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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

Good cause for compelled no-fault physical examinations: WHITE V. ALLSTATE INSURANCE CO. (COA 12/21/2007)

Posted on January 14, 2008
WHITE V. ALLSTATE INSURANCE CO. INSURANCE: No fault (compelled medical examinations by PIP) 2006-CA-001573 PUBLISHED: AFFIRMING PANEL: THOMPSON, PRESIDING; MOORE AND GRAVES CONCUR COUNTY: BULLITT DATE RENDERED: 12/21/2007 PRELIMINARY REMARK: Good cause was shown by the PIP carrier who was concerned about the prolonged medical treatment of the insured, and upon a refusal by the treating physician to explain and a refusal by their insured to submit to a physical examination, the PIP carrier obtained a report from a physician conducting a records review and then filed a petition under KRS 304...

Valuation of pension plan and expert testimony: HIBDON V. HIBDON (COA 12/21/2007)

Posted on January 14, 2008
HIBDON V. HIBDON FAMILY LAW: Marital property, division of pension plan 2006-CA-000634 PUBLISHED: REVERSING AND REMANDING PANEL: THOMPSON, PRESIDING; MOORE, GRAVE CONCUR COUNTY: BULLITT DATE RENDERED: 12/21/2007 Husband appealed from order of the Bullitt County Circuit Court (TC), confirming Domestic Relations Commissioner?s (DRC's) report, dividing his pension plan with Ex-wife, contending that TC erred in its computation of the present value of the plan...

ARGUMENTS SCOKY: Jan. 16, 17 & 18, 2007 Arguments for Ky Supreme Court

Posted on January 14, 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, JANUARY 16, 2008 9:00 a.m. COMMONWEALTH V. MCBRIDE (2005-SC-539-DG) AND (CROSS MOTION) MCBRIDE V...

LAWWIRE: DEC. 20, 2007 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2007:61)

Posted on January 12, 2008
DEC. 20, 2007 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2007:61) HTML Version of the LawWire - PUBLISHED and NonPUBLISHED decisions. PDF Version. MINUTES from AOC for this week (from AOC Web Site) Decisions no. 206-228 23 decisions rendered with 11 published; 3 Disciplinary cases; 10 of 38 discretionary reviews granted (or 26...

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Extrinsic evident to explain ambiguties in deed involving "stake patents" and "conditional line agreements": C.W. HOSKINS HEIRS V. BOGGS (SC 12/20/2007)

Posted on January 12, 2008
C.W. HOSKINS HEIRS V. BOGGS PROPERTY: Real Estate Deed, ambiguities, and extrinsic evidence; "stake patents" and "conditional line agreements" 2005-SC-000618-DG.pdf PUBLISHED: REVERSING OPINION BY SCOTT; MINTON NOT SITTING DATE RENDERED: 12/20/2007 This was an action to quiet title to a 155 acre tract of coal (the disputed tract) between the Boggs Heirs and the Hoskins Heirs and the entitlement to mining royalties...

Minor waived right to be present at adjudication and sentencing hearings in truancy: COM. V. B.J., A CHILD UNDER 18 (SC 12/20/2007)

Posted on January 12, 2008
COM. V. B.J., A CHILD UNDER 18 FAMILY LAW: Habitual truancy and minor's waiver of right to be present 2007-SC-000025-DGE.pdf PUBLISHED: REVERSING OPINION: CUNNINGHAM; MINTON DISSENTS BY SEP. OP. DATE RENDERED: 12/20/2007 Child was adjudicated a habitual truant by TC...

SC finds no Batson violation: CHATMAN V. COM. (SC 12/20/2007)

Posted on January 12, 2008
CHATMAN V. COM. CRIMINAL: Vire dire; Batson 2005-SC-000953-MR.pdf PUBLISHED: AFFIRMING OPINION: SCOTT DATE RENDERED: 12/20/2007 SC affirmed Chatman's convictions for drug trafficking and PFO 1st. TC did not err when it struck two African-American jurors for cause...

Denial of continuance by trial judge affirmed in criminal trial: FREDLINE V. COM. (SC 12/20/2007)

Posted on January 12, 2008
FREDLINE V. COM. CRIMINAL: Murder 2006-SC-000281-MR.pdf PUBLISHED: AFFIRMING MEMORANDUM OPINION DATE RENDERED: 12/20/2007 SC affirmed Fredline's conviction and 25 year sentence for murder. TC did not abuse its discretion in denying Defendant's motion for a continuance because the Defendant suffered no identifiable prejudice by this denial...

