Henderson County Court House – Post Card.
Published Court of Appeals appellate cases for this week –
September18, 2015: Links are to full text of PDF decision with AOC.
783. Criminal Procedure. Motion to suppress misdemeanor convictions when record silent on waiver of constitutional rights
William Fugate vs. Commonwealth of Kentucky
COA Published Opinion Vacating and Remanding; Kenton County
NICKELL, JUDGE: William Fugate appeals from a final judgment entered on August 29, 2014, accepting his conditional guilty plea to a charge of operating a motor vehicle while license revoked or suspended for driving under the influence, third offense. Prior to entry of the order, Fugate argued two misdemeanor convictions used to bump the charge to a Class D felony should be suppressed because records of the district court guilty pleas were silent as to whether he knew his constitutional rights and knew pleading guilty would waive those rights. Following an evidentiary hearing—at which Fugate did not testify—the Kenton Circuit Court denied his motion to suppress, and Fugate ultimately entered the conditional guilty plea from which he now appeals. Upon review of the briefs, the the record, and the law, we vacate and remand for proceedings consistent with this Opinion.
786. Workers Compensation. No evidence of horseplay to deny benefits.
Hall Contracting of Kentucky, Inc. vs. James Huff
COA Published Opinion affirming Workers Compensation Board
COMBS, JUDGE: Hall Contracting of Kentucky, Inc., petitions for review of an opinion of the Workers’ Compensation Board which reversed the order of the Administrative Law Judge (ALJ). Following an evidentiary hearing, the ALJ concluded that the claim of James Huff against Hall Contracting was not compensable since Huff was engaging in horseplay and thus he was acting outside the scope of his employment when he was injured. On appeal, the Board determined that the ALJ had erred by concluding that Huff’s injury was the result of horseplay. The Board remanded for entry of a decision that would resolve all of the remaining contested issues. Finding no reversible error, we affirm.
Selected Court of Appeal’s “not to be published” decisions on Trials, torts, insurance and civil procedure from September 11, 2015. Links are to full text of decision in PDF at AOC.
None.
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.
The complete set of this week’s minutes listing all decisions (published and not to be published) with links to the full text of each at the AOC, are below following short summaries of this week’s published cases and extracts of tort, insurance and procedure cases.
[gview file=”https://kycourtreport.com/wp-content/uploads/2015/09/MNT09182015.pdf”]
