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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

Property - public housing, drug-related breach, URLTA, and preemption: Housing Authority of Covington v. Turner (COA 5/29/2009)

Posted on September 09, 2009
Housing Authority of Covington v. Turner 2007-CA-002562 05/29/2009 2009 WL 1491330 Opinion by Judge Thompson; Judge Keller concurred; Judge Moore concurred by separate opinion. On discretionary review, the Court affirmed an order of the circuit court affirming a holding of the district court that the doctrine of preemption did not preclude the application of a tenant?s right to remedy her drug-related breach of lease pursuant to KRS 383...

Employment - ADA, elected official, and accommodations: Kentucky Retirement Systems v. Martin (COA 5/22/2009)

Posted on September 09, 2009
Kentucky Retirement Systems v. Martin 2007-CA-002522 05/22/2009 2009 WL 1423991 Opinion by Judge Caperton; Judge Keller and Senior Judge Guidugli concurred in result only. The Court affirmed an order of the circuit court, which reversed a decision by the Kentucky Retirement Systems denying benefits to a county clerk who as supervisor/employer granted to herself various accommodations to complete her term of office...

Employment - Retirement benefits calculation for legislator: Karem v. The Board of Trustees of the Judicial Form Retirement System (COA 5/15/2009)

Posted on September 09, 2009
Karem v. The Board of Trustees of the Judicial Form Retirement System 2007-CA-002035 05/15/2009 2009 WL 1347497 Opinion by Judge Moore; Judge Dixon and Senior Judge Knopf concurred. The Court affirmed an opinion and order of the circuit court denying the appellant legislator?s request for a declaratory judgment that his retirement benefits should be calculated considering his salary while he was eligible to participate in the County Employees? Retirement System (CERS) and his salary while he participated in the Kentucky Legislators? Retirement Plan (LRP)...

Employment - no right of candidacy for political office, termination of clerk affirmed: Cook v. Popplewell (COA 5/15/2009)

Posted on September 09, 2009
Cook v. Popplewell 2008-CA-001249 05/15/2009 2009 WL 1349145 Opinion by Senior Judge Buckingham; Judge Taylor concurred; Judge Stumbo concurred by separate opinion. The Court affirmed a summary judgment of the circuit court granted to the appellee county clerk and county on appellant?s claims she had been discharged from her employment as a deputy county clerk for seeking to run against the county clerk in an upcoming election in violation of 42 U...

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Crimes - trial court erred in deny motion for judgment of acquital, intent to defraud etc.: Williams v. Commonwealth (COA 5/22/2009)

Posted on September 09, 2009
Williams v. Commonwealth 2008-CA-000567 05/22/2009 2009 WL 1424040 Opinion by Chief Judge Combs; Judge Acree concurred; Senior Judge Buckingham concurred in part and dissented in part by separate opinion. The Court reversed appellant?s conviction and sentence entered subsequent to jury verdict finding him guilty of possession of a forged instrument...

Criminal - Multiple RCr 11.42 issues, ineffective assistance of counsel, specific grounds, calling witnesses: Harris v. Com. (COA 5/29/2009)

Posted on September 09, 2009
Harris v. Commonwealth 2008-CA-001342 05/29/2009 2009 WL 1491399 Opinion by Judge Lambert; Judges Caperton and Keller concurred. The Court affirmed an order of the circuit court denying appellant?s motion filed pursuant to RCr 11.42. The Court first held that the issues of whether counsel was ineffective for failing to preserve for appellate review appellant?s claim for a speedy trial and whether appellant was denied his constitutional rights to a fair trial by an impartial jury were raised and rejected in his direct appeal and therefore, were not properly raised in the post-conviction proceeding...

Criminal law - statute void for vagueness re animal importation: Commonwealth v. Looper (COA 5/8/2009)

Posted on September 09, 2009
Commonwealth v. Looper 2008-CA-000850 05/08/2009 2009 WL 1272625 Opinion by Chief Judge Combs; Judge Acree and Senior Judge Buckingham concurred. The Court affirmed an order of the circuit court declaring unconstitutional KRS 150.40, which made the importation of the animal family Cervidae into the Commonwealth a Class D felony...

Criminal - KRE 412 evidence re other victims subject to abuse by family member: Adkins v. Commonwealth (COA 5/22/2009)

Posted on September 09, 2009
Adkins v. Commonwealth 2008-CA-000105 05/22/2009 2009 WL 1424007 Opinion by Judge Thompson; Judge Caperton and Senior Judge Graves concurred. The Court affirmed appellant?s conviction and sentence for second-degree unlawful imprisonment and three counts of first-degree sexual abuse...

Jurisdiction - Personal jurisdiction, long arm statute, and eBay contacts: Robey v. Hinners (COA 5/29/2009)

Posted on September 09, 2009
Robey v. Hinners 2008-CA-000989 05/29/2009 2009 WL 1491387 Opinion by Senior Judge Buckingham; Judge Acree concurred; Chief Judge Combs dissented by separate opinion. The Court reversed and remanded an default judgment of the circuit court in favor of a non-resident seller of a vehicle on eBay to a Kentucky resident...

