COAM 2014:06 – Court of Appeals Minutes of Decisions Posted for February 7, 2014 – 24 decisions (107-130)

Breckinridge CH Old

Old Breckinridge County Courthouse in Hardinsburg, Kentucky
Photo by Michael Stevens

The Court of Appeals of Kentucky (COAKY) announced 24 decisions on February 7, 2014 numbered 107- 130.  Three (3)  decisions were designated “to be published”.   Click here for complete list of all archived Court of Appeals’ Minutes that you can download from the Administrative Office of the Courts’ web site.

This week’s photo highlights Breckinridge County.

TORT, INSURANCE AND PROCEDURE HIGHLIGHTS:

114.  Arbitration Issue not ripe.
Stepp vs. Wurtland Health Care Center, Inc.
COA NPO 2/7/2014
STUMBO, JUDGE: Larry Stepp, individually and as administrator of the estate of Susie Stepp, Mr. Stepp’s wife, appeals from an order of the Greenup Circuit Court which enforced an arbitration agreement and dismissed the underlying case. We find that the issues on appeal concerning the enforceability of the arbitration are not ripe for a judgment on the merits, but reverse and remand the trial court’s order to correct some errors made by the trial court.

PUBLISHED DECISIONS:

109.  Cancellation of Government Contract.  Direct Costs.
Ford Contracting, Inc. vs. Kentucky Transportation Cabinet
COA PUB 2/7/2014
ACREE, CHIEF JUDGE: Ford Contracting, Inc. appeals the February 21, 2012 order of the Franklin Circuit Court reversing in part and affirming in part the 2010 Final Order of the Kentucky Transportation Cabinet. Having carefully reviewed the record and the arguments of the parties, we affirm in part, reverse in part, and remand for additional proceedings.

112.  Criminal Procedure.  Motion to Suppress.  Inevitable discovery.
Wilson vs. Commonwealth of Kentucky
COA PUB 2/7/2014
CLAYTON, JUDGE: Following a conditional guilty plea, Michael Larion Wilson appeals his conviction for possession of a controlled substance in the first degree. Wilson was sentenced to a probated one-year sentence. He contends that the trial court erred in its failure to grant his motion to suppress. After careful consideration, we affirm the judgment and sentence although for different reasons than those espoused by the trial court.

Although the GPS and ammunition were illegally seized during a warrantless search, the affidavit for the search warrant provided probable cause, which was not tainted by the police officers’ warrantless search. Based on the inevitable discovery doctrine, these items would have been discovered anyway upon the execution of the search warrant, and hence, it is unnecessary to suppress them. Accordingly, the judgment of conviction and sentence imposed by the Fayette Circuit Court are affirmed.

117.  Claims Races, Limitations on Racing After the Claim and the Meet, Constitutionality Challenged
Jamgotchian vs. Kentucky Horse Racing Commission
COA PUB 2/7/2014
LAMBERT, JUDGE: Jerry Jamgotchian appeals from an order of the Franklin Circuit Court and challenges the constitutionality of 810 Kentucky Administrative Regulations (KAR) 1:015, Section One at Article 6(a)-(b), an administrative regulation enacted by the Kentucky Horse Racing Commission. After careful review, we affirm the circuit court’s holding that the regulation is constitutional under the Commerce Clause of the United States Constitution.

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