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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

SCOKY MONTHLY CASE SUMMARY REPORT: January 2009

Posted on February 12, 2009
The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...

SCOKY ARGS for Feb. 11-13, 2009 - Time, dates, cases, issues and links to full text of lower decision and briefs (filed at Chase Law School)

Posted on February 03, 2009
New Page 2 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. The dates, times, briefs, and COA decision links are below! Again, if the litigants would like to request from the AOC at the time of their arguments copies of the videos and send to us, we will stream them! WEDNESDAY, FEBRUARY 11, 2009 9:00 a...

COA Argument Calendar for Feb. 2009 - Dates, times, locations, case names, issues, panel, and lower court/county referenced

Posted on January 31, 2009
LOCATION LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY DATE: Tuesday, February 03, 2009 9:00 AM BUCKINGHAM DIXON NICKELL CIVIL 2008CA001056 CITY OF PIKEVILLE ET AL. VS PIKE COUNTY, KY. ET AL. Election contest/alleged voting irregularities/annexation...

ARGUMENT CALENDARS POSTED: For February 2009 for SCOKY and COAKY

Posted on January 30, 2009
Here are the links to the February 2009 argument calendars at the AOC: Court of Appeals Supreme Court

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Arbitration: Kentucky River Community Care, Inc. v. Creeda Stallard (COA 12/19/2008)

Posted on January 28, 2009
Kentucky River Community Care, Inc. v. Creeda Stallard Abritration: Model Mediation Rules 2007-CA-002013 PUBLISHED: VACATING AND REMANDING PANEL: COMBS PRESIDING; KELLER, HENRY CONCUR BREATHITT (HONORABLE SAMUEL T. WRIGHT, III, JUDGE) DATE RENDERED: 12/19/2008 The Court vacated and remanded an order of the circuit court imposing a fine upon appellant of $40,500 plus the costs of mediation and attorney fees for its failure to file a certification of authority that its insurer?s representatives at mediation had the full authority to settle...

Juveniles, separate adjudication and disposition hearings -- F.(K.K.) v. Com. of Kentucky (COA 12/19/2008)

Posted on January 28, 2009
F.(K.K.) v. Com. of Kentucky Family Law: Juveniles, separate adjudication and disposition hearings 2008-CA-000478 PUBLISHED: VACATING AND REMANDING PANEL: STUJBO PRESIDING; THOMPSON, GUIDUGLI CONCUR APPEAL FROM FAYETTE CIRCUIT COURT HONORABLE TIMOTHY NEIL PHILPOT, JUDGE DATE RENDERED: 12/19/2008 The Court vacated and remanded an order committing a juvenile to the Cabinet for Families and Children after she was found in contempt for not following the orders of the court entered after she was adjudicated a status offender for being ?beyond control of parent...

Open records statute: Shyamashree Sinha M.D. v. University of Kentucky (COA 12/19/20089)

Posted on January 28, 2009
Shyamashree Sinha M.D. v. University of Kentucky Government: Open Records Statute 2008-CA-000311 PUBLISHED: VACATING AND REMANDING PANEL: STUMBO PRESIDING; THOMPSON, GUIDUGLI CONCUR APPEAL FROM FAYETTE CIRCUIT COURT, HONORABLE KIMBERLY N. BUNNELL, JUDGE DATE RENDERED: 12/19/2008 The Court affirmed an order of the trial court denying attorney fees, costs and a per diem sum to appellant pursuant to KRS 61...

Criminal: Sexual conduct with child -- Everett Jenkins v. Com. of Kentucky (COA 12/19/2008)

Posted on January 28, 2009
Everett Jenkins v. Com. of Kentucky Criminal: Sexual conduct with child 2007-CA-001268 PUBLISHED: REVERSING AND REMANDING PANEL: STUMBO PRESIDING; LAMBERT, THOMPSON CONCUR JEFFERSON (JUDGE MCCAY CHAUVIN) DATE RENDERED: 12/19/2008 Opinion by Judge Stumbo; Judges Lambert and Thompson concurred...

Attorneys: James Gregory Troutman v. KBA (SC 12/18/2008)

Posted on January 28, 2009
James Gregory Troutman v. KBA Suspended for two years 2008-SC-000833-KB.pdf Date Rendered: 12/18/2008 All sitting; all concur. Attorney entered Alford plea to charges of wanton endangerment, criminal mischief and criminal littering as part of a pretrial diversion agreement...

Attorneys: KBA v. Dana Lea B. Quesinberry (SC 12/18/2008)

Posted on January 28, 2009
KBA v. Dana Lea B. Quesinberry Suspended for one year2008-SC-000769-KB.pdf Date Rendered: 12/18/2008 All sitting; all concur. The Court granted the KBA?s motion to suspend attorney?s license for one year. The charge arose from the attorney?s failure to file the required brief with the Court of Appeals and failing to respond to subsequent notices from the COA...

