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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

FAMILY LAW: Denial of child visitation affirmed with only 1 of 6 experts believed the father abused the child: HOPPE V. TALLEN (COA 3/7/2008)

Posted on May 18, 2008
HOPPE V. TALLENT FAMILY LAW: Child Visitation, Allegations of Child Sexual Abuse 2007-CA-000104 PUBLISHED: AFFIRMING PANEL: NICKELL PRESIDING; CLAYTON, GRAVES CONCUR COUNTY: CLINTON DATE RENDERED: 3/7/2008 Father appealed the TC?s denial of his motion for immediate reinstatement of visitation with his daughter, K...

WORKERS COMP: Company owner is company officer and afforded workers compensation coverage unless rejected: KENTUCKY EMPLOYERS MUTUAL INSURANCE V. J & R MINING, INC. (COA 3/7/2008)

Posted on May 18, 2008
KENTUCKY EMPLOYERS MUTUAL INSURANCE V. J & R MINING, INC. WORKERS COMP: Coverage of owner 2007-CA-001901 PUBLISHED: AFFIRMING PANEL: DIXON PRESIDING; CLAYTON, GRAVES CONCUR COUNTY: WORKERS COMP BOARD DATE RENDERED: 3/7/2008 Earl Reed, an owner with his wife of J& R Mining, Inc...

John D. Minton Jr. elected new chief justice of Kentucky

Posted on May 12, 2008
John D. Minton Jr. elected new chief justice of Kentucky

U.S. 6th Cir. Decisions for Week of May 5-9, 2008

Posted on May 12, 2008
U.S. 6th Cir. Decisions for Week of May 5-9, 2008

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US 6th Cir. Decisions for Week of Apr. 28 - May 2, 2008

Posted on May 12, 2008
US 6th Cir. Decisions for Week of Apr. 28 - May 2, 2008

Minutes for Kentucky Court of Appeals for MAY 9, 2008 (COA) (2008:23)

Posted on May 12, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 33 rendered decisions - Numbered 539-571 33 decisions with 4 published - 543; 560; 565; 570 Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...

Minutes for Kentucky Court of Appeals for MAY 2, 2008 (COA) (2008:22)

Posted on May 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 502-538 4 published 503 503 - O.(S.D.) V. Com. 516 - Woolum M.D. v. Hillman 521 - Com. v. Copper Care 534 - Whaley v...

May 2008 Supreme Court of Kentucky Oral Arguments (SCOKY) for May 14, 15, 16

Posted on May 05, 2008
Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law. Click here. Links to COA decisions (if there are any) follow the links to the briefs. For Kentucky Supreme Court LIVE arguments, click here on date and time of argument...

MAY 2008 Court of Appeals Argument Calendar

Posted on May 03, 2008
May 2008 Court of Appeals Argument Calendar posted. May 5, 6, 12, 13, 14, 21 and 29, 2008. LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY DATE: Monday, May 05, 2008 10:00 AM WINE CAPERTON KELLER DAVID TIDWELL, IV VS COMMONWEALTH OF KENTUCKY 2007CA000136 Appeal from conviction for TBUT over $300 and PFO II...

LAWWIRE: Feb. 29, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:11)(COA)

Posted on April 30, 2008
Feb. 29, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:11) 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] 27 rendered decisions Nos...

De facto custodians must be determined before determining custody between to sets of grandparents: BAKER V. COMBS (COA 2/29/2008)

Posted on April 30, 2008
BAKER V. COMBS FAMILY LAW: Child custody and de facto custodian 2007-CA-001013 PUBLISHED: VACATING AND REMANDING PANEL: KELLER PRESIDING; THOMPSON, WINE CONCUR COUNTY: KNOX DATE RENDERED: 2/29/2008 Mother appealed from TC?s order denying her motion for custody of her natural child and awarding continued permanent custody to Paternal Grandmother and Step-Grandfather (?Paternal Grandparents?)...

Inmate has no right to grand jury transcipts following post-conviction motion: WAGNER V. COM (COA 2/29/2008)

Posted on April 30, 2008
WAGNER V. COM CRIMINAL: Post Conviction; transcripts 2006-CA-000900 PUBLISHED: AFFIRMING PANEL: STUMBO PRESIDING; ACREE, GRAVES CONCUR COUNTY: BELL DATE RENDERED: 2/29/2008 Inmate was not entitled to transcripts of his grand jury proceedings following post-conviction motion...

