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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

Search and seizure; vehicle abandoned and reasonable expectation of privacy: WATKINS v. COM. (COA 7/11/2008)

Posted on September 16, 2008
WATKINS v. COMMONWEALTHCRIMINAL: Search and seizure; vehicle abandoned and reasonable expectation of privacy2007-CA-000869PUBLISHED: AFFIRMINGPANEL: ACREE PRESIDING; VANMETER, WINE CONCURTODD COUNTYDATE RENDERED: 7/11/2008CA affirmed TC's denial of Watkins' motion to suppress evidence seized from his vehicle...

Certificate of insurance found not to have changed the terms of the policy: ANN TAYLOR, INC. v. HERITAGE INSURANCE SERVICES, INC. (COA 7/11/2008)

Posted on September 16, 2008
ANN TAYLOR, INC. v. HERITAGE INSURANCE SERVICES, INC.INSURANCE: NEGLIGENT MISREPRESENTATION; CERTIFICATE OF INSURANCE; EXCLUSIONS2007-CA-000317PUBLISHED: AFFIRMINGPANEL: MOORE PRESIDING; KELLER, THOMPSON CONCURJEFFERSON COUNTYDATE RENDERED: 7/11/2008CA affirms SJ for insurance company and broker on property loss action...

WORKERS COMPENSATION: Opinion Withdrawn: WHITE V. GREAT CLIPS (COA 7/3/2008)

Posted on September 16, 2008
WHITE V. GREAT CLIPSWORKERS COMPENSATION: Opinion Withdrawn2007-CA-001855 http://opinions.kycourts.net/coa/2007-CA-001477.pdfTO BE PUBLISHED: VACATING AND REMANDINGPANEL: THOMPSON PRESIDING; TAYLOR, BUCKINGHAM CONCURWORKERS COMPENSATIONDATE RENDERED: 7/3/2008 Note: This decision was originally posted with the 7/3/2008 COA Minutes, but was reposted with the 7/18/2008 COA Minutes with no indication on the first page of the decision of modified, etc...

KRS 503.085 Not retroatively applied regarding using force against another and permitted defenses: WORLEY v. COM. (COA 7/3/2008)

Posted on September 16, 2008
WORLEY V. COMMONWEALTHCRIMINAL: KRS 503.085 Not retroatively applied regarding using force against another and permitted defenses2007-CA-000175TO BE PUBLISHED: AFFIRMINGPANEL: ACREE PRESIDING; DIXON, TAYLOR CONCURWHITLEY COUNTYDATE RENDERED: 7/3/2008CA affirmed Worley's conviction and 18 year sentence for first-degree manslaughter...

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Abuse & neglect proceedings against father reversed for multiple reasons - grandparents' presence, no hearing to determine compelling need to interview child in father's absence, and limitations on father's questions of mother: T(Z) v. T(M) (COA 6/28/08

Posted on September 16, 2008
T.(Z.) v. T.(M.)FAMILY LAW: Abuse and neglect proceedings against father reversed for multiple reasons - grandparents' presence, no hearing to determine compelling need to interview child in father's absence, and limitations on father's questions of mother during hearing2007-CA-001444PUBLISHED: REVERSING AND REMANDINGPANEL: THOMPSON PRESIDING; GRAVES CONCURS; KELLER CONCURS IN RESULT ONLYKENTON COUNTYDATE RENDERED: 6/27/2008Father appealed findings in a dependency, abuse, and neglect case, in which it was alleged that the father sexually abuse his eldest child, M...

Fireman's Rule did not apply to animal control officer bit by dog off the premises he was to retrieve the dog: FETCHCO v. MORGAN (COA 6/27/2008)

Posted on September 16, 2008
FETCHCO v. MORGANTORTS: Fireman's Rule did not apply to animal control officer bit by dog off the premises he was to retrieve the dog 2007-CA-000547PUBLISHED: AFFIRMING IN PART AND REVERSING AND REMANDING IN PARTPANEL: MOORE PRESIDING; LAMBERT, BUCKINGHAM CONCURJEFFERSON COUNTYDATE RENDERED: 6/27/2008Following an attack of an infant by a pit bull dog (Bandit), Louisville Metro Animal Control was contacted to pick up Bandit...

