COA: May 20, 2016 Court of Appeals Decisions (Minutes)(418-430). 13 decisions; 3 published decisions

PUBLISHED: Damage in lease termination affirmed; Equal protection of the law violated when arson investigator was hired for vacant position at higher pay than two others; failure to name necessary party on appeal involving easement appurtenant; family court judge erred in contempt imprisonment for failure to pay child support (failure to set attainable purge amount); wrongful death claim dealing with sale of car to unlicensed and uinsured driver plus a little negligent entrustment thrown in the mix - dismissed. OTHER CASES: dismissal for lack of prosecution affirmed even tho without prejudice and refiling would be barred by statute of limitations.

Third Ballard County Courthouse. Located in Wickliffe, Kentucky. Construction started in 1900, completed in 1905 at a cost of $25,000. Design was similar to several courthouses built in Missouri by St. Louis architect Jerome Bibb Legg. Two story brick, Breaux-Arts styles of the period. Listed in National Register of Historic Places in 1980. Beaux-Arts architecture depended on sculptural decoration along conservative modern lines, employing French and Italian Baroque and Rococo formulas combined with an impressionistic finish and realism. Characteristics of this style included flat roof, risticated and raised first story, heirarch of raised spaces, arched windows, arched doors, symetry, staturary, to name a few. For more info on this style, then see https://en.wikipedia.org/wiki/Beaux-Arts_architecture.

Third Ballard County Courthouse. Located in Wickliffe, Kentucky. Construction started in 1900, completed in 1905 at a cost of $25,000. Design was similar to several courthouses built in Missouri by St. Louis architect Jerome Bibb Legg. Two story brick, Breaux-Arts styles of the period. Listed in National Register of Historic Places in 1980.

Beaux-Arts architecture depended on sculptural decoration along conservative modern lines, employing French and Italian Baroque and Rococo formulas combined with an impressionistic finish and realism. Characteristics of this style included flat roof, risticated and raised first story, heirarch of raised spaces, arched windows, arched doors, symetry, staturary, to name a few. For more info on this style, then see https://en.wikipedia.org/wiki/Beaux-Arts_architecture.

Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.

Click here for a listing of the Kentucky Court Report’s posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).

AOC version of this week’s decisions can be accessed by clicking here.

Published Court of Appeals Decisions
Links are to full text of PDF published cases for this week.

418.  Premises Liability.  School parking lot. Snow. Defense of Qualified Official Immunity Applied regarding clearing accumlated snow.
Kim Rasche v.  Dr. Sheldon H. Berman
Court of Appeals Published Opinion AFFIRMING.  Jefferson.
J. LAMBERT, JUDGE: Kimberly Rasche appeals from the Jefferson Circuit Court’s entry of summary judgment in favor of the Appellees. The Appellees are various employees of the Jefferson County Board of Education and district employees who were sued in their individual capacities. The trial court held that the Appellees were entitled to qualified immunity and entered summary judgment in their favor. Upon initial review, this Court affirmed the summary judgment entered by the trial court. Rasche sought discretionary review from the Supreme Court of Kentucky, which granted discretionary review, vacated this Court’s decision, and remanded for further consideration in light of Marson v. Thomason, 438 S.W.3d 292 (Ky. 2014). Upon consideration of Marson and supplemental briefing by the parties, we again affirm the summary judgment entered in favor of the various school employee defendants below.

