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April 29, 2016 Published Court of Appeals Decisions
Links are to full text of PDF published cases for this week.
360. Criminal Law. Shock probation granted too late
Commonwealth of Kentucky vs. Michael Todd Settles
Court of Appeals Published Opinion Vacating Jefferson Cir Ct. trial order granting shock probation more than 70 days after its filing per KRS 439.265(2)
364. Property. Foreclosure.
White/Reach Brannon Rd., LLC vs. Rite Aid of Kentucky, Inc.
Court of Appeals Published Opinion AFFIRMING Jessamine Cir Ct. partial summary judgment in favor of Rite Aid in foreclosure action and award of attorneys fees, expenses and court costs.
365. Possessory Lien relating to inspection and storages of airplane
Airrich, LLC vs. Fortener Aviation, Inc.
Court of Appeals Published Opinion AFFIRMING Ohio Cir. Ct. Judgement in bench trial
366. Workers Compensation.
Teresa Finke vs. Comair, Inc.
Court of Appeals Published Opinion AFFIRMING Workers Comp Board order that Finke did not have an unfettered right to have her father present during IME and the ALJ did not abuse discretion in determining Finke failed to present a “compelling reason” why Finke could not submit to an examination without her father present and upheld decision that Finke was not entitled to receive any benefits during period of her noncompliance.
370. Criminal Law. Search and Seizure.
Michael Marino vs. Commonwealth of Kentucky
Court of Appeals Published Opinion AFFIRMING Nelson Cir. Ct. ruling that he saliva in the Styrofoam cup was constitutionally obtained and the subsequent evidence obtained from Marino’s blood sample and the testing of it for DNA was not “fruit of the poisonous tree.”
371. Criminal Law. Sentencing.
Kendrick Hunt vs. Commonwealth of Kentucky
Court of Appeals Published Opinion AFFIRMING in part (courts and and jail fees) and REVERSING in part (restitution to Pennyrile Narcotics Task Force) Hickman Cir. Ct. sentence imposing fines.
375. Criminal Law. Jury instructions.
Ronnie Yaden vs. Commonwealth of Kentucky
Court of Appeals Published Opinion AFFIRMING Kenton Cir. Ct. judgment finding no error or abuse of discretion in jury instructions on wanton endangerment or the calling of a fact witness rather than an expert witness.
378. Family Law, Grandparent visitation, de facto custodian.
Amanda Chadwick vs. Emily Flora
Court of Appeals Published Opinion AFFIRMING finding that Grandmother is not de facto custodian or by finding Father should not be held in contempt for violating the visitation agreement’s terms and REVERSING in part and REMANDING Bourbon Cir Ct. termination of Grandmother’s petition for custody and visitation without determining whether Grandmother, as a non de facto custodian, can demonstrate Mother and Father are unfit custodians or whether Mother and Father waived their superior right to custodial status.
Selected Non-Published Decisions Dealing with tort, insurance and civil procedure:
361. Long Term Extended Care Claim. Statute of Limitations.
Estate of Linda Fox vs. Extendicare, Inc.
COA Not to Be Published Opinion AFFIRMING in part, REVERSING in part, and REMANDING Estill Cir Ct. dismissal