Attorneys: KBA v. Jennifer Sue Whitlock (SC 12/18/2008)

Posted on January 28, 2009
KBA v. Jennifer Sue Whitlock Suspended 30 days 2008-SC-000743-KB.pdf Date Rendered: 12/18/2008 All sitting; all concur. A client retained the attorney to file a bankruptcy petition. The petition was never filed and the client subsequently learned the attorney no longer worked at the law firm...

Attorneys: KBA v. Eric Lamar Emerson (SC 12/18/2008)

Posted on January 28, 2009
KBA v. Eric Lamar Emerson Suspended for 61 days 2008-SC-000732-KB.pdf Date Rendered: 12/18/2008 All sitting; all concur. The Court adopted the KBA Board of Governors? recommendation to suspend attorney from the practice of law for 61 days. Attorney failed to file a motion for shock probation despite accepting a fee to do so...

Workers Comp: University evaluation ordered after claim submitted -- T.J. Maxx v. Christine L. Blagg (SC 12/18/2008)

Posted on January 28, 2009
T.J. Maxx v. Christine L. Blagg Workers Comp: University evaluation ordered after claim submitted Questions Presented: KRS 342.315. Whether the ALJ erred by ordering a university evaluation after a claim had been submitted for a decision. 2007-SC-000939-WC...

Criminal: Miranda Warnings, self-incrimination -- Kareem Ali Henry v. Com. of Kentucky (SC 12/18/2008)

Posted on January 28, 2009
Kareem Ali Henry v. Com. of Kentucky Criminal: Miranda Warnings, self-incrimination Questions Presented: Criminal Law. Miranda Warnings. Vehicle Search. Double Jeopardy. On appeal of criminal conviction pursuant to conditional guilty plea, issues relate to the "public safety" exception to mandated Miranda warnings, the warrantless search of automobile incident to recent occupant's arrest, and whether claim of double jeopardy is waived upon entry of guilty plea...

Workers Comp: Cessation of employment and post-injury employment -- Sandra Toy v. Coca Cola Enterprises (SC 12/18/2008)

Posted on January 28, 2009
Sandra Toy v. Coca Cola Enterprises Workers Comp: Cessation of employment and post-injury employment Questions Presented: KRS 342.730(1)(c)2. Whether the phrase "during any period of cessation of that employment" refers to the employment to which the worker returned after the injury, the employment in which the injury occurred, or any post-injury employment...

Workers Comp: Notice of injury -- Trico County Development & Pipeline v. Scotty Smith (SC 12/18/2008)

Posted on January 28, 2009
Trico County Development & Pipeline v. Scotty Smith Workers Comp: Notice of injury Questions Presented: KRS 342.185(1). Whether notice to an employer's insurance carrier constitutes notice to the employer. 2007-SC-000556-WC.pdf AFFIRMING OPINION OF THE COURT Court of Appeals; ALJ Grant S...

Criminal: Crimes - Wanton Murder, Failure to strike juror, Judicial Notice -- Ondra Leon Clay v. Com. of Kentucky (SC 12/18/2008)

Posted on January 28, 2009
Ondra Leon Clay v. Com. of Kentucky (261) Criminal: Crimes - Wanton Murder, Failure to strike juror, Judicial Notice Questions Presented: Wanton Murder and First Degree Sodomy. Life Without Parole for Twenty-Five Years. Batson Challenge. Failure to strike Juror for Cause...

Criminal: Judicial Notice, Learned treatise exception -- Stanley Stokes v. Com. of Kentucky (SC 12/18/2008)

Posted on January 28, 2009
Stanley Stokes v. Com. of Kentucky (260) Criminal: Judicial Notice, Learned treatise exception Questions Presented: Trial court did not abuse its discretion by taking ?judicial notice? of a medical dictionary as a ?learned treatise? and in taking judicial notice of a definition contained therein, where the accuracy of the definition was readily ascertainable...

Criminal: Juvenile Offender -- Timothy Taylor v. Com. of Kentucky (SC 12/18/2008)

Posted on January 28, 2009
Timothy Taylor v. Com. of Kentucky (259) Criminal: Juvenile Offender Questions Presented: Juvenile offender ? Murder ? 25 year sentence. 2006-SC-000863-MR.pdf AFFIRMING; PUBLISHED OPINION by Abramson Jefferson - Judge Montano Date Rendered: 12/18/2008 Opinion by Justice Abramson...