423.  Workers Compensation.
Austin Powder Co. v. Billy Stacy
Court of Appeals Published Opinion AFFIRMING IN PART, REVERSING IN PART, AND REMANDING.  Workers Comp.J. LAMBERT, JUDGE: Billy Stacy and Austin Powder Company have both petitioned this Court for review of the decision of the Workers’ Compensation Board (the Board). The Board affirmed in part, vacated in part, and remanded the decision of the Administrative Law Judge (the ALJ) awarding Stacy permanent total disability benefits and medical benefits for cumulative trauma injuries to his wrists and lumbar spine as well as medical benefits for his work-related hearing loss. In his petition, Stacy contends that the Board erred in sua sponte reversing the ALJ’s decision for findings related to the date of manifestation of his cumulative trauma claims and for a determination of the percentage of his cumulative trauma that is related to his work for Austin Powder. In its petition, Austin Powder disputes the Board’s determinations that Dr. Hughes’s testimony was based upon substantial evidence of record; that the impairment rating assigned by Dr. Hughes was within the parameters of the AMA Guides, Fifth Edition; and that Stacy’s hearing loss claim entitled him to medical benefits. Having carefully reviewed the record, the parties’ respective arguments, and the applicable law, we affirm in part, reverse in part, and remand.


Selected Non-Published Decisions Dealing with tort, insurance and civil procedure:

409.  Dismissal for lack of prosecution affirmed.
Estate of Elizabeth Cooper v. Daniel Towner
COA Not to Be Published Opinion AFFIRMING.  Bullitt.
An agreed order to dismiss a party does not constitute pretrial activity or step such as discovery to avoid dismissal for lack of prosecution.   Potential barring of action following dismissal without prejudice has no bearing.

Download (MNT05132016.pdf, PDF, Unknown)

COA: May 13, 2016 Court of Appeals Decisions (Minutes)(400-417). 18 decisions; 6 published decisions

PUBLISHED: Damage in lease termination affirmed; Equal protection of the law violated when arson investigator was hired for vacant position at higher pay than two others; failure to name necessary party on appeal involving easement appurtenant; family court judge erred in contempt imprisonment for failure to pay child support (failure to set attainable purge amount); wrongful death claim dealing with sale of car to unlicensed and uinsured driver plus a little negligent entrustment thrown in the mix - dismissed. OTHER CASES: dismissal for lack of prosecution affirmed even tho without prejudice and refiling would be barred by statute of limitations.

Second Butler County Courthouse. Built in 1873 under the administration of Judge Thomas C. Carson. Two story Italianate design with a hexagonal cupola. Replaced in 1975 by the current colonial style courthouse.

Second Butler County Courthouse. Built in 1873 under the administration of Judge Thomas C. Carson. Two story Italianate design with a hexagonal cupola. Replaced in 1975 by the current colonial style courthouse. “[Italianate design] is distinctive by its pronounced exaggeration of many Italian Renaissance characteristics: emphatic eaves supported by corbels, low-pitched roofs barely discernible from the ground, or even flat roofs with a wide projection. A tower is often incorporated hinting at the Italian belvedere or even campanile tower.” Wikipedia.

Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.

Click here for a listing of the Kentucky Court Report’s posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).

AOC version of this week’s decisions can be accessed by clicking here.

Published Court of Appeals Decisions
Links are to full text of PDF published cases for this week.

400.  Damages. Termination of Sublease.
DKM Coal Corporation, Inc. v. Roy Crawford, III
Court of Appeals Published Opinion Affirming. Letcher.
COA affirmed partial summary judgment awarding Crawford and Odessa damages, including attorney’s fees and prejudgment interest, in the amount of $134,084.21.

404.  Employment.
Kentucky State Police v. Terry Scott
Court of Appeals Published Opinion Affirming.  Franklin.
COA affirmed judgement in favor or two KSP arson investigators who sued KSP for alleged violations of their right to equal protection of the law after discovering that another individual had been hired to fill a vacant position for arson investigator position at a higher rate of pay.

406.  Appeals.  Necessary Party.  Easements.
ICON-LEX Development, LLC v. REI Real Estate Services, LLC
Court of Appeals Published Opinion Dismissing.  Jefferson.
In case involving easements in gross and easements appurtenant differentiating upon whether the easement benefits a particular grantee or a particular piece of land in which the trial court found in favor of the appellees that the easement in question was an easement appurtenant, the COA dismissed the appeal for lack of jurisdiction for failure to name a necessary party on the appeal.

