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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

ARGUMENT CALENDAR: COA for March 2008

Posted on March 02, 2008
For the entire argument calandare for the Kentucky Court of Appeals for the month of MARCH 2008, CLICK HERE. COAKY ARGUMENT CALENDAR MARCH 2008 COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY DATE: Monday, March 03, 2008 1:00 PM JUDGES COMBS DIXON KNOPF LEILANI CHRISTY CAREY VS DONALD JAYNES ET AL...

Minutes for Kentucky Court of Appeals for Feb. 29, 2008 (COA)(2008:11)

Posted on March 02, 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. 27 rendered decisions - Numbered 253-279 3 published - 254; 269; 274 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...

LAWWIRE: JAN. 25, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:05)

Posted on February 25, 2008
JAN. 25, 2008 - KENTUCKY COURT OF APPEALS DECISIONS (2008:05) 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Argument Calendars SCOKY Argument Calendars Published decisions are digested below with links to full text, but the "not to be published" can be found in the minutes (by name, court, judges, decision, number, county, and LINK to full text) MINUTES from AOC for this week saved at our site and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] 21 rendered decisions Nos...

Collection of judgement from medical practice: MICKLER V. MICKLER (COA 1/25/2008)

Posted on February 25, 2008
MICKLER V. MICKLER FAMILY LAW: COLLECTION OF JUDGMENT FROM MEDICAL PRACTICE 2006-CA-001313 PUBLISHED: AFFIRMING PANEL: ACREE PRESIDING; CLAYTON, WINE CONCUR COUNTY: JEFFERSON DATE RENDERED: 1/25/2008 Husband appealed an order denying his challenge to a garnishment served by his former Wife on several insurance providers who owed money to Husband?s medical practice...

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Affirmative waivers required for juvenile transfer hearings: LAKE V. COM. (COA 1/25/2008)

Posted on February 25, 2008
LAKE V. COM. CRIMINAL: Waiver of transfer hearings for juveniles and affirmative waivers 2007-CA-000172 PUBLISHED: VACATING AND REMANDING PANEL: ACREE PRESIDING; NICKELL AND GUIDUGLI CONCUR COUNTY: KNOX DATE RENDERED: 1/25/2008 David Lake appeals from an order of the Knox Circuit Court denying his request for RCr 11...

Criminal forfeitures in cockfighting bust: FALL V. COM. (COA 1/25/08)

Posted on February 25, 2008
FALL V. COM. CRIMINAL: FORFEITURES 2007-CA-000885 PUBLISHED: AFFIRMING PANEL: WINE PRESIDING; KELLER, THOMPSON CONCUR COUNTY: MONTGOMERY DATE RENDERED: 1/25/2008 CA affirmed TC's order forfeiting money seized from cockfighting bust. Because the 27 appellants failed to establish that they were innocent owners of the $171,000...

Annexation and restrictive covenants: JEWELL V. CITY OF BARDSTOWN, KY (COA 1/25/08)

Posted on February 25, 2008
JEWELL V. CITY OF BARDSTOWN, KY ANNEXATION: RESTRICTIVE COVENANT AND ESTOPPEL 2007-CA-000422 PUBLISHED: AFFIRMING PANEL: LAMBERT PRESIDING; VANMETER, KNOPF CONCUR COUNTY: NELSON DATE RENDERED: 1/25/2008 The City of Bardstown (the ?City?) began annexation proceedings on some unincorporated property...

Supreme Court Arguments for March 12, 13 & 14, 2008

Posted on February 24, 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. WEDNESDAY, MARCH 12, 2008 9:00 a.m. WORKFORCE DEVELOPMENT CABINET V GAINES (2005-SC-965-DG) "Kentucky Whistleblower Act...

Discretionary Review Grants by SCOKY - Jan. 16, 2008

Posted on February 24, 2008
Brownlee and USA v. Ky. Unemployment Ins. Commission 2007-SC-000126-DG, Hardin 2005CA002255 - http://opinions.kycourts.net/coa/2005-CA-002255.pdf COA affirmed trial court's award of unemployment benefits for good cause which the Army challenged since DOD employees retiring early and receiving voluntary separation incentives...

Minutes for Kentucky Court of Appeals for Feb. 22, 2008 (2008:10)

Posted on February 23, 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. 35 rendered decisions - Numbered 218-252 5 published - 218; 227; 231; 235; 250 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 Feb. 21, 2008 (2008:09)

Posted on February 23, 2008
Click here for minutes at AOC with links to full text of each decision Click here for blog posting of minutes with highlights 26 rendered decisions: 24-49 10 published (24-33) 10 disciplinary matters (5 published) 7 of 43 cases granted discretionary review - 16...

State's duty regarding the maintenance of public roads: KY TRANSPORTATION CABINET V. AMANDA GUFFEY, ADM'X OF ESTATE OF JEREMIAH GUFFEY (SC 1/24/2008)

Posted on February 20, 2008
KY TRANSPORTATION CABINET V. AMANDA GUFFEY, ADM'X OF ESTATE OF JEREMIAH GUFFEY TORTS: DUTY TO MAINTAIN PUBLIC ROADWAYS 2006-SC-000436-DG.pdf PUBLISHED: AFFIRMING IN PART, REVERSING IN PART, AND REMANDING OPINION BY CUNNINGHAM DATE RENDERED: 01/24/2008 KY Transportation Cabinet, Dept...