Criminal Law, Double jeopardy: Matthew Derry v. Com. of Kentucky (SC 12/18/2008)

Posted on January 28, 2009
Matthew Derry v. Com. of Kentucky (258) Criminal: Double Jeopardy Questions Presented: Criminal Law. Double Jeopardy. Issues include whether, after the Commonwealth had completed questioning of three witnesses at a jury trial but the case then was dismissed because the alleged offenses occurred in another county, reprosecution for the same occur in the second county...

SCOKY MONTHLY CASE SUMMARY REPORT: December 2008

Posted on January 26, 2009
The case summary report is created by the staff of the Supreme Court of Kentucky for the convenience of the bench and bar. Every effort is made to present accurate information, including status of the case, as of the date of posting. The most recent status for cases can be found on the Supreme Court, Court of Appeals, or other legal research websites...

SC Discretionary Review Grants for Jan. 14, 2009

Posted on January 26, 2009
COURT ORDERS GRANTING MOTION FOR DISCRETIONARY REVIEW ? JANUARY 14, 2009 (links are to lower court decision if available Plus Opening paragraph) CSX TRANSPORTATION, INC. V. TROY MOODY 2007-SC-000548-DG JEFFERSON 2005CA001494 THOMPSON, JUDGE: This is an appeal from a judgment following a jury verdict finding CSX Transportation liable under the Federal Employer's Liability Act, 45 U...

Minutes COA - Jan. 23, 2009 (2009:04)

Posted on January 26, 2009
Jan. 23, 2009 Court of Appeals Minutes with links to full text of each decision Numbered 65-87 (23 cases) 3 PUBLISHED - 66, 80, 86 Civil cases - 66, 71, 83 Workers Comp - 85

Minutes SCOKY -- Jan 22, 2009 (2009:03)

Posted on January 26, 2009
Jan 2009 Supreme Court Minutes Decisions 1-29 16 published (1-16) 3 published disciplinary cases 7 MDR grants

Minutes COA - Jan. 16, 2009 (2009:02)

Posted on January 26, 2009
Jan 16, 2009 COA Minutes with links to all rendered decisions 21-64 (44 decisions) 6 published (33, 35, 40, 52, 55, 62) Civil cases - 21, 38, 44, 46, 51, 52 Workers comp - 48, 63, 64

Minutes COA - Jan. 9, 2009 (2009:01)

Posted on January 26, 2009
COA Minutes for Jan. 9, 2009 2009:01 1-20 2 and 6 published

SC VIDEO: EMBERTON V. GMRI, INC., F/K/A/ GENERAL MILLS RESTAURANTS, INC., D/B/A RED LOBSTER RESTAURANT #349 -- Jan. 16, 2009

Posted on January 25, 2009
10:00 a.m. EMBERTON V. GMRI, INC., F/K/A/ GENERAL MILLS RESTAURANTS, INC., D/B/A RED LOBSTER RESTAURANT #349, ET AL. (2007-SC-443-DG) AND (CROSS-MOTION) GMRI, INC., F/K/A/ GENERAL MILLS RESTAURANTS, INC., D/B/A RED LOBSTER RESTAURANT #349, ET AL. V. EMBERTON (2008-SC-109-DG) Jan...

VIDEO: HUNT V. COMMONWEALTH OF KENTUCKY (2006-SC-634-MR) -- Jan. 15, 2009

Posted on January 25, 2009
HUNT V. COMMONWEALTH OF KENTUCKY (2006-SC-634-MR) January 15, 2009 "Death Penalty-Murder, Burglary in the First Degree and Wanton Endangerment in the First Degree." Floyd Circuit Court, Judge John David Caudill For Movant: Randall L. Wheeler, Shelly R...

SC VIDEOS: COMMONWEALTH OF KENTUCKY V. NICHOLS (2007-SC-493-DG) -- Jan. 16, 2009

Posted on January 25, 2009
COMMONWEALTH OF KENTUCKY V. NICHOLS (2007-SC-493-DG) Jan. 16, 2008 at 11:00 am "Criminal Law. Expert Testimony. Reciprocal Discovery Rule (RCr 7.24). Issue is whether prosecution is entitled to information about defense expert, including identity and summary of proposed testimony, when expert has generated no written report...

VIDEO: LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT V. TDC GROUP, LLC, D/B/A MOLLY MALONE'S, ET AL. (2007-SC-315-DG) AND (CROSS-MOTION) TDC GROUP, LLC, D/B/A MOLLY MALONE'S V. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (2007-SC-581-DG) - Jan 16, 2009

Posted on January 22, 2009
FRIDAY, JANUARY 16, 2009 9:00 a.m. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT V. TDC GROUP, LLC, D/B/A MOLLY MALONE'S, ET AL. (2007-SC-315-DG) AND (CROSS-MOTION) TDC GROUP, LLC, D/B/A MOLLY MALONE'S V. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, ET AL...

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