407.  Criminal Law.  Search and Seizure.
Ian J. Lydon v. Commonwealth of Kentucky 
Court of Appeals Published Opinion REVERSING AND REMANDING. Christian.
COA reversed search and seizuire of evidence observed and photographed  without a warrant, concluding that officers lacked any recognized exigent circumstance justifying their warrantless entry into Lydon’s home.

411. Failure to pay child support.
Henry Spencer v. Commonwealth of Kentucky 
Court of Appeals Published Opinion REVERSING and REMANDING.  Barren.
Reversed family court’s contempt finding that Spencer failed to pay child support when COA concluded the family court erred when it ordered a term of imprisonment but failed to set an attainable purge amount. Remanded for additional proceedings congruent with this Opinion.

413.  Torts. Wrongful Death.  Unlicensed driver.  Proof of insurance. Negligent Entrustment.
Sandra Burchett v.  Amanda Burchett
Court of Appeals Published Opinion Affirming.  Lawrence.
COA affirmed dismissal of wrongful death suit against an automotive dealer and his insurer.

Case involved a sale of an automobile to an unlicensed purchaser who did not have insurance when the collision occurred killed the decedent.

After considering and weighing the evidence, the jury determined that Perry delivered the automobile’s original title and an Application for a Kentucky Certificate of Title to Blair and Amanda on May 14, 2012. The jury also determined that Amanda did not have a drivers’ license. Based on the jury’s determination, the trial court ruled that title to the automobile transferred on the day of the sale and eliminated any issues relating to Perry’s alleged liability. The trial court dismissed Perry from the action on September 10, 2014, but held the action open until Blair’s liability was decided. Upon a joint motion of the parties to do so, the trial court entered a final order dismissing Perry from the action on January 6, 2015. This appeal followed.

Because the jury determined that Perry delivered the necessary title documents to Blair and Amanda on May 14, 2012, Blair and Amanda became the owners of the automobile on that day. Moreover, since Perry was no longer the owner, he was under no duty to prevent either Blair or Amanda from driving the automobile on the day of the accident. Finally, because Perry transferred the title documents to Blair and Amanda directly, and did not retain the certificate of title with the consent of the new owners to file it with the county clerk, he did not have to verify whether Blair or Amanda were insured.

“The common law theory of negligent entrustment is that one who entrusts his vehicle to another whom he knows to be inexperienced, careless, or reckless, or given to excessive use of intoxicating liquor while driving, is liable for the natural and probable consequences of the entrustment.” McGrew v. Stone, 998 S.W.2d 5, 9 (Ky. 1999) (emphasis added). Logically, one cannot maintain a negligent entrustment suit against the former owner of a vehicle who properly transferred ownership of the subject vehicle. See Graham v. Rogers, 277 S.W.3d 251 (Ky. App. 2008).


Selected Non-Published Decisions Dealing with tort, insurance and civil procedure:

409.  Dismissal for lack of prosecution affirmed.
Estate of Elizabeth Cooper v. Daniel Towner
COA Not to Be Published Opinion AFFIRMING.  Bullitt.
An agreed order to dismiss a party does not constitute pretrial activity or step such as discovery to avoid dismissal for lack of prosecution.   Potential barring of action following dismissal without prejudice has no bearing.

Download (MNT05132016.pdf, PDF, Unknown)

SC: 2016 Supreme Court Orders 1 through 3

No. 1 - SCR 5.030(d) Powers; No. 2 - Amendments to the Rules of Administrative Procedure AP Part XIII Procedures for Drug Court; No. 3 - Amendment to Administrative Procedures of the Court of Justice, Part XV, Domestic Violence

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2016 2016-03 Order Amending Amendment to Administrative Procedures of the Court of Justice, Part XV, Domestic Violence
2016 2016-02 Order Amending Amendments to the Rules of Administrative Procedure AP Part XIII Procedures for Drug Court
2016 2016-01 Order Amending SCR 5.030(d) Powers

