The Court of Appeals posted 33 decisions on Jan. 20, 2017, numbered 70-102 with 6 decisions designated for publication.
Published Decisions (with topic and county indicated) for Jan. 20, 2017
86. Pro se Appeal. Summary Judgment Dismissing EmploymentyDiscrimination Claim.
Tucker v. Bluegrass Regional Mental Health Mental Health Retardation Board
Affirming Fayette Cir. Ct.
87. Domestic Relations. Custody and Child Support of Biological Child with regard to non-parent.
Jones v. Jones
Reversing and Remanding (Rowan)
93. Legal Complaint against Criminal Defense Attorney with DPA and issues of immunity
Jacobi v. Holbert
94. DUI Conviction. Motion to Suppress.
O’Daniel v. Commonwealth of Kentucky
95. State Government Retirement Disability Benefits.
Bartrum v. Kentucky Retirement Systems
97. Divorce. Appropriate Venue for Child’s Schooling.
Keaton v. Keith
Vacating and Remanding (Meade)
Selected not to be published decisions – torts, insurance and civil:
70. Medical negligence. Abuse of discretion by judge in limiting expert testimony for plaintiff.
Ries v. Dr. Richard C. Oliphant
COA Not to Be Published Opinion Reversing and remanding (Jefferson)
82. Trial. Claims of attorney misconduct in referencing to admissible evidence etc.
Hughes v. Martin and GEICO Ins. Co.
COA Not to Be Published Opinion Affirming (Kenton)
90. Qualified official immunity on claim for child’s death during physical fitness class at school
Richardson v. Queen
COA Not to Be Published Opinion Affirming (Jessamine)
91. Legal services contract.
Wobbles v. Preferred Automotive Sales, Inc.
COA Not to Be Published Opinion Affirming in part, vacating in part and remanding (Fayette)
All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority. See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)
You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision. Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.
For links to all our posts on the minutes of the Court of Appeals, then click here.
For the index to archived minutes at the official AOC page, then click here.