Search and seizure - Particularized description of place to be search adequately supported the warrant in spite of incorrect address: FENTRESS v. COM. (COA 6/27/2008)

Posted on September 16, 2008
FENTRESS v. COM.CRIMINAL: Search and seizure - Particularized description of place to be search adequately supported the warrant in spite of incorrect address2006-CA-002453PUBLISHED: AFFIRMINGPANEL: CAPERTON PRESIDING; LAMBERT, THOMPSON CONCURGRAYSON COUNTYDATE RENDERED: 6/27/2008Deficiencies in the address in the warrant and the amount of pseudoephedrine bought by him was different than what was contained in the affidavit for the search warrant served as the basis of attacking the search...

Equitable estoppel and "discovery" rules applied to toll statute of limitations against manufacturer until announced product's defect and recall notice: LEMASTER v. FLUKE CORPORATION (COA 6/27/2008)

Posted on September 16, 2008
LEMASTER v. FLUKE CORPORATIONCIVIL PROCEDURE: Equitable estoppel and "discovery" rules applied to toll statute of limitations against manufacturer until announced product's defect and recall notice2006-CA-002373PUBLISHED: VACATING AND REMANDINGPANEL: COMBS PRESIDING; STUMBO, KNOPF CONCURPERRY COUNTYDATE RENDERED: 6/27/2008 The LeMasters appeal summary judgment dismissing their products liability claims against Fluke Corporation which arose from injuries that the appellants sustained in an explosion at a coal processing operation in Perry County, Kentucky...

State agency required to provide a complete and orderly official record for review: MONUMENTAL LIFE INS. CO. v. THE DEPT OF REVENUE (COA 6/27/2008)

Posted on September 16, 2008
MONUMENTAL LIFE INS. CO. v. THE DEPT OF REVENUEGOVERNMENT: Agency required to provide a complete and orderly official record for review2005-CA-002148PUBLISHED: AFFIRMINGPANEL: HENRY PRESIDING; BUCKINGHAM CONCURS; THOMPSON DISSENTS BY SEP. OP.FRANKLIN COUNTYDATE RENDERED: 6/27/2008This matter came before the COA upon Monumental Life Insurance Company?s motion to remand the administrative record to the Kentucky Board of Tax Appeals (KBTA) for proper organization and indexing...

Police officer who was also husband of defendant considered co-owner and shared common authority to authorize consent search of vehicle: LYNN V. COM. (COA 6/20/2008)

Posted on September 15, 2008
LYNN v. COMMONWEALTHCRIMINAL: Consent search by person who shared common authority of vehicle affirmed2007-CA-001131TO BE PUBLISHED: AFFIRMINGPANEL: THOMPSON PRESIDING; CAPERTON, LAMBERT CONCURFAYETTE COUNTYDATE RENDERED: 6/20/2008CA affirmed TC's denial of Lynn's motion to suppress drug evidence found in her vehicle...

Local planning commission had jurisdiction over siting of cell towers: KENTUCKY PUBLIC SERVICE COMM. v. SHADOAN (COA 6/20/2008)

Posted on September 15, 2008
KENTUCKY PUBLIC SERVICE COMM. v. SHADOANZONING and PLANNING: Local planning commission jurisdiction over siting of cell towers2007-CA-000697TO BE PUBLISHED: AFFIRMING IN PART & REVERSING IN PARTPANEL: MOORE PRESIDING; ACREE, STUMBO CONCURFRANKLIN COUNTYDATE RENDERED: 6/20/2008Bluegrass Wireless (?Bluegrass?) filed an application with the Kentucky Public Service Commission (?PSC?) to build a cellular tower...

Equitable estoppel applicable to government only under exceptional circumstances and case remanded to board for factual determination: KENTUCKY RETIREMENT SYSTEMS v. GRANT (COA 6/20/2008)

Posted on September 15, 2008
KENTUCKY RETIREMENT SYSTEMS v. GRANTGOVERNMENT: Equitable estoppel applicable to government only under exceptional circumstances and case remanded to board for factual determination2007-CA-000388TO BE PUBLISHED: VACATING AND REMANDINGPANEL: ACREE PRESIDING; KELLER, MOORE CONCURFRANKLIN COUNTYDATE RENDERED: 6/20/2008The Board of Trustees of the Kentucky Retirement Systems (KERS) appeals from an order of the Franklin Circuit Court reversing its decision to reduce the monthly retirement benefit payable to James Grant following a review of his employment compensation history pursuant to Kentucky Revised Statute (KRS) 61...

Minutes for Kentucky Court of Appeals for Sept. 12, 2008 (COA 2008:44)

Posted on September 14, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. Please note that the site was "down" but we have included the usual and customary link to the page and hope it is "up and running" soon.

