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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

MINUTES (COA): February 15, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:08)

Posted on February 16, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 47 rendered decisions - Numbered 171-217 6 published - 176 (crim); 177 (crim); 182 (fam); 192 (probate); 208 (regulatory); 213 (work comp) Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...

MINUTES (COA): February 8, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:07)

Posted on February 09, 2008
February 8, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:07) Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 30 rendered decisions - Numbered 141-170 3 published - 155; 160; 167...

LAWWIRE: JAN. 18, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:03)

Posted on February 03, 2008
JAN. 18, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:03) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 36 rendered decisions Nos...

Malicious prosecution: CRAYCROFT V. PIPPIN (COA 1/18/2008)

Posted on February 03, 2008
CRAYCROFT V. PIPPIN TORTS: Malicious prosecution 2006-CA-001569 PUBLISHED: VACATINGA ND REMANDING PANEL: TAYLOR PRESIDING; COMBS, ACREE CONCUR COUNTY: JEFFERSON DATE RENDERED: 01/18/2008 CA vacates and remands the TC entry of SJ dismissing this malicious prosecution claim...

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Judicial disqualification learned after the case: KESSLER HOMES, IC. V. PETZOLD (COA 1/18/2008)

Posted on February 03, 2008
KESSLER HOMES, IC. V. PETZOLD JUDGES: Disqualification 2006-CA-001127 PUBLISHED: VACATING AND REMANDING PANEL: LAMBERT PRESIDING; DIXON, ROSENBLUM CONCUR COUNTY: FAYETTE DATE RENDERED: 01/18/2008 This action began when Kessler Homes sued the Petzolds for the outstanding balance on a house construction contract...

Open records request and privileged documents: COMMONWEALTH OF KY V. SCORSONE (COA 1/18/2008)

Posted on February 03, 2008
COMMONWEALTH OF KY V. SCORSONE GOVERNMENT: Open records request EVIDENCE: Attorney client privilege 2006-CA-001704 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING PANEL: LAMBERT PRESIDING; TAYLOR CONCURS; WINE CONCURS IN PART, DISSENTS IN PART, AND FILES SEP...

Mediated separation agreeement: RAISOR V. RAISOR (COA 1/18/2008)

Posted on February 03, 2008
RAISOR V. RAISOR FAMILY LAW: Separation and property settlement agreements (mediated) 2006-CA-001935 PUBLISHED: AFFIRMING PANEL: DIXON PRESIDING; STUMBO, WINE CONCUR COUNTY: SPENCER DATE RENDERED: 01/18/2008 Ex-Wife appealed from TC?s order adopting the Separation and Property Settlement Agreement between Ex-Wife and Ex-Husband...

Disclosure of Intoxilyzer source code: HOUSE V. COM. (COA 1/18/2008)

Posted on February 03, 2008
HOUSE V. COM. CRIMINAL: DUI and disclosure of Intoxilyzer 5000's source code 2007-CA-000417 PUBLISHED: REVERSING PANEL: ROSENBLUM PRESIDING; DIXON CONCURS; LAMBERT DISSENTS AND FILES SEP. OPINION COUNTY: FAYETTE DATE RENDERED: 01/18/2008 On discretionary review, CA reversed the District Court order granting of the Commonwealth of Kentucky and CMI, Inc...

In forma pauperis and KRS 454.410(2) fee waiver: EDWARDS V. VAN ROSTYNE (COA 1/18/2008)

Posted on February 03, 2008
EDWARDS V. VAN ROSTYNE CRIMINAL LAW: In forma pauperis and KRS 454.410(2) fee waiver 2006-CA-002023 PUBLISHED: AFFIRMING IN PART, REMANDING PANEL: ACREE PRESIDING; TALOR CONCURS; COMBS DISSENTS AND FILES SEP. OPINION COUNTY: JEFFERSON DATE RENDERED: 01/18/2008 CA affirmed in part and reversed in part Jefferson Circuit Court's dismissal of inmate's civil action ?against everyone who is involved, even remotely, in the prosecution of a pending indictment against him...

LAWWIRE: JAN. 11, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:02)

Posted on February 03, 2008
JAN. 11, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:02) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 20 rendered decisions Nos...