SC: 2015 Supreme Court Orders 8 through 24

2015 2015-25 Order Amending Amendments to the Rules of Administrative Procedures AP Part IV. Master Commissioners of the Circuit Court
2015 2015-24 Order Amending Authorization for the Non-Financial Uniform Schedule of Bail Administrative Release Program
2015 2015-23 Order Amending Order Amending Rules of the Supreme Court
2015 2015-22 Order Amending Authorization for the Non-Financial Uniform Schedule of Bail Administrative Release Program
2015 2015-21 Order Amending Guidelines for the Temporary Assignment of Retired Judges Program
2015 2015-20 Order Amending Order Amending Rules of the Supreme Court
2015 2015-19 Order Amending Amendments to the Rules of Administrative Procedures of the Kentucky Court of Justice, AP Part III, Personnel Policies
2015 2015-18 Order Amending Amendment to Administrative Procedures of the Court of Justice, Part XVI, Circuit Court Clerks Conduct Commission
2015 2015-17 Order Amending Guidelines for the Temporary Assignment of Retired Judges Program
2015 2015-16 Order Amending Amendment to Administrative Procedures of the Court of Justice, Part XVII, Ignition Interlock
2015 2015-15 Order Amending Provisional Juvenile Court Rules of Procedures and Practice (JCRPP) and Amendments to Family Court Rules of Procedures and Practice, Part VIII, Status Offenders
2015 2015-14 Order Amending Guidelines for the Temporary Assignment of Retired Judges Program
2015 2015-13 Order Amending Amendment to Administrative Procedures of the Court of Justice, Part XVI, Ignition Interlock
2015 2015-12 Order Amending Amendment to Administrative Procedures of the Court of Justice, Part XVI, Ignition Interlock
2015 2015-11 Order Amending Kentucky Circuit Court Clerks’ Manual
2015 2015-10 Order Amending Amendment to Administrative Procedures of the Court of Justice, Part XV, Domestic Violence
2015 2015-09 Order Amending Emergency Order Amending Rules of the Supreme Court

COA: May 6, 2016 Court of Appeals Decisions (Minutes)(379-399). 21 decisions; 4 published decisions

PUBLISHED: Qualified official immunity applied in school supervision; Felony exclusion in auto policy and Alford plea; tortious interference with law business; Juvenile transfer to circuit court. OTHER CASES: Contractual limitation of action in UIM and Third party auto policy

LawrenceCH.Louisa

Second courthouse for Lawrence County. Located in Louisa. Built sometime in the 1870’s through the efforts of Judge J.J. Jordan to replace the old wooden structure built in 1823. Two-story Italianate style with an addition built later in 1922. Thanks to Courthousehistory.com for the use of this image.

Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.

Click here for a listing of the Kentucky Court Report’s posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).

AOC version of this week’s decisions can be accessed by clicking here.

May 6, 2016 Published Court of Appeals Decisions  
Links are to full text of PDF published cases for this week.

380.  Torts. Defenses. Qualified Official Immunity for principals on claim of unsupervised hallway at school
James Beward vs. Cody Whitaker
Court of Appeals Published Opinion REVERSING AND REMANDING – Bullitt
COA reversed and remanded circuit court’s interlocutory order and granting qualified official immunity to two former high school principals in claims student was injured in unsupervised hallway prior to to start of school day.

381.  Insurance. Automobile. Exclusion for felony. Alford Plea.
Jacob Eberle, Minor vs. Nationwide Mutual Insurance Company
Court of Appeals Published Opinion AFFIRMING – Jefferson
COA affirmed trial court order which determined Nationwide was not obligated to provide coverage  for injuries that minor sustained when policyholder shot him because the injuries were expressly excluded felony and Alford plea qualified.

384.  Criminal Law.  Juvenile transfer to circuit court.
Marico Perkins vs. Commonwealth of Kentucky 
Court of Appeals Published Opinion  AFFIRMING – Fayette
COA affirmed transfer of juvenile case to circuit court for prosecution.