SCOKY: Venters Sworn in Sept. 8 at new Justice of Supreme Court; partricipates in court week at University of Louisville Law School

Posted on September 14, 2008
Daniel J. Venters was formally sworn in as a justice of the Supreme Court of Kentucky Sept. 8 when he took the oath of office administered by Chief Justice John D. Minton, Jr. Justice Venters was joined in the Supreme Court Courtroom in the Capitol by his wife, attorney Jane Adams Venters (left), his mother, Mary B...

Minutes for Kentucky Court of Appeals for Sept. 5, 2008 (COA 2008:43)

Posted on September 05, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 37 rendered decisions - Numbered 1019-1055 with 5 published decisions (1029; 1031; 1035; 1040; 1046)

SCOKY ARGUMENTS: September 2008 Supreme Court Arguments to be held at U of L Law School for Sept. 10 and 11; No "Live Webcasting" [updated: there will be live web casting, but from a different URL - mms://livestream.louisville.edu/remotelive.]

Posted on September 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.*********** no live arguments available on the internet for September 2008 ****************** UPDATE: LIVE WEB CASTING - NOTE FROM LBA FOLLOWS:The LBA and the University of Louisville have partnered to offer live-streaming video of the Kentucky Supreme Court?s September oral arguments online...

COA ARGUMENTS: September 2008 Argument Calendar

Posted on September 02, 2008
September 2008 Court of Appeals Argument Calendar posted. LOCATION: LAUREL COUNTY JUDICIAL ANNEX NO. 2, SECOND FLOOR, CIRCUIT COURTROOM, 103 SOUTH BROAD STREET, LONDON, KENTUCKYDATE: Wednesday, September 03, 200811:45 AM KELLER CAPERTON NICKELLHOME QUALITY MANAGEMENT, INC...

May 2008 Supreme Court of Kentucky Oral Arguments (SCOKY) for June 11, 12, 13, 2008

Posted on June 12, 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. June 2008 Oral Argument calendar - click here WEDNESDAY, JUNE 11, 2008 9:00 a...

U.S. 6th Cir. Decisions for Week of Jun 2-6, 2008 (1 Ky cases)

Posted on June 08, 2008
U.S. 6th Cir. Decisions for Week of Jun 2-6, 2008 (1 Ky cases) posted.

March 28, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:16)

Posted on June 08, 2008
March 28, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:16) 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] 22 rendered decisions Nos...

Conditional use permit (restaurant or tea room or catering service) and subsequent adoption of ordinance pending moratorium: THE GREATER HARRODSBURG/MERCER COUNTY PLANNING AND ZONING COMM. v. ROMERO (COA 3/28/2008)

Posted on June 08, 2008
THE GREATER HARRODSBURG/MERCER COUNTY PLANNING AND ZONING COMM. v. ROMERO ZONING: Conditional use permit (restaurant or tea room or catering service) and subsequent adoption of ordinance pending moratorium 2006-CA-002623 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; BUCKINGHAM, HENRY CONCUR MERCER COUNTY DATE RENDERED: 3/28/2008 The Romeros purchased property and prepared to open a bed and breakfast, tearoom and catering service...

Wrongful death settlement without any earnings impairment treated as personal injury settlement going to heir and not statutory beneficiaries: SMITH v. MCCURDY (COA 3/28/2008)

Posted on June 08, 2008
SMITH V. MCCURDY PROBATE: Wrongful death proceeds versus personal injury action and distribution of the proceeds; Wrongful death settlement without any earnings impairment treated as personal injury settlement going to heir and not statutory beneficiaries 2007-CA-001239 PUBLISHED: AFFIRMING PANEL: MOORE PRESIDING; WINE, BUCKINGHAM CONCUR MARSHALL COUNTY DATE RENDERED: 3/28/2008 This appeal involved a most unfortunate dispute between two sisters regarding the proceeds of a settlement reached in a federal lawsuit filed based on allegations of maltreatment of their deceased mother in a nursing home...

Judge not bound by parties agreement of modification of child support for change of circumstances: HOOFRING v. FITE (COA 3/28/2008)

Posted on June 08, 2008
HOOFRING V. FITE FAMILY LAW: Child support modifications, agreements, arrearages; judge not bound by parties agreement of modification of child support for change of circumstances 2007-CA-001466 PUBLISHED: AFFIRMING PANEL: DIXON PRESIDING; COMBS, KNOPF CONCUR KENTON COUNTY DATE RENDERED: 3/28/2008 The parties, never married, entered into a series of child custody and support agreements...