Pizza delivery, franchising, vicarious liability, and malicious prosecution: PAPA JOHN'S INTERNATIONAL V. MCCOY (SC 1/24/2008)

Posted on February 20, 2008
PAPA JOHN'S INTERNATIONAL V. MCCOY TORTS: MALICIOUS PROSECUTION; DEFAMATION; FRANCHISING; VICARIOUS LIABILITY 2005-SC-000614-DG.pdf PUBLISHED: REVERSING OPINION BY MINTON; SCOTT CONCURS IN PART, DISSENTS IN PART BY SEP. OPINION; LAMBERT DISSENTS BY SEP...

"Initial permission" rule adopted for omnibus liability auto coverage: MITCHELL V. ALLSTATE INS. CO. (SC 1/24/2008)

Posted on February 20, 2008
MITCHELL V. ALLSTATE INS. CO. TORTS: INITIAL PERMISSION RULE AND PERMISSIVE USE UNDER OMNIBUS LIABILITY AUTO POLICY 2005-SC-000571-DG.pdf PUBLISHED: REVERSING AND REMANDING OPINION BY SCOTT; MINTON CONCURS IN RESULT ONLY BY SEP. OP. WITH ABRAMSON JOINING DATE RENDERED: 01/24/2008 Two issues were up on appeal...

Juvenile jurisdiction and age 18: COM. V. S.K. (SC 1/24/2008)

Posted on February 20, 2008
COM. V. S.K. CRIMINAL: JUVENILE JURISDICTION AND TURNING 18 2006-SC-000449-DG.pdf PUBLISHED: REVERSING AND REMANDING OPINION BY SCHRODER; ABRAMSON CONCURS IN PART AND DISSENTS IN PART BY SEP OPINION IN WHICH MINTON AND NOBLE JOIN DATE RENDERED: 01/24/2008 SC reversed CA and ruled the juvenile session of the district court retains jurisdiction over a person (accused of committing a public offense before he turned eighteen years of age) after that person turns eighteen in order to conduct adjudication and disposition hearings, and to order and enforce orders of restitution...

Passenger and traffic stop search: OWENS V. COM. (SC 1/24/2008)

Posted on February 20, 2008
OWENS V. COM. CRIMINAL: SEARCH AND SEIZURE (TRAFFIC STOP AND INVESTIGATORY SEARCH ON PASSENGER) 2006-SC-000037-MR.pdf PUBLISHED: AFFIRMING OPINION BY: MINTON (NOBLE, SCHRODER CONCUR) DATE RENDERED: 01/24/2008 TC properly denied the automobile passenger's motion to suppress evidence of contraband seized from him during traffic stop...

Government erred in not producing statements to defense: GRANT V. COM. (SC 1/24/2008)

Posted on February 20, 2008
GRANT V. COM. CRIMINAL: GOVERNMENT DUTY TO PRODUCE EVIDENCE 2005-SC-000853-MR.pdf PUBLISHED: VACATING AND REMANDING OPINION: BY LAMBERT DATE RENDERED: 01/24/2008 SC reversed and remanded Defendant's convictions for manufacturing methamphetamine while in possession of a firearm and possession of a controlled substance (methamphetamine) while in possession of a firearm...

Defendant should have been given directed verdict: HATFIELD V. COM. (SC 1/24/2008)

Posted on February 20, 2008
HATFIELD V. COM. CRIMINAL: DIRECTED VERDICT 2006-SC-000333-MR.pdf PUBLISHED: AFFIRMING IN PART, REVERSING IN PART OPINION BY SCOTT DATE RENDERED: 01/24/2008 SC affirmed Defendant's convictions for attempted murder and intimidating a witness. However, Defendant's conviction for kidnapping was reversed and the matter remanded back to the Clay Circuit Court for resentencing...

Immigration consequences collateral to Sixth Amendment: COM. V. PADILLA (SC 1/24/2008)

Posted on February 20, 2008
COM. V. PADILLA CRIMINAL: IMMIGRATION ISSUES ARE COLLATERAL TO SIXTH AMENDMENT 2006-SC-000321-DG.pdf PUBLISHED: REVERSING OPINION BY LAMBERT; CUNNINGHAM DISSENTS BY SEP OPINION IN WHICH SCHRODER JOINS DATE RENDERED: 01/24/2008 SC reversed the CA and reinstated the final judgment of the Hardin Circuit Court denying Padila's RCr 11...