393.  Torts.  Tortious interference with business. Abuse of process.
J. Fox Demoisey vs. Peter Ostermiller
Court of Appeals Published Opinion AFFIRMING IN PART, REVERSING IN PART, AND REMANDING – Jefferson

DeMoisey has appealed asserting that the circuit court erred in entering summary judgment on the tortious interference claims. Ostermiller filed a cross-appeal asserting that the circuit court should have dismissed the abuse of process claim with prejudice because it is time-barred. Upon careful review of the record and applicable legal authority, we AFFIRM in part as related to the tortious interference claims, REVERSE in part as related to the abuse of process claim, and REMAND to the circuit court with instructions to dismiss the abuse of process claim with prejudice.


Selected Non-Published Decisions Dealing with tort, insurance and civil procedure:

382.  Insurance.  UIM (contractual SOL applied to third party under policy).  
John L. Brown vs. Mitsui Sumitomo Ins. Co.
COA Not to Be Published Opinion AFFIRMING – Jefferson affirming partial summary judgement and judgment on pleadings and finality language used

394.  Torts.  Bankruptcy.  Judicial estoppel.  Untimely notice of appeal.
Wanda Wright-Starnes vs. Continental Realty Advisors, LTD
COA Not to Be Published Opinion  AFFIRMING – Jefferson

Download (MNT05062016.pdf, PDF, Unknown)

COA: MARCH 2016 Summaries of Published Decisions for Court of Appeals

Click here for the AOC’s archived summaries of monthly published decisions for the Court of Appeals.

Click here for the monthly summaries of published decisions tagged in the Kentucky Court Report’s posts.

This month’s summary of published decisions:

Download (March2016.pdf, PDF, Unknown)

SC: FEBRUARY 2016 Monthly Summaries of Published Opinions and Attorney Disciplinary Actions from Supreme Court of Ky

Links and summaries of this month's published decisions and attorney disciplinary orders from the Supreme Court of Kentucky which have been prepared by the Administrative Office of the Courts.

Click here for the AOC’s archived summaries of monthly published decisions for the Kentucky Supreme Court.

Click here for the monthly summaries of published decisions of the Kentucky Supreme Court tagged in the Kentucky Court Report’s posts.

This month’s summary of published decisions:

Download (February2016.pdf, PDF, Unknown)

SC: May 5, 2016 Supreme Court of Ky Decisions (Minutes 56-86)

Two published tort and insurance cases. One dealing with affirming the award of punitive damages in the Emergency Medical Treatment and Active Labor Act where hospital ER turned a homeless man away three times and on his last visit made it clear for him not to come back.  The other decision involved Allstate and the No Fault Act's notice of first renewal requirements were met.

Second Laurel County Courthouse.  Completed in 1885.  Louisville architects H.P. McDonald; built by John W. Mullins at cost of $16,350.  This courthouse was destroyed by fire on Dec. 9, 1958.

Second Laurel County Courthouse. Completed in 1885. Louisville architects H.P. McDonald; built by John W. Mullins at cost of $16,350. This courthouse was destroyed by fire on Dec. 9, 1958.

Here is a link to the indexed minutes for the Supreme Court of Kentucky at their official web site.

Here is link to the Kentucky Court Report’s archived minutes for the Supreme Court organized as monthly posts.

This month’s minutes of the published and not to be published decisions, disciplinary matters, discretionary reviews granted and denied, petitions for hearing requested and denied, and more, are as follows:

Published decisions–

56.   Punitive Damages.
Saint Joseph Healthcare, Inc. vs. Larry O’Neil Thomas
Supreme Court of Kentucky Published Opinion AFFIRMING COA
Questions Presented:  Punitive Damages. KRS 411.184. Issues include whether or not physicians whom the hospital alleges are independent contractors are considered as employees of the hospital for the purpose of assessing punitive damages under the provisions of the federal Emergency Medical Treatment and Active Labor Act (EMTALA), whether an award of punitive damages was so excessive as to constitute a denial of federal Constitutional due process, and the interplay between the EMTALA and KRS 411.184.