Waiver of right to arbitrate must be voluntary and intentional and not inferred lightly: WEIS BUILDERS, INC. V. COMPLETE CONTRACTING, INC. (COA 2/29/2008)

Posted on April 30, 2008
WEIS BUILDERS, INC. V. COMPLETE CONTRACTING, INC. ARBITRATION: WAIVER 2007-CA-000700 PUBLISHED: REVERSING AND REMANDING PANEL: STUMBO PRESIDING; ACREE, GRAVES CONCUR COUNTY: POWELL DATE RENDERED: 2/29/2008 Weis appealed arguing the circuit court improperly concluded that Weis waived its unilateral authority to compel arbitration pursuant to the terms of a contract between the parties...

LAWWIRE: Feb. 22, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:10)(COA)

Posted on April 29, 2008
Feb. 22, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:10) 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] 35 rendered decisions Nos...

Teacher's injury at convention with students arose out of employment for workers comp claim: CLARK COUNTY BOARD OF ED. V. JACOBS (COA 2/22/2008)

Posted on April 29, 2008
CLARK COUNTY BOARD OF ED. V. JACOBS WORKERS COMP: Arising out of employment 2007-CA-001575 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; NICKELL, VANMETER CONCUR COUNTY: WCB DATE RENDERED: 2/22/2008 The Court affirmed an award of disability benefits to a teacher who fell while attending a beta-club convention with her students out of town...

Physician's satellite offices primarily for diagnostic testing not included in KRS 216B.010 certificate of need: GILBERT, M.D. V. COM. CAB. FOR HEALTH AND FAMILY SVCS. (COA 2/22/2008)

Posted on April 29, 2008
GILBERT, M.D. V. COM. CAB. FOR HEALTH AND FAMILY SVCS. MEDICAL FACILITY LICENSURE: APPLICABILITY OF EXEMPTION TO CERTIFICATE OF NEED REQUIREMENT 2007-CA-000042 PUBLISHED: AFFIRMING PANEL: ACREE PRESIDING; KELLER, MOORE CONCUR COUNTY: FRANKLIN DATE RENDERED: 2/22/2008 John Gilbert, a well-known neurologist based in Lexington, his medical company and his satellite offices (collectively "Gilbert") appeal the TC's Order affirming the decision of the Cabinet for Health & Family Services finding Dr...

Juvenile DNA collection and testing limited: PETITIONER F v. BROWN (COA 2/22/2008)

Posted on April 29, 2008
PETITIONER "F" V. BROWN CRIMINAL: Juvenile DNA Testing 2006-CA-002450 PUBLISHED: AFFIRMING IN PART, AND REVERSING AND REMANDING IN PART PANEL: VANMETER PRESIDING; COMBS, MOORE CONCUR COUNTY: FRANKLIN DATE RENDERED: 2/22/2008 The issue in this appeal is whether the Franklin Circuit Court erred by granting summary judgment in Brown's favor as to whether the DJJ could collect DNA samples from seven unnamed juveniles...

Emergency Medical Treatment and Active Labor Act (EMTLA) is not a federal medical malpractice act: OHIO COUNTY HOSP. CORP. V. TINA MARTIN, ADMIN. OF EST. OF BILLIE CAROL SHREVE, DECEASED; AND DONALD RAY SHREVE, INDIVIDUALLY (COA 2/22/2008)

Posted on April 29, 2008
OHIO COUNTY HOSP. CORP. V. TINA MARTIN, ADMIN. OF EST. OF BILLIE CAROL SHREVE, DECEASED; AND DONALD RAY SHREVE, INDIVIDUALLY MEDICAL NEGLIGENCE: EMTLA (Emergency Medical Treatment and Active Labor Act) 2006-CA-002248 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, VACATING IN PART, AND REMANDING PANEL: BUCKINGHAM PRESIDING; THOMPSON CONCURS W/SEP...

Multiple issues regarding search and jury insructions still results in affirmance of conviction: NASH V. COM. (COA 2/22/2008)

Posted on April 29, 2008
NASH V. COM. CRIMINAL: Search warrants; Jury instructions 2005-CA-002179 PUBLISHED: AFFIRMING PANEL: HENRY PRESIDING; KELLER, TAYLOR CONCUR COUNTY GRAYSON DATE RENDERED: 2/22/2008 CA affirmed Defendant's convictions for possession of anhydrous ammonia in an unapproved container with the intent to manufacture methamphetamine and possession of drug paraphernalia...

Minutes for Kentucky Court of Appeals for April 25, 2008 (COA) (2008:21)

Posted on April 27, 2008
Click here for PDF copy of Minutes posted at AOC with links to each published and non-published decision this week. 17 rendered decisions - Numbered 485-501 2 published 497 - Finance and Admini. Cab. v. Slagel 498 - Graham v. Rogers Minutes List - all published and nonpublished decisions with links to the full text of the decision posted at AOC's web site plus orders regarding dismissals, extraordinary writs, discretionary review...

