COA: February 9, 2018 Court of Appeals Decisions (Minutes)

Nos. 97-110: 14 Decisions Posted with 3 decisions designated for publication

PUBLISHED DECISIONS:

98.  Administrative Due Process.  KSP.
Wasson v. Kentucky State Police
Affirmed circuit court order that state police commissioner’s decision to transfer trooper from injured status to limited duty pursuant to KRS1 16.165(2) rejecting trooper’s assertion the decision was arbitrary, unsupported by substantial evidence,

 99.  Marital separation agreement and wills to transfer property.
Lewis v. Estate of Richard D. Lewis
Marital separation agreement provision on transfer of marital home and as part of divorce not enforced when husband failed to comply with provision to be included in his will.

106.  Commonwealth of Kentucky.  Expungements and multiple convictions.

Commonwealth of Kentucky v. Ford
Reversed order granting defendant’s motion to expunge his felony convictions. The Commonwealth argues that the expungement was erroneously granted because Ford’s convictions arose from multiple incidents, whereas the expungement statute, Kentucky Revised Statutes (KRS) 431.073, only permits expungements of convictions arising from a single incident.

******************

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 (if not already marked on first page of decision after publication), amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.   Click Court of Appeals Minutes for entire listing of weekly minutes.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)

MNT02092018