COA: September 1, 2017 Court of Appeals Decisions (Minutes)

Nos. 735-757: 23 Decisions Posted with 3 decisions designated 'to be published' with links to full text of each decision


740.  Reversed and remanding order denying his motion to modify support and maintenance obligations established in 2006 in dissolution proceedings initiated in a Tennessee court.
Geise v. Geise

741.  Appeals.  Final agreed order adjudicating grandparent visitation had been entered  and  Notice of appeal untimely filed;
Nunley v. Neuling

750.  Criminal Law. Affirmed circuit court order granting criminal defendant relief under RCA 11.42 when convicted of murder but claiming ineffective assistance of counsel. Tackett claimed both his trial attorney and his appellate attorney were ineffective because he did not receive a jury instruction on the lesser-included offense of second-degree manslaughter, even though he  should have.
Commonwealth of Kentucky v. Tackett

Selected cases that were not designated for publication in tort, insurance and civil law.

739.  Affirmed dismissal of minor’s claim for lack of prosecution.
Jimale v. Nationwide Mutual Fire Ins. Co.



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.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)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