sittingDate Rendered: 9/18/2008The sole question at issue in these two cases is whether a juvenile, convicted as a youthful offender, is subject to the provisions of KRS 439...

FAMILY LAW: Abrogation Of Marital Settlement Agreement: CAMERON V. CAMERON (SC 9/18/2008)

Posted on November 16, 2008
CAMERON V. CAMERON FAMILY LAW: Abrogation Of Marital Settlement Agreement 2007-SC-000105-DG.pdf PUBLISHED: Affirming Opinion by Cunningham Nicholas Date Rendered: 9/18/2008 Ex-Husband appealed TC?s Order that separation agreement was not abrogated during period of alleged reconciliation and that agreement was not unconscionable...

ZONING: Estoppel not applied: SEBASTIAN-VOOR PROPERTIES, LLC V. LEXINGTON-FAYETTE URBAN COUNTY GOV'T (SC 9/18/2008)

Posted on November 16, 2008
SEBASTIAN-VOOR PROPERTIES, LLC V. LEXINGTON-FAYETTE URBAN COUNTY GOV'T ZONING: Estoppel not applied 2006-SC-000732-DG.pdf PUBLISHED: Affirming Memorandum Opinion; Schroder concurs by sep. opinion with Cunningham joining; Noble not sitting Fayette Date Rendered: 10/14/2008 In 1963, the Lexington-Fayette County Planning Commission, now the Lexington Fayette Urban County Planning Commission ("P&Z"), approved Sebastian's preliminary development plan for 122 one-acre lots...

DAMAGES: Restitution and effective date of interest: CHEYENNE RESOURCE, INC. ETC. V. ELK HORN COAL CORP. (SC 9/18/2008)

Posted on November 16, 2008
CHEYENNE RESOURCE, INC. ETC. V. ELK HORN COAL CORP. DAMAGES: Restitution and effective date of interest 2006-SC-000721-DG.pdf PUBLISHED: Affirming Opinion by Special Justice Monge; Cunningham dissents with Special Justice McDonald joining; Special Justice Mike McDonald dissents with Cunningham joining; Venters, Scott, Abramson NOT sitting Floyd Date Rendered: 9/18/2008 The SC affirmed the COA decision which determined that the Floyd Circuit Court had incorrectly determined the date from which interest should be calculated on a judgment of restitution...

CRIMINAL: Ineffective assistance of counsel: PARRISH V. COM. (SC 9/18/2008)

Posted on November 16, 2008
PARRISH V. COM.CRIMINAL: Ineffective assistance of counsel2006-SC-000592-MR.pdfPUBLISHED: AffimringOpinion by Noble; Abramson not sittingJefferson Date Rendered: 9/18/2008SC affirmed Jefferson Circuit Court's denial of Defendant's RCr 11.42 motion to vacate death sentence...

UPCOMING AOC EVENTS

Posted on November 10, 2008
November 13, 2008Guardian ad Litem Training Seminar November 14, 2008Court Records Retention Committee to meet in Frankfort November 19, 2008Jefferson County Commission on Racial Fairness Meeting November 21, 2008Guardian ad Litem Training Seminar

Good time prison credit and statute not retroactive: NOLAND v. DEPARTMENT OF CORRECTIONS (COA 9/12/2008)

Posted on November 10, 2008
NOLAND v. DEPARTMENT OF CORRECTIONS CRIMINAL: Good time credit 2007-CA-002411 Published: Affirming Panel: Acree presiding; Dixon concurs; Taylor concurs in result only Franklin County Date Rendered: 9/12/2008 The Court affirmed an order of the circuit court dismissing appellant?s petition for declaration of rights seeking to compel the Department of Corrections to credit time spent on parole against his imposed sentence after his parole was revoked...

Child support miscalculation, abatement, and EIC: BRAUSCH v. BRAUSCH (COA 9/12/2008)

Posted on November 10, 2008
BRAUSCH v. BRAUSCH FAMILY LAW: Child support miscalculation, abatement, and EIC 2007-CA-002198 Published: Affirming Panel: Thompson presiding; Vanmeter, Henry concur Kenton County Date Rendered: 9/25/2008 Dad appealed from TC?s order awarding child support (?CS?) to Mom, arguing that TC miscalculated CS owed; TC erroneously refused to abate CS during his summer parenting time; and TC should have included the earned income tax credit (EIC) and additional child tax credit received by Mom in its CS calculation...

Search and seizure (plain view); Traffic stop and stereotypes: ROGERS v. COMMONWEALTH (COA 9/12/2008)

Posted on November 10, 2008
ROGERS v. COMMONWEALTH CRIMINAL: Search and seizure (plain view); Traffic stop and stereotypes 2007-CA-001579 Published: Affirming Panel: Dixon presiding; Combs, Lambert concur Fayette County Date Rendered: 9/12/2008 The Court affirmed appellants? convictions following a joint jury trial...

