COA: September 8, 2017 Court of Appeals Decisions (Minutes)

Nos. 758-778: 21 Decisions Posted with 3 decisions designated 'to be published' with links to full text of each decision


761.  Criminal Law.  Search & seizure.  Held trial court did not err in admitting the search of his cell phone data incident to arrest.  Affirming conviction after a jury trial for the offense of using electronic communications for the purpose of procuring or promoting a minor to engage in sexual activities in violation of Kentucky Revised Statutes (KRS) 510.155.
Kamphus v. Commonwealth of Kentucky

764.  Criminal Law.  Held under this set of facts, the trial court did not abuse its discretion in instructing the jury on first-degree assault nor did it err in denying the motion for a directed verdict on that charge  Affirmed conviction of multiple charges by a jury after he seriously injured a pedestrian while attempting to parallel park under the influence of alcohol finding there was sufficient evidence to support a finding that he acted under circumstances manifesting extreme indifference to the value of human life.
McCargo v. Commonwealth of Kentucky

772.  Criminal Law. Reversed trial judge’s order voiding his pretrial diversion and remand for a new pretrial diversion revocation hearing because the circuit court committed palpable error in denying Jones his due process rights during the hearing.
Jones v. Commonwealth of Kentucky

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

759.  Torts.  Premises liability.  Reversed summary judgment for slip for injuries from slipping on water at bingo hall.
Alexander v. Sunshine Bingo Center, LLC

767.  Negligence per se.  Affirmed instructions which did not include statutory duty under circumstances and which did not include Metro  Ordinance duty to ride bike on sidewalk.  Admissibility of authenticated medical records. Expert disclosure requirements per CR 26.
Raap v. Taylor

770.  Long Arm statute.  Affirmed extending jurisdiction to out of state loan guarantor.
Walker v. PBI Bank, Inc.


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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All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after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.