Motion to suppress, competency, and failure to preserve error: SMITH V. COMMONWEALTH (COA 1/11/2008)

Posted on February 03, 2008
SMITH V. COMMONWEALTH CRIMINAL: Competency motions and failure to preserve for appeal (motion to suppress) 2007-CA-000111 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; HENRY CONURS; BUCKINGHAM CONCURS IN RESULT ONLY COUNTY: FAYETTE DATE RENDERED: 01/11/2008 COA affirmed conviction following Martin Dewayne Smith's appeal from a judgment following his conditional guilty plea to criminal attempt to commit kidnapping and tampering with physical evidence...

Search and seizure: LATERZA V. COMMONWEALTH (COA 1/11/2008)

Posted on February 03, 2008
LATERZA V. COMMONWEALTH CRIMINAL: Search and Seizure 2007-CA-000006 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; BUCKINGHAM, HENRY CONCUR COUNTY: BOONE DATE RENDERED: 01/11/2008 TC did not err by admitting evidence of marijuana and drug paraphernia seized following trash pulls and obtained subsequent to the videotaped surveillance of Laterza's residence...

Crime of wanton endangerment: COMMONWEALTH V. INA COCHRAN (COA 1/11/2008)

Posted on February 03, 2008
COMMONWEALTH V. INA COCHRAN CRIMINAL: Wanton endangerment 2006-CA-001561 PUBLISHED: REVERSING PANEL: MOORE PRESIDING; VANMETER CONCURS IN RESULT ONLY; COMBS CONCURS IN RESULT ONLY AND FILES SEPARATE OPINION COUNTY: CASEY DATE RENDERED: 01/11/2008 CA reversed TC's dismissal of the indictment against Cochran for wanton endangerment following birth of her child with cocaine in her system...

Setting aside default judgment: LEEDY V. THACKER (COA 1/11/2008)

Posted on February 03, 2008
LEEDY V. THACKER CIVIL PROCEDURE: Default judgment, appearances, and setting aside for good cause 2006-CA-002313 PUBLISHED: REVERSING AND REMANDING PANEL: HENRY PRESIDING; TAYLOR, HENRY CONCUR COUNTY: PIKE DATE RENDERED: 01/11/2008 The CA reverses and remands entry of default judgment in two trespass cases for failure to notify the defendant/appellant, who had filed a pro se answer...

ARGUMENTS: Supreme Court Arguements for Feb. 13, 14 & 15, 2008

Posted on February 02, 2008
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. WEDNESDAY, FEBRUARY 13, 2008 9:00 a.m. KING DRUGS, INC., ET AL...

COAKY: February 2008 Court of Appeals Argument Calendar posted.

Posted on February 01, 2008
February 2008 Court of Appeals Argument Calendar posted.

February 1, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:06)

Posted on February 01, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 39 rendered decisions - Numbered 102-140 5 published - 112; 113; 114; 116; 119. Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...

WEEKLY SUMMARIES (COA): JAN. 4, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:01)

Posted on January 27, 2008
JAN. 4, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:01) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 24 rendered decisions Nos...

Probate jurisdiction dispute betweenc circuit and probate courts over adversary proceeding: HALE V. MOORE (COA 1/4/2008)

Posted on January 27, 2008
HALE V. MOORE PROBATE: Adversary proceedings (district vs. circuit court jurisdiction issues); Fees for executrix and attorney (same person) 2005-CA-001895 TO BE PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING WITH DIRECTION PANEL: NICKELL PRESIDING; HOWARD, TAYLOR CONCUR COUNTY: SHELBY DATE RENDERED: 01/04/2008 This case involves the classic jurisdictional dispute between District and Circuit Courts...

Valuation of business property, loans, and maintenance when on SSD addressed divorce order: BRENZEL V. BRENZEL (COA 1/4/2008)

Posted on January 27, 2008
BRENZEL V. BRENZEL FAMILY LAW: Valuation of business property 2005-CA-002318 TO BE PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; NICKELL AND STUMBO CONCUR COUNTY: JEFFERSON Date: 01/04/2008 Husband appealed TC?s Order resulting from distribution of property in dissolution action, alleging that TC erred when it valued his interest in businesses partially owned by him and when it denied his CR 60...

Marital property in home equity and dissipation of asset: HESKETT V. HESKETT (COA 1/4/2008)

Posted on January 27, 2008
HESKETT V. HESKETT FAMILY LAW: Marital property division by court of equity in home 2006-CA-001900 TO BE PUBLISHED: REVERSING AND REMANDING PANEL: THOMPSON PRESIDING; WINE, HENRY CONCUR COUNTY: FRANKLIN DATE RENDERED: 01/04/2008 Wife appealed TC?s decision arguing that the court failed to restore her non-marital property...

