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Kentucky

Kentucky Cases Kentucky Cases

Published decisions of the Kentucky Supreme Court and Court of Appeal including arguement calendars, minutes, and court news.

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Multiple errors rejected, including claim to suppress under KRS 610.220 in criminal trial: SHEPHERD V. COM (SC 2/21/2008)

Posted on April 07, 2008
SHEPHERD V. COM CRIMINAL: Multiple errors rejected, including claim to suppress under KRS 610.220 2006-SC-000450-MR.pdf PUBLISHED: AFFIRMING OPINION BY ABRAMSON DATE RENDERED: 2/21/2008 SC affirmed Defendant's conviction and life sentence for murder, robbery, and tampering with physical evidence...


City police found to have jurisdiction to arrest: COM. V. BISHOP (SC 2/21/2008)

Posted on April 07, 2008
COM. V. BISHOP CRIMINAL: Police Jurisdiction 2006-SC-000123-DG.pdf PUBLISHED: REVESING, REINSTATING, AND REMANDING OPINION BY ABRAMSON; MINTON NOT SITTING DATE RENDERED: 2/21/2008 Reversing the CA and TC, SC held that lawful arrest was made by Manchester city police offer despite it being outside the city, and reinstated the indictments against the Defendants...


RCr 11.42 and counsel found to have ineffectively assisted in murder trial: BROWN V. COM (SC 2/21/2008)

Posted on April 07, 2008
BROWN V. COM CRIMINAL: RCr 11.42 2005-SC-000967-DG.pdf PUBLISHED: AFFIRMING OPINION BY SCOTT DATE RENDERED: 2/21/2008 SC affirmed CA reversal of Circuit Court order finding Brown's counsel provided ineffective assistance of counsel during her murder trial...


Trial judge's coercion of jury to reach criminal verdict: BELL v. COM. (SC 2/21/2008)

Posted on April 07, 2008
BELL V. COM. CRIMINAL: Trial Court Coercion 2005-SC-000963-MR.pdf PUBLISHED: REVERSING MEMORANDUM OPINION DATE RENDERED: 2/21/2008 SC reversed Bell's convictions for five counts of sexual abuse in the first-degree and one count of sodomy in the first-degree due to coercion by the trial court (TC)...


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Vehicle enforcement officers authority to investigate and arrest includes beyond vehicle safety regulations: MEGHOO V. COM. (SC 2/21/2008)

Posted on April 07, 2008
MEGHOO V. COM. CRIMINAL: Search & Seizure; Vehicle Enforcement Officers 2004-SC-001042-DG.pdf PUBLISHED: AFFIRMING (LAMBERT, CJ; W/MINTON, SCHRODER NOT SITTING) DATE RENDERED: 2/21/2008 SC granted discretionary review to resolve questions as to the permissible scope of safety inspections by vehicle enforcement officers, and the authority of those officers to investigate and arrest for offenses that are not within the immediate scope of motor vehicle carrier safety statutes and regulations...


Minutes for Kentucky Court of Appeals for April 4, 2008 (COA)(2008:17)

Posted on April 06, 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. 25 rendered decisions - Numbered 411-435 1 published - 416 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 March 28, 2008 (COA)(2008:16)

Posted on April 01, 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. 22 rendered decisions - Numbered 389-410 9 published 389; 391; 393; 398; 399; 400; 401; 407; 408 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...


ARGUMENT CALENDAR: COAKY Args Posted for April 2008

Posted on April 01, 2008
The Court of Appeals argument calendar for the month of April 2008 with cases names, counsel, issues, location, dates, and times is available by clicking here (located at AOC web site). Today in the Jefferson Judicial Center (April 1) are the following...


Feb. 15, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:08)(C0A)

Posted on March 23, 2008
Feb. 15, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:08) 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] 47 rendered decisions Nos...


TTD benefits issue was properly preserved and final and appealable by claimant: UNITED PARCEL SERVICE, INC. V. PETERSON (COA 2/15/2008)

Posted on March 23, 2008
UNITED PARCEL SERVICE, INC. V. PETERSON WORKERS COMP: TTD benefits issue was properly preserved and final and appealable 2007-CA-001479 PUBLISHED: AFFIRMING PANEL: THOMPSON, PRESIDING; NICKELL, VANMETER CONCUR COUNTY: WCB DATE RENDERED: 2/15/2008 The employer, United Parcel Service, Inc...


Cash advance system for real estate commissions affirmed: KENTUCKY REAL ESTATE COMMISSION V. HILLIARD FINANCIAL, LLC (COA 2/15/2008)

Posted on March 23, 2008
KENTUCKY REAL ESTATE COMMISSION V. HILLIARD FINANCIAL, LLC BUSINESS: REAL ESTATE COMMISSIONS AND ASSIGNMENTS 2007-CA-000861 PUBLISHED: AFFIRMING PANEL: LAMBERT PRESIDING; VANMETER, KNOPF CONCUR COUNTY: JEFFERSON DATE RENDERED: 2/15/2008 COA affirmed a declaratory judgment holding that the cash-advance business of Hillard Financial (d/b/a Commission Express) and Commission Express National, Inc...


