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: Kentucky Law BlogCOA 2009 Minutes: August 28, 2009 (Nos. 856-881)
By Michael Stevens
COA 2009 Minutes: August 28, 2009 (Nos. 856-881)
COA 2009 Minutes: August 28, 2009 (Nos. 856-881)
- 26 decisions
- 5 published
PUBLISHED DECISIONS WITH LINKS TO FULL TEXT
859
Howell v. Commonwealth
REVERSING
BEFORE: MOORE AND WINE, JUDGES; HENRY,1 SENIOR JUDGE.
MOORE,
JUDGE: Arvid Howell appeals the jury verdict and judgment of the Kenton
Circuit Court convicting him for assault in the second degree. After a
careful review of the record, we reverse, as the trial court was
incorrect in finding, under the circumstances of this case, that
second-degree assault is a lesser included offense of first-degree
robbery.
864
Ranger Contracting v. Morley
Affirming
NICKELL,
JUDGE: Ranger Contracting (Ranger) appeals from a final order of the
Workers? Compensation Board (Board) affirming an Administrative Law
Judge?s (ALJ) award of medical benefits to Brock Morley (Morley) and
his treating physician, Dr. Anbu Nadar (Dr. Nadar), following the
reopening of a claim
resulting from a disputed medical fee. After reviewing the record, applicable statutes and case law, we affirm.
867
Cabiney for Health and Family Services v. Gambrel's Food Mart, Inc.
Affirming
BEFORE: COMBS, CHIEF JUDGE; STUMBO, JUDGE; BUCKINGHAM,1 SENIOR JUDGE.
STUMBO,
JUDGE: The Commonwealth of Kentucky, Cabinet for Health and Family
Services, appeals from a Judgment of the Franklin Circuit Court holding
that Gambrel?s Food Mart should not be disqualified from participating
as a vendor in Kentucky?s ?Women, Infants and Children? (WIC) program.
The lower court determined that Gambrel?s was subject to a waiver from
disqualification because disqualification would hinder consumer access
to WIC-approved food. The Cabinet argues that Gambrel?s was not
entitled to a hearing or judicial review of the hearing regarding its
disqualification. Gambrel?s argues that it was entitled to a hearing
and judicial review on the grounds that to hold otherwise would be an
arbitrary denial of due process. We affirm the circuit court and find
that Gambrel?s was entitled to a hearing and judicial review of its WIC
disqualification.
870
Young v. Holms
Affirming
BEFORE: CAPERTON, THOMPSON, AND WINE, JUDGES.
CAPERTON,
JUDGE: Jennifer Young appeals from an order of the Jefferson Family
Court whereby the court ordered the parties? minor child, Z.H.
(hereinafter, the child) to attend St. Athanasius School in Louisville,
KY for the academic year of 2008-09. Young asserts that the court?s
order violates her First Amendment right to religious freedom and that
the court could only appropriately order the child to attend St.
Athanasius by finding that he had special needs that would require him
to attend private school. We disagree and accordingly affirm the
Jefferson Family Court.
878
Wilder v. Wilder
Affirming
BEFORE: LAMBERT AND STUMBO, JUDGES; HENRY,1 SENIOR JUDGE.
LAMBERT,
JUDGE: This is an appeal from an order to distribute marital funds
entered by the Bell Circuit Court seven months after that court entered
the parties? final divorce decree. Appellant Bill Wilder claims the
trial court did not have jurisdiction to enter an order dividing the
parties? marital property more than ten days after the entry of the
final decree. Appellee Savannah Wilder defends the order, arguing the
trial court was within its authority to grant her relief under Rule
60.02 of the Kentucky Rules of Civil Procedure (?CR?). Upon careful
review, we agree with Appellee and thus, affirm.
Full post as published by Kentucky Law Blog on September 07, 2009 (boomark / email).

COA 2009 Minutes: August 7, 2009 (Nos. 760-787)
COA 2009 Minutes: Feb. 13, 2009 (Nos. 134-161)
COA 2009 Minutes: Feb. 20, 2009 (Nos. 162-200)
COA 2009 Minutes: Mar. 6, 2009 (Nos. 233-247)
COA 2009 Minutes: Mar. 13, 2009 (Nos. 248-263)
COA 2009 Minutes: Mar. 27, 2009 (Nos. 284-325)