No jail time credit for house arrest when condition to pretrial release: TINDELL V. COM. (COA 1/4/2008)

Posted on January 27, 2008
TINDELL V. COM. CRIMINAL: Sentencing - jail time credit for home incarceration when bail was a condition and not in lieu of 2007-CA-000008 TO BE PUBLISHED: AFFIRMING PANEL: WINE PRESIDING; VANMETER AND GUIDUGLI CONCUR DATE RENDERED: 01/04/2008 The sole issue on appeal concerns Tindell?s request for credit for the time he served on ?house arrest? following his release on bail until the time of his sentencing...

Intoxilyzers, DUI, and admissibility of PBT for probable cause: GREENE V. COM. (COA 1/4/2008)

Posted on January 27, 2008
GREENE V. COM. CRIMINAL: DUI - Admissibility of intoxilyzer results and Preliminary Blood Test (PBT); Search and seizure (suppression hearing, traffic stop and search) 2006-CA-002485 TO BE PUBLISHED: AFFIRMING PANEL: WINE PRESIDING; STUMBO, GUIDUGLI CONCUR COUNTY: HARDIN DATE RENDERED: 01/04/2008 CA affirmed Greene's convictions and 5 year sentence for operating a motor vehicle with an alcohol concentration of or above 0...

January 25, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:04)

Posted on January 26, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 21 rendered decisions - Numbered 81-101 4 published - 84; 90; 92; 98. Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...

Minutes for Kentucky Supreme Court for Jan. 24, 2008

Posted on January 26, 2008
Click here for minutes at AOC with links to full text of each decision Click here for blog posting of minutes with highlights 23 rendered decisions: 01-23 14 published (01-14) 4 attorney matters (published) 5 of 24 cases granted discretionary review - 20...

COA MINUTES: January 18, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:03)

Posted on January 18, 2008
January 18, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:03) Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. For our copy of the minutes, click here. 46 rendered decisions - Numbered 45-80 6 published - 47; 50; 51; 53; 55; 67...

LAWWIRE: DEC. 28, 2007 KENTUCKY COURT OF APPEALS DECISIONS (2007:63)

Posted on January 15, 2008
DEC. 28, 2007 KENTUCKY COURT OF APPEALS DECISIONS (2007:63) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 10 rendered decisions Nos...

COPD not found to be pre-existing condition in claim for government disability retirement: KENTUCKY RETIREMENT SYSTEMS V. BROWN (COA 12/28/2007)

Posted on January 15, 2008
KENTUCKY RETIREMENT SYSTEMS V. BROWN EMPLOYMENT: Government disability retirement 2006-CA-000296 PUBLISHED: AFFIRMING PANEL: ACCRESS PRESIDING; DISCON, KELLER CONCUR COUNTY: FRANKLIN DATE RENDERED: 12/28/2007 In this appeal, the COA held that pre-employment smoking behavior was not a "condition" to deny disability for COPD...

Implied contracts, contracts, and quantum meruit in failed deal: QUADRILLE BUSINESS SYSTEMS V. KENTUCKY CATTLEMEN'S ASSOCIATION, INC. (COA 12/28/2007)

Posted on January 15, 2008
QUADRILLE BUSINESS SYSTEMS V. KENTUCKY CATTLEMEN'S ASSOCIATION, INC. CONTRACTS: Business; contracts and quantum meruit 2005-CA-002621 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART PANEL: THOMPSON PRESIDING; ACREE CONCURS; KELLER DISSENTS FILING SEPARATE OPINION COUNTY: OLDHAM DATE RENDERED: 12/28/2007 Quadrille Business Systems claimed breach of contract, breach of good faith and fair dealing and breach of fiduciary duty against the Kentucky Cattlemen's Association (Cattlemen's), and the Circuit Court granted Cattlemen's motion for summary judgment on all claims asserted but permitted Quadrille to submit a claim for quantum meruit to the jury...

LAWWIRE: DEC. 21, 2007 KENTUCKY COURT OF APPEALS DECISIONS (2007:62)

Posted on January 14, 2008
DEC. 21, 2007 KENTUCKY COURT OF APPEALS DECISIONS (2007:62) HTML Version of the LawWire - Published and Nonpublished decisions PDF Version of the LawWire COA Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and click here for the AOC's Official Minutes [which is provided for backup purposes] 14 rendered decisions Nos...

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