AOC: Supreme Court Clerk Susan Stokley Clary installed as president of National Conference of Appellate Court Clerks

Posted on September 08, 2009
FRANKFORT, Ky. -- Susan Stokley Clary, clerk of the Supreme Court of Kentucky, was installed as president of the National Conference of Appellate Court Clerks at the organization?s annual meeting Aug. 6 in Sacramento, Calif. The NCACC focuses on continuing education for appellate court clerks and court administrators, providing them with information and training designed to help them improve the appellate court system...

COA 2009 Minutes: August 28, 2009 (Nos. 856-881)

Posted on September 07, 2009
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...

COA Argument Calendar for September 2009

Posted on September 07, 2009
Here is a shortened version of this month's COA Argument calendar. Click here for the entire PDF calendar with dates, times, locations, case numbers, lower court, appellate and trial judges, etc. Note if there is a name after the time, then that is the presiding judge on the case (the one who usually writes the opinions)...

SCOKY 2009 Minutes: August 27, 2009 (Nos. 174-207)

Posted on September 07, 2009
No Minutes for July 2009 as SCOKY was in recess for month. August 27, 2009 Supreme Court Minutes Decisions 174-207 34 decisions with 18 published 12 published disciplinary cases Link to full text published decisions with opening paragraph from decision for idea of issues 174 Keith A...

Insurance - transfer of ownership, completion of VTR not required for individuals: Franklin v. Safe Auto Ins. Co. (COA 5/1/2009)

Posted on September 07, 2009
Franklin v. Safe Auto Insurance Company 2008-CA-000615 05/01/2009 2009 WL 1160357 Opinion by Judge Wine; Judges Dixon and Keller concurred. The Court reversed and remanded a summary judgment in favor of an insurer, wherein the circuit court found that appellants were not the owners of a vehicle at the time it was involved in an accident...

Criminal - sex offeder registration: Hamilton-Smith v. Commonwealth (COA 4/3/2009)

Posted on September 07, 2009
Hamilton-Smith v. Commonwealth 2007-CA-002110 04/03/2009 2009 WL 874780 Opinion by Judge Clayton; Judges Acree and Keller concurred. The Court affirmed an order of the circuit court requiring appellant to register as a sex offender for a period of twenty years after he pled guilty to one count of possession of matter portraying a sexual performance by a minor in violation of KRS 531...

Administrative Law - No evidence agency exceed statutory authority in EPA: Alliance for Kentucky's Future, Inc. v. Environmental and Public Protection Cabinet (COA 5/10/2009)

Posted on September 07, 2009
Alliance for Kentucky's Future, Inc. v. Environmental and Public Protection Cabinet 2007-CA-001186 10/10/2008 Ordered PUBLISHED 5/10/2009 2008 WL 4531018 Opinion by Judge Clayton; Judge Stumbo and Senior Judge Graves concurred. The Court affirmed a decision of the circuit court upholding an administrative decision approving a Regional Facility Plan (RFP) for building a new waste water treatment plant...

Evidence - Expert testimony by doctor regarding nurse's standard of care permitted: Tapp v. Owensboro Medical Health System, Inc. (COA 4/10/2009)

Posted on September 07, 2009
Tapp v. Owensboro Medical Health System, Inc. 2008-CA-000848 04/10/2009 2009 WL 960826 Opinion by Judge Acree; Judge Moore and Senior Judge Knopf concurred. The Court affirmed a judgment of the circuit court dismissing a negligence action against a doctor and hospital...

Government - Open records requests, personal privacy exemption for rape suspect's identity: Lexington H-L Services, Inc. v. Lexington-Fayette Urban County Government (COA 4/10/2009)

Posted on September 07, 2009
Lexington H-L Services, Inc. v. Lexington-Fayette Urban County Government 2008-CA-000068 04/10/2009 2009 WL 960826 Opinion by Judge Taylor, Judge Lambert and Senior Judge Graves concurred. The Court affirmed a summary of the circuit court concluding that the personal privacy exemption of KRS 61...

Family Law - Jurisdiciton, residency requirements to adopt strictly applied: Conn v. Ingram (COA 4/24/2009)

Posted on September 07, 2009
Conn v. Ingram 2007-CA-002255 04/24/2009 2009 WL 1097937 Opinion by Judge Nickell; Judges Caperton and Keller concurred. The Court affirmed an order of the circuit court dismissing appellant?s petition to adopt his adult daughter. The Court held that the trial court correctly found that appellant, a Missouri resident, failed to satisfy the residency requirement of KRS 199...

Employment - Written notice of a penalization to file appeal with Personnel Board: Commonwealth, Dept. of Revenue, Finance and Administration Cabinet v. McDonald (COA 4/10/2009)

Posted on September 07, 2009
Commonwealth, Dept. of Revenue, Finance and Administration Cabinet v. McDonald 2007-CA-001626 04/10/2009 2009 WL 960765 Opinion by Judge Moore; Judges Clayton and Taylor concurred. The Court reversed an opinion and order of the circuit court concluding that appellees? requests for retroactive pay related to their job reclassifications were timely appealed...