Criminal voir dire and strikes: SHANE V. COM. (SC 12/20/2007)

Posted on January 12, 2008
SHANE V. COM. CRIMINAL: Voir Dire, Peremptory Strikes 2006-SC-000096-MR.pdf PUBLISHED: AFFIRMING IN PART AND REVERSING IN PART OPINION: NOBLE; SCOTT CONCURS IN PART AND DISSENTS IN PART BY SEP. OP. DATE RENDERED: 12/20/2007 SC reversed Shane's convictions and 35 year sentence in Jefferson Circuit Court, specifically overruling Morgan v...

Criminal arraignment and superseding indictments: TERRY V. COM. (SC 12/20/2007)

Posted on January 12, 2008
TERRY V. COM. CRIMINAL: Arraignment, Superseding Indictments 2005-SC-000749-MR.pdf PUBLISHED: AFFIRMING IN PART AND VACATING AND REMANDING IN PART OPINION: SCOTT; LAMBERT CONCURS IN PART AND DISSENT IN PART BY SEP. OP IN WHICH SCHRODER JOINS DATE RENDERED: 12/20/2007 Terry's convictions for criminal mischief in the first degree are vacated and remanded...

Referring to inadmissible evidence in opening statement of criminal trial results in reversal: PARKER V. COM (SC 12/20/2007)

Posted on January 12, 2008
PARKER V. COM CRIMINAL: Opening Statement 2005-SC-000343-MR.pdf PUBLISHED: REVERSING OPINION: NOBLE; SCOTT CONCURS IN PART AND DISSENTS IN PART BY SEP. OP; ABRAMSON NOT SITTING DATE RENDERED: 12/20/2007 SC found Parker to be entitled to a new trial following conviction for murder because the trial court erred in allowing the playing of a rap CD in opening statement, with commentary by the Commonwealth, when the CD could not later be properly admitted, and the error could not be cured by admonition...

Disqualify defense expert who was previous consulting expert for plaintiff: SOWDERS V. HON. THOMAS LEWIS (SC 12/20/2007)

Posted on January 12, 2008
SOWDERS V. HON. THOMAS LEWIS CIVIL PROCEDURE: EXPERT DISQUALIFICATION AND CONSULTING EXPERTS WRIT OF MANDAMUS 2007-SC-000043-MR.pdf PUBLISHED: AFFIRMING IN PART, REVERSING IN PART OPINION: SCOTT; CUNNINGHAM DISSENTS BY SEP. OP. DATE RENDERED: 12/20/2007 The Supreme Court reversed the COA's denial of a petition for a writ of mandaus to disqualify a defendant's expert witness (Dr...

Untimely demand for jury trial: LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT V. BISCHOFF (SC 12/20/2007)

Posted on January 12, 2008
LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT V. BISCHOFF CIVIL PROCEDURE: Demand for jury trial untimely and waived under CR 38.02 2006-SC-000058-DG.pdf PUBLISHED: REVERSING OPINION BY MINTON; SCHRODER DISSENTS AND WOULD BE INCLINED TO AFFIRM THE WELL-WRITTEN OPINION OF THE COA WITH ITS CONSTITUTIONAL BIAS IN FAVOR OF RIGHT TO JURY TRIAL AND NOT BELIEVE FAILURE TO COMPLY WITH CR 38...

Untimely CR 60.02 motion to set aside default judgment (extraordinary nature): ASSET ACCEPTANCE LLC V. MOBERLY (SC 12/20/2007)

Posted on January 12, 2008
ASSET ACCEPTANCE LLC V. MOBERLY APPEALS: Jurisdiction and CR 60.02 2006-SC-000617-DG.pdf PUBLISHED: VACATING AND REMANDING OPINION: ABRAMSON DATE RENDERED: 12/20/2007 The Supreme Court vacates and remands the dismissal of an appeal from an order overturning a two-year old default judgment...

COA MINUTES: January 11, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:02)

Posted on January 11, 2008
January 11, 2008: Minutes for Kentucky Court of Appeals (COA)(2008:02) 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. 20 rendered decisions - 4 published - 31; 34; 36; 37...

LAWWIRE: DEC. 14, 2007 KENTUCKY COURT OF APPEALS DECISIONS (2007:60)

Posted on January 06, 2008
DEC. 14, 2007 KENTUCKY COURT OF APPEALS DECISIONS (2007:60) 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] 31 rendered decisions Nos...

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