Immigration consequences collateral to Sixth Amendment: COM. V. PADILLA (SC 1/24/2008)

Prior knowledge by cops corroborated anonymous tip: COM. V. MORGAN (SC 1/24/2008)

Posted on February 20, 2008
COM. V. MORGAN CRIMINAL: SEARCH AND SEIZURE (INVESTIGATORY STOP, VEHICLE) 2005-SC-000702-DG.pdf PUBLISHED: REVERSING OPINION BY ABRAMSON; NOBLE CONCURS BUT WOULD STRESS THAT MERELY LEAVING ONE'S HOME AFTER A POLICE CAR DRIVES BY WOULD NEVER STANDING ALONE CONSTITUTE A REASONABLE SUSPENSION TO MAKE AN INVESTIGATORY STOP DATE RENDERED: 01/24/2008 SC reversed the CA and reinstated Morgan's conviction for drug offenses...

LAWWIRE: JAN. 24, 2008 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2008:04)

Posted on February 20, 2008
JAN. 24, 2008 SUPREME COURT OF KENTUCKY DECISIONS (Vol. 2008:04) HTML Version of the LawWire - PUBLISHED and NonPUBLISHED decisions. PDF Version. MINUTES from AOC for this week (from AOC Web Site) Decisions no. 1-23 23 decisions rendered with 14 published; 4 Disciplinary cases; 5 of 24 discretionary reviews granted (or 20...

Reopening workers comp case and impact on medicals and disability award implications: BARTEE V. UNIVERSITY MEDICAL CENTER (SC 1/24/2008)

Posted on February 20, 2008
BARTEE V. UNIVERSITY MEDICAL CENTER WORKERS COMP: REOPENING 2007-SC-000094-WC.pdf PUBLISHED: AFFIRMING OPINION OF THE COURT DATE RENDERED: 01/24/2008 The Supreme Court affirmed a finding that the Claimant?s entitlement to temporary total disability cannot be granted prior to a motion to reopen having been filed by the Plaintiff...

Employer is presumed to know specific state and federal statutes and regulations concerning workplace safety: CHANEY V. DAGS BRANCH COAL CO. (SC 1/24/2008)

Posted on February 20, 2008
CHANEY V. DAGS BRANCH COAL CO. WORKERS COMP: SAFETY VIOLATION 2007-SC-000093-WC.pdf PUBLISHED: REVERSING AND REMANDING OPINION OF THE COURT DATE RENDERED: 01/24/2008 The workers? compensation law provides a 30% increase in compensation if an accident is caused by an employer?s intentional failure to comply with a specific safety regulation...

Improper hearsay results in reversal of conviction: MONROE V. COM. (SC 1/24/2008)

Posted on February 19, 2008
MONROE V. COM. CRIMINAL: IMPROPER HEARSAY RESULTS IN REVERSAL 2005-SC-000312-MR.pdf PUBLISHED: REVERSING OPINION BY NOBLE; SCOTT CONCURS IN PART AND DISSENTS IN PART BY SEP. OPINION IN WHICH MINTON JOINS DATE RENDERED: 01/24/2008 In this high profile Jefferson County case, the SC reversed Defendant's conviction for murder due to the introduction of improper hearsay testimony...

Post conviction witness travel expenses for defendant: HODGE V. HON. EDDY COLEMAN (SC 1/24/2008)

Posted on February 19, 2008
HODGE V. HON. EDDY COLEMAN CRIMINAL: POST CONVICTION TRAVEL EXPENSES FOR WITNESSES 2007-SC-000073-OA.pdf PUBLISHED: 1224 DATE RENDERED: 1/24/2008 This case required SC to determine if indigent post-conviction petitioners are entitled to public funds for the travel expenses of their out-of-county witnesses in cases in which a court has determined that an evidentiary hearing is necessary to resolve the post-conviction motion...

Timeliness of appeal and CR 54.02: WATSON V. BEST FINANCIAL SERVICES, INC. (SC 1/24/2008)

Posted on February 19, 2008
WATSON V. BEST FINANCIAL SERVICES, INC. APPEALS: CR 54.02 (NOT ALL CLAIMS) 2006-SC-000393-DG.pdf PUBLISHED: AFFIRMING OPINION BY: MINTON (SCHRODER NOT SITTING; ABRAMSON CONCURS IN RESULT ONLY) DATE RENDERED: 01/24/2008 Watson sued BEST FINANCIAL (BF), and after some litigation, the trial court entered a partial summary judgment in favor of BF...

Discretionary Review Grants by SCOKY for Dec. 2007

Posted on February 17, 2008
Ten motions for discretionary review were granted in December. Greg Beaver v. Kevin Oakley. 2005CA001471. http://162.114.92.72/COA/2005-CA-001471.pdf COA held trial court erroneously granted summary judgment in favor of employer finding he was not entitled to the up the ladder defense under the exclusive remedy provisions under KRS 342...

6th Cir. Decisions for Week of Feb. 11, 2008 (No Ky. Decisions)

Posted on February 17, 2008
6th Cir. Decisions for Week of Feb. 11, 2008 (No Ky. Decisions)

6th Cir. Decisions for Week of Feb. 4, 2008 (1 Ky. Decision)

Posted on February 17, 2008
6th Cir. Decisions for Week of Feb. 4, 2008 (1 Ky. Decision)

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