Criminal - Sentence credit, probation revocation, civil/criminal contempt: Nicely v. Commonwealth (COA 4/24/2009)

Posted on September 07, 2009
Nicely v. Commonwealth 2007-CA-002109 04/24/2009 2009 WL 1097905 Opinion by Judge Wine; Chief Judge Combs concurred; Senior Judge Buckingham concurred in result only by separate opinion. The Court reversed and remanded an order of the circuit court denying appellant?s CR 60...

Criminal - Competency to enter plea: Graves v. Commonwealth (COA 2/20/09 Ordered Published 4/3/2009)

Posted on September 07, 2009
Graves v. Commonwealth 2008-CA-000901 02/20/2009 2009 WL 414589 Ord pub 04/03/2009 Opinion by Judge Nickell; Judge Dixon and Senior Judge Buckingham concurred. The Court affirmed an order of the circuit court denying a motion filed pursuant to CR 60.02(f) to set aside appellant?s conviction and sentence...

Criminal - Search and seizure, good faith exception, probable cause: Beckam v. Commonwealth (COA 4/24/2009)

Posted on September 07, 2009
Beckam v. Commonwealth 2008-CA-000277 04/24/2009 2009 WL 1097985 Opinion by Judge VanMeter; Judge Lambert concurred; Senior Judge Knopf dissented by separate opinion. The Court affirmed a circuit court judgment sentencing appellant after a jury found him guilty of several drug-related offenses...

Corrections - fiscal court responsibility for medical expenses: Hospital of Louisa v. Johnson County Fiscal Court (COA 4/10/2009)

Posted on September 07, 2009
Hospital of Louisa v. Johnson County Fiscal Court 2008-CA-001302 04/10/2009 2009 WL 961145 Opinion by Judge Caperton; Judge Thompson concurred; Judge Wine concurred by separate opinion. The Court affirmed a summary judgment of the circuit court on the appellant hospital?s claim for payment from the county fiscal court for medical treatment given to a prisoner who had been released from jail on bail with the condition that he receive medical treatment and report back to the jail immediately upon completion of treatment...

Business law (horse-breeding contract); KRE 406 habit or routine evidence: Curry v. Bennett (COA 4/24/2009)

Posted on September 07, 2009
Curry v. Bennett 2007-CA-002315 04/24/2009 2009 WL 1097959 Opinion by Judge Wine; Judges Dixon and Keller concurred. The Court affirmed a judgment of the circuit court ordering appellant to specifically perform on a horse-breeding contract and awarding appellee damages for appellant?s breach of the contract...

Arbitration Clauses for claims against nursing home and authority: Beverly Health and Rehabilitation Services, Inc. v. Smith (COA 4/10/2009)

Posted on September 07, 2009
Beverly Health and Rehabilitation Services, Inc. v. Smith 2008-CA-000604 04/10/2009 2009 WL 961056 Opinion by Judge Wine; Judges Dixon and Keller concurred. The Court affirmed an order of the circuit court denying a motion to compel arbitration on an estates? claim that treatment the deceased received in a nursing facility hastened his death...

COA 2009 Minutes: August 21, 2009 (Nos. 818-855)

Posted on August 22, 2009
COA 2009 Minutes: August 21, 2009 (Nos. 818-855) 36 decisions 6 published PUBLISHED DECISIONS WITH LINKS TO FULL TEXT 818 Lawson v. Com. CLAYTON, JUDGE: This is an appeal of the denial of a motion to alter, amend or vacate pursuant to Kentucky Rules of Criminal Procedure (RCr) 11...

COA 2009 Minutes: August 14, 2009 (Nos. 788-817)

Posted on August 16, 2009
COA 2009 Minutes: August 14, 2009 (Nos. 788-817) 30 decisions 5 published 790 L.(N.) v. Commowealth LAMBERT, SENIOR JUDGE: N.L., a child under eighteen, appeals from an opinion and order of the Kenton Circuit Court that affirmed the Kenton District Court?s judgment that he was a juvenile sexual offender...

COA 2009 Minutes: August 7, 2009 (Nos. 760-787)

Posted on August 09, 2009
COA 2009 Minutes: August 7, 2009 (Nos. 760-787) 28 decisions 6 published 760 - Price v. Garcia Police officer testimony pertaining to weather conditions permitted but not qualified to testify as expert as to area of impact - expert required. 762 - New Life Cleaners Parol evidence rule, mistake of law vs...

SCOKY ARGS for August 19 & 20, 2009

Posted on August 04, 2009
Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. If the briefs have been filed at NKU at the time of this post, then they are linked here. If the briefs were not available on line, Click here and enter the Supreme Court, Month, and year to pull of the results for the briefs filed in the month you need to search...

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