57.  Administrative Law.
Jerry Jamgotchian vs. Kentucky Horse Racing
Supreme Court of Kentucky Published Opinion AFFIRMING
Questions Presented: Administrative Law. Constitutional Law. The question presented is whether “claiming jail” regulation 810 KAR 1:015 § 1(6) is unconstitutional as violative of the “dormant” Commerce Clause of the United States Constitution.

58.  Retaliatory Discharge.
John Charalambakis vs. Asbury University
Supreme Court of Kentucky Published Opinion AFFIRMING
Questions Presented: Employment Law. Retaliatory Discharge. Issues include the propriety of recovery for retaliation absent an underlying violation of the Kentucky Civil Rights Act.

59.  Criminal Law.
Stephen Williams vs. Commonwealth of Kentucky
Supreme Court of Kentucky Published Opinion AFFIRMING
Questions Presented: Murder, first-degree burglary, and tampering with physical evidence-Life without the possibility of parole for 25 years. First-degree burglary conviction affirmed where the evidence showed the defendant remained unlawfully in the victim’s residence and, after the shooting, left with a shotgun. Unanimous verdict. Sufficient evidence of tampering with physical evidence. Commonwealth’s error in failing to give notice of a witness testifying at a co-defendant’s trial, in the admission of hearsay testimony and in failing to test for gun-shot residue did not warrant reversal of the case.

60.  Wills and Estates.
John Wesley Bays vs. Kristie D. Kiphart, Trustee
Supreme Court of Kentucky Published Opinion AFFIRMING
Questions Presented: Wills. Renunciation. Fraud on Curtesy Rights. May life insurance be “surplus property” under KRS 392.020?

61.  Criminal Law.  Death Penalty.
Karu Gene White vs. Commonwealth of Kentucky 
Supreme Court of Kentucky Published Opinion AFFIRMING IN PART, REVERSING IN PART AND REMANDING
Questions Presented:  Death Penalty. Post Conviction. Intellectual Disability Claim. Case remanded to the trial court to order the Kentucky Correctional Psychiatric Center (KCPC) to perform a psychological evaluation of Mr. White.

62.  Criminal Law. Burglary.
Curtis McGruder vs. Commonwealth of Kentucky
Supreme Court of Kentucky Published Opinion AFFIRMING IN PART, REVERSING IN PART, AND REMANDING
Questions Presented: First-degree burglary, Receiving Stolen Property in excess of $500 and PFO 2nd– 20 years. First-degree burglary conviction reversed where the defendant was found in possession of a small hatchet, not legally a deadly weapon.

63.  Family Law.  Child support. Disability. Deviation.
Michelle Carver (Butler) vs. Lance G. Carver
Supreme Court of Kentucky Published OpinionAFFIRMING IN PART, REVERSING IN PART, AND REMANDING
Questions Presented:  Artrip v. Noe, 311 S.W.3d 229 (Ky. 2010). Issues include: (1) whether the trial court committed reversible error by failing to follow Artrip, which holds that disability payments made to a child because of one parent’s disability cannot be used to reduce the child support obligation of the other parent; and (2) whether the trial court properly deviated from the child support guidelines due to the disabled father’s living expenses.

64.  Insurance.  Kentucky Motor Vehicle Reparations Act.  UM/UIM/PIP
Allstate Ins. Co. vs. Craig T. Smith
Supreme Court of Kentucky Published Opinion REVERSING
Questions Presented:  Insurance. MVRA. KRS 304.20-040(13) “Notice of First Renewal” Requirement. The question is whether, although the insured never requested or paid any premium for optional KRS 304.39-320 underinsured motorist coverage, the insurer adequately complied with the KRS 304.20-040(13) “notice of first renewal” requirement of “a notice stating in substance that added uninsured motorists, underinsured motorists, and personal injury protection coverages may be purchased by the insured.”