Status of brokerage account on death - tenancy in common vs. joint account with right of survivorship and prenup: ESTATE OF CHARLES SPENCER V. SPENCER (COA 2/15/2008)

Posted on March 23, 2008
ESTATE OF CHARLES SPENCER V. SPENCER ESTATES: Status of brokerage account on death - tenancy in common vs. joint account with right of survivorship and prenup 2007-CA-000277 PUBLISHED: REVERSING AND REMANDING PANEL: THOMPSON PRESIDING; NICKELL, VANMETER CONCUR COUNTY: MCCRACKEN DATE RENDERED: 2/15/2008 Despite having signed a prenuptial agreement, the husband retitled his brokerage account in his and his wife's name after they married...


COA affirmed family court's award of attorney and expert fees, but vacates part of award re ownership interest in business and debt forgiveness as non-marital property: ALISON V. ALISON (COA 2/15/2008)

Posted on March 23, 2008
ALLISON V. ALLISON FAMILY LAW: MARITAL/NONMARITAL CHARACTERIZATION OR PROPERTY AND DEBTS; ATTORNEY FEES 2006-CA-001967 PUBLISHED: AFFIRMING IN PART AND VACATING IN PART AND REMANDING PANEL: BUCKINGHAM PRESIDING; THOMPSON, HENRY CONCUR COUNTY: FAYETTE DATE RENDERED: 2/15/2008 Ex-Husband appealed from TC?s orders relating to marital/nonmarital nature of his family's business, the marital/nonmarital nature of a $66,714 debt allegedly owed by Ex-Wife to her mother, and the award of attorney and expert witness fees...


COA affirms pro se defendant's conviction of stalking prosecutor

Posted on March 23, 2008
WINSTON JOHNSON V. COM. CRIMINAL: Stalking First Degree 2006-CA-001264 PUBLISHED: AFFIRMING IN PART AND VACATING AND REMANDING IN PART PANEL: THOMPSON PRESIDING; NICKELL AND STUMBO CONCUR COUNTY: MONROE DATE RENDERED: 2/15/2008 CA affirmed in part and reversed in part Defendant's convictions and sentence for 4 counts of stalking the local county attorney...


COA rejects ineffective assistance of counsel claim re claim of involuntary plea: VAUGHN V. COM. (COA 2/15/2008)

Posted on March 23, 2008
ROBERT VAUGHN V. COM. CRIMINAL: Ineffective Assistance of Counsel 2006-CA-000901 PUBLISHED: AFFIRMING PANEL: ACREE PRESIDING; COMBS, TAYLOR CONCUR COUNTY: JEFFERSON DATE RENDERED: 2/15/2008 CA affirmed Circuit Court's denial of pro se Defendant's RCr 11...


6th Cir. Decisions for Week of Mar. 17-21, 2008 (2 Pub. Ky decisions; 3 NPO)

Posted on March 23, 2008
6th Cir. Decisions for Week of Mar. 17-21, 2008 (2 Pub. Ky decisions; 3 NPO); civil cases briefly digested; all published and nonpublished decisions for week listed with links to full text of decisions at official web site of US COA for Sixth Circuit.


Feb. 8, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:07)

Posted on March 22, 2008
Feb. 8, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:07) 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] 30 rendered decisions Nos...


CRIMINAL: Reasonable suspicion of criminal activity found under totality of circumstances: STONE V. COM. (COA 2/8/2008)

Posted on March 22, 2008
STONE V. COM. CRIMINAL: Reasonable suspicion of criminal activity found under totality of circumstances 2006-CA-002569 PUBLISHED: REVERSING AND REMANDING PANEL: TAYLOR PRESIDING JUDGE; COMBS, NICKELL CONCUR COUNTY: JEFFERSON DATE RENDERED: 2/08/2008 CA held TC erred by denying Stone's motion to suppress evidence gathered as a result of his seizure...


Workers Comp - No offset for certain employer funded disability pension payments per KRS 342.730(6): ALCAN ALUMINUM CORP. V. STONE (COA 2/8/2008)

Posted on March 22, 2008
ALCAN ALUMINUM CORP. V. STONE WORKERS COMP: No offset for certain employer funded disability pension payments per KRS 342.730(6) 2007-CA-001677 PUBLISHED: AFFIRMING PANEL: VANMETER PRESIDING JUDGE; NICKELL AND THOMPSON CONCUR COUNTY: WCB DATE RENDERED: 2/08/2008 Stone was totally occupationally disabled due to a cervical injury sustained while working for Alcan...


Property: Mechanics lien does not include services provided by contractor (mowing, etc): STEEPLECHASE SUBDIVISION HOMEOWNERS ASSOCIATION V. THOMAS (COA 2/8/2008)

Posted on March 22, 2008
STEEPLECHASE SUBDIVISION HOMEOWNERS ASSOCIATION V. THOMAS PROPERTY: Mechanics lien does not include services provided by contractor (mowing, etc). 2006-CA-002146 PUBLISHED: REVERSING PANEL: THOMPSON PRESIDING JUDGE; BUCKINGHAM, HENRY CONCUR COUNTY: BOONE DATE RENDERED: 2/08/2008 Steeplechase Subdivision Homeowners Association, Inc...