Termination of open-ended maintenance: CASTLE V. CASTLE (COA 9/12/2008)

Posted on November 10, 2008
CASTLE V. CASTLE FAMILY LAW: Termination of open-ended maintenance 2007-CA-001238 Published: Affirming Panel: Lambert presiding; Taylor, Buckingham Concur Greenup County Date Rendered: 9/12/2008 The parties were married for twenty-five (25) years. There was no separation agreement between the parties, but a Domestic Relations Commissioner?s report was confirmed by the lower court...

Attorneys fees and prejudgment interest in USCPA: TENNESSEE FARMERS MUT. INS. CO. v. JONES (COA 9/12/08)

Posted on November 10, 2008
TENNESSEE FARMERS MUTUAL INS. CO. v. JONES INSURANCE: Attorneys fees and prejudgment interest award affirmed in UCSPA Claim 2007-CA-000911 Published: Affirming Panel: Lambert presiding; Dixon, Stumbo Concur Whitley County Date Rendered: 9/12/2008 The Court affirmed a circuit court judgment finding personal jurisdiction against the appellant Tennessee insurer and awarding attorney?s fees and prejudgment interest to appellee on a claim for that the insurer violated the Kentucky Unfair Claims Settlement Practices Act, KRS 304...

Step-parent like adoptions for same-sex couples not sanctioned by statute: S.J.L.S. v. T.L. S. (COA 9/12/2008)

Posted on November 10, 2008
S.J.L.S. v. T.L. S. FAMILY LAW: Step-parent-like adoption 2006-CA-001730 Published: Affirming in part, reversing in part, and remading Panel: Clayton Presiding; Lambert concurs; Keller concurs in result only Jefferson County Date Rendered: 9/12/2008 As part of the life plan of two women, S gave birth to a child named ?Z? by artificial insemination from a donor selected by T...

ARGUMENTS: Briefs filed for cases to be heard by SCOKY in Nov. 2008

Posted on November 03, 2008
Thanks to the Chase Law School for filing and making available the briefs filed for cases to be heard by SC in November. Click here for the cases and issues as filed by the Supremes.TO BE ARGUED Nov 21, 20089:00a Kentucky Retirement Systems v. Bowens, 2007-SC-509Appellant's BriefAppellee's BriefAppellant's Reply Brief10:00a Commonwealth v...

Unqualified right to jury trial: KNIGHT V. HAZARD COAL CORP. (COA 9/5/2008)

Posted on November 02, 2008
KNIGHT V. HAZARD COAL CORP. CIVIL: Right to jury trial is unqualified 2007-CA-001712 TO BE PUBLISHED: REVERSING AND REMANDING PANEL: DIXON PRESIDING; LAMBERT, STUMBO CONCUR PERRY COUNTY DATE RENDERED: 9/5/2008 Appellants appeal from the Perry Circuit Court?s Findings of Fact, Conclusions of Law and Judgment in this dispute over the use of a coal haul road...

Real property (auction, merger, and reformation of deed): PRICE V. GODBY (COA 9/5/2008)

Posted on November 02, 2008
PRICE v. GODBYREAL PROPERTY: Auction, merger, and reformation of deed 2007-CA-001347TO BE PUBLISHED: Reversing and RemandingPANEL: Stumbo Presiding; Dixon, Nickell concurCOUNTY: Pulaski Cir. Ct.DATE RENDERED: 9/5/2008 STUMBO, JUDGE:The appellant/vendor entered into an auction sales contract with Godby wherein he would sell at auction Appellant's forty-acre farm...

Real property (auction, merger, and reformation of deed): PRICE V. GODBY (COA 9/5/2008)

PROPERTY: Tax assessments, foreclosures, right of redemption (and their assignments): HUMBERT MORTGAGE, INC. v. REDELL (COA 9/5/2008)

Posted on November 02, 2008
HUMBERT MORTGAGE, INC. v. REDELL PROPERTY: Tax assessments, foreclosures, right of redemption (and their assignments) 2007-CA-000948TO BE PUBLISHED: AffirmingPANEL: Buckingham Presiding; Stumbo concurs; Capterton concurs filing separate opinionCOUNTY: Boone Cir...

INSURANCE: Rescission of insurance contract based upon false statement on application: RUDOLPH v. SHELTER INSURANCE COMPANIES (COA 9/5/2008)

Posted on November 02, 2008
RUDOLPH v. SHELTER INSURANCE COMPANIESINSURANCE: Rescission of insurance contract based upon false statement on application2007-CA-000799NOT TO BE PUBLISHED: VACATING AND REMANDING PANEL: CLAYTON PRESIDING; DIXON, GRAVES CONCUR GRAVES CIR. CT.; JUDGE STARK DATE RENDERED: 9/5/2008 CLAYTON, JUDGE: Trial court granted summary judgment in favor of insurer seeking to rescind homeowner's insurance policy based upon misrepresentation in the insurance application...

Supreme Court Argument Calendar for November 2008

Posted on November 02, 2008
November 2008 Supreme Court Argument Calendar

COA Argument Calendar for November 2008

Posted on November 02, 2008
COA Argument Calendar for November 2008

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