65.  Criminal Law. Ineffective Assistance of Counsel
Commonwealth of Kentucky vs. David McKee
Supreme Court of Kentucky Published Opinion REVERSING
Questions Presented: Criminal Law. RCr 11.42. Ineffective Assistance of Counsel. Issues include whether the defendant met his burden of proving prejudice under RCr 11.42 when he alleged that: (1) counsel failed to obtain evidence prior to trial; and (2) the evidence may have allowed the defense’s accident reconstructionist to provide a favorable opinion regarding the cause of the fatal accident.

66.  Criminal Law.  Criminal Syndicate.
Commonwealth of Kentucky vs. Caton Kamil Jones
Supreme Court of Kentucky Published Opinion REVERSING
Questions Presented:   Does evidence of organizing and funding “credit mules” to procure discounted cell phones for resale (with no intent to fulfill the two-year contracts) suffice to present a jury question of engaging in organized crime as proscribed by KRS 506.120?

67.  Family Law. Child support.  Income exceeding Guidelines.
Rebekah McCarty vs. Kenneth Faried
Supreme Court of Kentucky Published Opinion REVERSING
Questions Presented:  Whether the trial court properly included projected expenses in the child’s reasonable needs when establishing an initial child support order for a high income parent.

68. Criminal Law. Police Questioning of a Defendant Represented by Counsel on Other Charges.
Sherman Keysor vs.  Commonwealth of Kentucky 
Supreme Court of Kentucky Published Opinion REVERSING and REMANDING
Questions Presented:   Issues involve the impact of Montejo v. Louisiana, 556 U.S. 778 (2009) (overruling Michigan v. Jackson, 475 U.S. 625 (1986)) upon Kentucky cases dating back to Linehan v. Commonwealth, 878 S.W.2d 8 (Ky. 1994).

69. Kentucky Civil Rights Act. KRS 344.270. Election of Remedies.
Janet Owen vs. University of Kentucky
Supreme Court of Kentucky Published Opinion REVERSING AND REMANDING
Questions Presented: Election of Remedies. Whether an employee who receives an order of dismissal from the Kentucky Commission on Human Rights and does not appeal from that order may subsequently file a lawsuit in circuit court based on the same claim. KRS 344.270.

70.  Family Law.  Domestic Relations. Grandparent Visitation.
Larry Massie vs. Deborah Navy
Supreme Court of Kentucky Published Opinion REVERSING AND REMANDING
Questions Presented: Issues include the applicability of Walker v. Blair, 382 S.W.3d 862 (Ky. 2012) and the “modified best interests” standard when a child’s custodians are a paternal uncle and aunt.


Selected tort, insurance and procedural decisions designated not to be published.

85.  Appeals.  Supersedeas Bond’s Adequacy and Writ of Prohibition Barring Sale of Property.
Roger Stamper, Trustee, vs. Hon. Linda Rae Bramlage, Judge
Attorneys practice family law might find this case interesting as funds dissipated and hidden during trust were tracked down.

Download (MNT052016.pdf, PDF, Unknown)

 

 

 

 

COA: May 2016 Oral Argument Calendar for Court of Appeals

Dates for May: May 10 - Louisville; May 24 - Frankfort

Click here for a complete list of our posts for COA Arguments and here for those for SCOKY.

For a complete list of archived argument calendars at the Administrative Office of the Courts, then click here.

Some issues this month are:

  • Appeal from denial of challenge of property tax increase. The circuit court ruled that the petition did not meet the statutory requirements necessary to submit the issue for popular vote. May 10.

  • Appeal from order permitting condemnation and exercise of eminent domain by local water district over Appellant’s farm. Whether the water district negotiated in good faith, and therefore, whether condemnation was an available remedy; whether an agricultural conservation easement over the property prevented condemnation; whether the Prior Public Use Doctrine prohibits condemnation.  May 24.

Download (May2016.pdf, PDF, Unknown)