Minutes for Kentucky Court of Appeals for March 21, 2008 (COA)(2008:15)

Posted on March 21, 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. 42 rendered decisions - Numbered 346-388 5 published 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 Mar 20, 2008 (2008:14)

Posted on March 21, 2008
Click here for minutes at AOC with links to full text of each decision Click here for blog posting of minutes with highlights 21 rendered decisions: 50-70 9 published (50-58) 7 disciplinary matters (4 published) 5 of 44 cases granted discretionary review - 11...


LAWWIRE: Feb. 1, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:06)(coa)

Posted on March 19, 2008
Feb. 1, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:06) 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] 39 rendered decisions Nos...


Illegal police entry does not render evidence of subsequent assault: COM. V. NELSON (COA 2/1/2008)

Posted on March 19, 2008
COM. V. JOHNSON CRIMINAL: Illegal police entry does not render evidence of subsequent assault inadmissible 2006-CA-002200 PUBLISHED: REVERSING AND REMANDING PANEL: THOMPSON PRESIDING; BUCKINGHAM, HENRY CONCUR COUNTY: LEE DATE: 02/01/2008 CA ruled an illegal entry into a residence by a police officer does not render evidence of a subsequent assault against the officer inadmissible under the exclusionary rule...


New rule applied in retirement disability cases with opinion of a treating physician to be given greater weight than that of a government physician: CLAXON V. KENTUCKY RETIREMENT SYSTEMS (COA 2/1/2008)

Posted on March 19, 2008
CLAXON V. KENTUCKY RETIREMENT SYSTEMS EMPLOYMENT: STATE RETIREMENTS BENEFITS: SUFFICIENCY OF MEDICAL EVIDENCE 2006-CA-002037 PUBLISHED: REVERSING AND REMANDING PANEL: HENRY PRESIDING; KELLER, TAYLOR CONCUR COUNTY: FRANKLIN DATE: 02/01/2008 Claxon appeals TC's denial of her motion to alter, amend or vacate its prior Order affirming the decision of the Kentucky Retirement Systems to deny her disability retirement benefits...


Income On NonMarital Property, Increase In Value Of Nonmarital Property, Maintenance: JONES v. JONES (COA 2/1/2008)

Posted on March 19, 2008
JONES V. JONES FAMILY LAW: Income On NonMarital Property, Increase In Value Of Nonmarital Property, Maintenance 2006-CA-001870 PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING PANEL: TAYLOR PRESIDING; LAMBERT, WINE CONCUR COUNTY: HENRY DATE: 02/01/2008 Ex-Husband appealed TC?s orders classifying his Tobacco Transition Payment Program (TTPP) payments and a portion of the increase in value of his life estate as marital and awarding maintenance and attorney?s fees to Ex-Wife in divorce proceeding...


Circuit court has inherent jurisdiction to partition real estate and estoppel applied to objections: HISLE V. LEXINGTON-FAYETTE URBAN COUNTY GOV'T (COA 2/1/2008)

Posted on March 19, 2008
HISLE V. LEXINGTON-FAYETTE URBAN COUNTY GOV'T PROPERTY: Real estate partition and circuit court jurisdiction 2006-CA-001733 PUBLISHED: AFFIRMING PANEL: BUCKINGHAM, PJ; THOMPSON, HENRY CONCUR COUNTY: FAYETTE DATE: 02/01/2008 Edwin A. Hisle and Olive Sue Hisle Cook appealed from an Opinion and Order of the Fayette Circuit Court that denied their motion for relief brought pursuant to Kentucky Rules of Civil Procedure (CR) 60 ...


PSC order establishing economic development riders not authorized per statute: COM. V. THE PUBLIC SERVICE COMMISSION OF KY (COA 2/1/2008)

Posted on March 19, 2008
COM. V. THE PUBLIC SERVICE COMMISSION OF KY ADMINISTRATIVE LAW: Jurisdiction, utility regulation 2006-CA-001652 PUBLISHED: REVERSING AND REMANDING PANEL: NICKELL, PJ; COMBS, WINE CONCUR COUNTY: FRANKLIN DATE: 02/01/2008 This appeal started with the state filing an action to vacate or set aside orders by the Public Service Commission (PSC) that authorized establishment of economic development riders to electric utility's general tariff...


Minutes for Kentucky Court of Appeals for March 14, 2008 (COA)(2008:13)

Posted on March 16, 2008
UPDATED; AOC has updated the links in the minutes. SDS or "same day service" folks. Thanks!! NOTE: Some of the links in the Minutes for this week are 'bad' in that there is an extraneous "%20" just before the ".pdf" in the URL or link to the decision...


Minutes for Kentucky Court of Appeals for March 7, 2008 (COA)(2008:12)

Posted on March 08, 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. 37 rendered decisions - Numbered 280-316 4 published 287 Kentucky School Board Assoc. v. Veronica Jewell Link in minutes to this case is bad - try this one instead: http://opinions...


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