Minutes for Kentucky Supreme Court for April 24, 2008 (2008:20)

Posted on April 27, 2008
Click here for minutes at AOC with links to full text of each decision 32 rendered decisions: 71-102 20 published (71-90) 7 disciplinary matters (4 published) 7 of 44 cases granted discretionary review - 15.9% grant rate Minutes List of all published and nonpublished SCOKY decisions with links to the full text of the decision posted at web site plus orders regarding dismissals, extraordinary writs, discretionary review.

Minutes for Kentucky Court of Appeals for April 18, 2008 (COA) (2008:19)

Posted on April 20, 2008
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. 23 rendered decisions - Numbered 462-484 3 published - 465 (Com. v. Lopez); 467 (Pennington v...

ARGUMENTS: April 2008 SCOKY Argument Calendar

Posted on April 19, 2008
Apologies for this last posting. However, the parties, counsel, issues and links to briefs are provided. 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...

Minutes for Kentucky Court of Appeals for April 11, 2008 (COA)(2008:18)

Posted on April 12, 2008
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. 26 rendered decisions - Numbered 436-461 2 published - 439 (Barkman v. Overstreet MD); 440 (Young v...

LAWWIRE: FEB 21, 2008 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2008:09)

Posted on April 07, 2008
FEB 21, 2008 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2008:09) HTML Version of the LawWire - PUBLISHED and NonPUBLISHED decisions. PDF Version. MINUTES from AOC for this week (from AOC Web Site) Decisions no. 24-49 26 decisions rendered with 10 published; 10 Disciplinary cases with 5 published; 4 of 43 discretionary reviews granted (or 16...

Equitable estoppel did not apply in zoning case under facts and zoning action was arbitrary: Sebastian-Voor Properties, LLC, et al. v. Lexington-Fayette Urban County Government, et al. (SC 2/21/2008)

Posted on April 07, 2008
Sebastian-Voor Properties, LLC, et al. v. Lexington-Fayette Urban County Government, et al. ZONING: Land Use Planning PUBLISHED: AFFIRMING OPINION BY SCHRODER; NOBLE NOT SITTING; ABRAMSON CONCURRING IN RESULT ONLY DATE RENDERED: 2/21/2008 2006-SC-000732-DG...

Widow?s survivor benefits terminate at the time she reaches the age of sixty (60), when she will qualify for widows? benefits under the Social Security Act: MORSEY, INC. V. FRAZIER (SC 2/21/2008)

Posted on April 07, 2008
MORSEY, INC. V. FRAZIER WORKERS COMP: Survivor Benefits 2007-SC-000159-WC.pdf PUBLISHED: REVERSING AND REMANDING OPINION OF THE COURT DATE RENDERED: 2/21/2008 KRS 342 .730(4) limits the duration of an award of survivors? benefits to a widow of an employee who dies because of a work related accident to the date when the widow would qualify for regular Social Security retirement benefits based on the employee?s earnings record...

Employer found not liable for an employee's tortious injuries to a guest who accompanied the employee since not in futherance of employer's business: MID-STATE PLASTICS, INC. V. EST. OF WILLIAM CLINTON BRYANT (SC 2/21/2008)

Posted on April 07, 2008
MID-STATE PLASTICS, INC. V. EST. OF WILLIAM CLINTON BRYANT TORTS: EMPLOYER LIABILITY 2006-SC-000425-DG.pdf PUBLISHED: REVERSING OPINION BY SCHRODER, CUNNINGHAM NOT SITTING; LAMBERT DISSENTS BY SEP. OP DATE RENDERED: 2/21/2008 In this case, the Kentucky Supreme Court addresses the sole issue of whether an employer is liable for an employee's tortious injuries to a guest who accompanied the employee on a business trip...

Real estate and partnership trust property not considered marital property under circumstances of this divorce: GRIPSHOVER V. GRIPSHOVER (SC 2/21/2008)

Posted on April 07, 2008
GRIPSHOVER V. CRIPSHOVER FAMILY LAW: Nonmarital Property, Estate Planning, Child Support, Section 179 Expense, Imputed Income 2005-SC-000729-DG.pdf PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING OPINION BY ABRAMSON; SCHRODER NOT SITTING DATE RENDERED: 3/19/2008 Husband and his brother owned a farming operation, realty totaling over 600 acres, and a promissory note for more than a million dollars...

Anonymous tip not sufficient corroborated under totality of circumstances: HENSON V. COM (SC 2/21/2008)

Posted on April 07, 2008
HENSON V. COM CRIMINAL: Anonymous Tips 2005-SC-000666-DG.pdf PUBLISHED: REVERSING AND REMANDING OPINION BY ABRAMSON; MINTON, SCHRODER NOT SITTING DATE RENDERED: 2/21/2008 On discretionary review, SC again reversed the CA and TC, holding that under the totality of the circumstances, the stop was not justified...

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