May 22, 2012 SCOKY Minutes

Decisions: 62 through 77

16  decisions with 10 published

Click here for this month’s minutes (case names, questions presented for published decisions, and links to full text of each published and nonpublished decision)

Click here for an index to all monthly minutes of SCOKY.

PUBLISHED DECISIONS
(Number, NAME, ISSUE AND LINK TO FULL TEXT):

62.  Mortgages
Mortgage Electronic Registration Systems v. Joseph Roberts
2010-SC-000069-DG
Published
Questions Presented:
Mortgages. Judgment Liens. Equitable Subrogation. Issues include the prioritization of liens in a foreclosure action.

63. Criminal Law
William Louis Rogers v.  Commonwealth of Kentucky
2010-SC-000754-MR
Questions Presented:
Two counts of trafficking in a controlled substance, second offense and PFO I – 20 years. Trial court’s misdating of a search warrant was a correctable clerical mistake. Trial court did not err in refusing to sever the trafficking charge based on the garage evidence from those based on the alleged sales to a confidential informant.

64. CRIMINAL LAW
Thomas C. Bowling v. Commonwealth of Kentucky
2011-SC-000056-MR
Questions Presented:
Declaratory judgment challenging the implementation of two death sentences upon the grounds that the appellant is mentally retarded. Identical argument previously denied because appellant had procedurally defaulted on his mental retardation claim and had failed to demonstrate adequate cause for his default. Upon a de novo reexamination of the issue, the Court again concludes appellant cannot make a prima facie showing he is seriously mentally retarded.

65. WORKERS COMPENSATION
Gaines Gentry Thoroughbreds / Fayette Farms v. Adan Mandujano
2011-SC-000298-WC
Questions Presented:
Workers’ Compensation. Issues involve the work-relatedness of an injury to a groom who was instructed to look after his employer’s horses during the van ride to sales held in another state; who with his employer’s permission worked for others while at the sales; and who was injured while returning to Kentucky to resume his duties for the employer.

66. WORKERS COMPENSATION
UPS Airlines v. Edwin Corey West
1011-sc-000296-WC
Questions Presented:
Workers’ Compensation. KRS 342.730(6). Issues involve an employer’s entitlement, if any, to credit its liability for income benefits based on payments made under a collectively-bargained employee benefit plan.

67. Government. OPen Meetings.
Arnold W. Carter v. Jamie D. Smith and Bourbon County Board of Education
2010-SC-000295-DG
Questions Presented:
Open Meetings. Exceptions. Personnel and Litigation. Issues involve the applicability of the personnel and litigation open meetings exceptions to a closed school board meeting considering potential resignation of a school superintendent as well as his potential subsequent retention on a 12-month consulting contract.

68.  Criminal Law. Death Sentence.
Gregory Wilson v. Commonwealth of Kentucky
2010-SC-000573-MR
Questions Presented:
Death sentence. Trial court’s ruling on mental retardation motion is vacated and the issue is remanded to the trial court to conduct an evidentiary hearing to determine if appellant is exempt from execution because of mental retardation. Issue of DNA testing of semen is remanded to the trial court for a ruling.

69. CRIMINAL LAW
Daniel Keith Newman v. Commonwealth of Kentucky
2010-SC-000695-MR
Questions Presented:
Two counts of first degree sodomy and attempted first-degree sexual abuse-Life sentence. Because the jury was improperly instructed as to the sentencing range for first degree sodomy, the sentence is vacated and the case is remanded for a new penalty phase. Where age is an element of the crime, the jury shall be so advised through the reading of the relevant statute. Statement regarding other crimes was not error where it was used as proof of an element of the offense (i.e., to show forcible compulsion). Prosecutor’s verbalization of the defense theory, although improper, did not rise to the level of palpable error.

70.  CRIMINAL LAW
Lloyd W. Hammond v. Commonwealth of Kentucky
2010-SC-000639-MR
Questions Presented:
Three counts of murder, first-degree burglary, first-degree unlawful imprisonment and retaliating against a participant in the legal process. Convictions reversed and case remanded for a new trial because murder charge was improperly joined for trial with the other charges and the admission of hearsay statements of a material witness under the doctrine of forfeiture by wrongdoing was not based upon substantial evidence.

71.  Family Law. Emergency Protective Orders.
Samantha Daugherty v. John Stephen Telek
2011-SC-000043-DGE
Questions Presented:
Emergency Protective Orders. Domestic Violence Orders. Time for Hearing. The issue is whether statutory time frames involve general subject matter jurisdiction, which cannot be waived, or are jurisdictional aspects of the particular case, which can be waived by a party.

TORT REPORT – NONPUBLISHED DECISIONS RE CIVIL, TORTS, PROCEDURE, INSURANCE LAW CASES

NONE THIS MONTH.

 

 

 

 

 

 

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