Non-biological "parent" of child in same-sex relationship found not be de facto custodian and biological parent did not waive her superiour right of custody and no claim of unfitness results in no standing to assert custody: PICKLESIMER v. MULLINS

Posted on June 08, 2008
PICKLESIMER V. MULLINS CIVIL PROCEDURE: Jurisdiction, venue, entry of apperance in custody issue FAMILY LAW: Non-biological "parent" of child in same-sex relationship found not be de facto custodian and biological parent did not waive her superiour right of custody and no claim of unfitness results in no standing to assert custody 2007-CA-000086 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING PANEL: WINE PRESIDING; CAPERTON, KELLER CONCUR GARRARD COUNTY DATE RENDERED: 3/28/2008 Affirming in part, reversing in part and remanding Garrard Circuit Court The facts of this dispiriting case will take some time to recite...

Unemployment benefits; termination for "good cause" for drinking off premises before work: KENTUCKY UNEMPLOYMENT COMM. v. DURO BAG MANUFACTURING (COA 3/28/2008)

Posted on June 08, 2008
KY UNEMPLOYMENT INS. COMM. v. DURO BAG MANUFACTURING EMPLOYMENT: Unemployment benefits; termination for "good cause" for drinking off premises before work 2006-CA-002625 PUBLISHED: AFFIRMING PANEL: WINE PRESIDING; DIXON, LAMBERT CONCUR BOONE COUNTY DATE RENDERED: 3/28/2008 Consuming alcohol off the premises and several hours before beginning work is sufficient to disqualify the claimant from receiving unemployment) benefits...

Penalty enhancement for DUI requires actual conviction: COMMONWEALTH v. BEARD (COA 3/28/2008)

Posted on June 08, 2008
COMMONWEALTH V. BEARD CRIMINAL: Penalty enhancement for DUI requires actual conviction 2006-CA-001990 PUBLISHED: AFFIRMING PANEL: COMBS PRESIDING; ACREE, THOMPSON CONCUR CALLOWAY COUNTY DATE RENDERED: 3/28/2008 On discretionary review, CA affirmed Circuit Court finding that KRS 189A...

Interstate compact for crediting inmates accounts for participation in employment programs: COMMONWEALTH v. CRUM (COA 3/28/2008)

Posted on June 08, 2008
COMMONWEALTH V. CRUM CRIMINAL: Interstate compact for crediting inmates accounts for participation in employment programs 2006-CA-001419 PUBLISHED: REVERSING PANEL: ACREE PRESIDING; LAMBERT, ROSENBLUM CONCUR FRANKLIN COUNTY DATE RENDERED: 3/28/2008 CA reversed the judgment of the Franklin Circuit Court ordering the Commonwealth to compensate Thomas Crum for work performed as an inmate while he was incarcerated in a Florida penitentiary under the Interstate Corrections Compact...

COA ARGUMENT CALENDAR: June 2008!

Posted on June 08, 2008
Here's a link to the Court of Appeals argument calendar for the month of June 2008. CLICK HERE. LOCATION: FAYETTE COUNTY CIRCUIT COURT, COURTROOM I, 4TH FLOOR, 120 NORTH LIMESTONE, LEXINGTON, KENTUCKY DATE: Tuesday, June 03, 2008 9:30 AM STUMBO CAPERTON BUCKINGHAM MICHAEL WILSON VS COMMONWEALTH OF KENTUCKY 2006CA002194 MOR criminal appeal alleging error in trial court's failure to give tendered instructions on self defense, EED, voluntary intoxication and 4th degree assault...

Minutes for Kentucky Court of Appeals for June 6, 2008 (COA) (2008:28)

Posted on June 07, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 22 rendered decisions - Numbered 649-670 6 published - 649, 655, 657, 666, 667, 668 NOTE: Hopefully, by the time you look at the official minutes, the links to the decisions will be corrected...

Oral findings and videotaped record adequately supported probation revocation at hearing: MOORE v. COM. (COA 3/28/2008)

Posted on June 07, 2008
MOORE V. COM. CRIMINAL: Oral findings and videotaped record adequately supported probation revocation at hearing 2007-CA-000244 PUBLISHED: AFFIRMING PANEL: KELLER PRESIDING; CLAYTON, MOORE CONCUR JEFFERSON COUNTY DATE RENDERED: 3/28/2008 CA held that the law as expressed in the federal Courts of Appeals should be the law in Kentucky, and therefore adopted the legal proposition that oral findings made by a trial court shall be sufficient to meet the written findings requirement of Morrissey v...

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