Nov. 23, 2011 SCOKY Minutes posted at AOC Web Site

Nov. 23, 2011 SCOKY Minutes posted at AOC Web Site.  Click on this to access PDF.

Decisions:  182-195
14 decisions with 4 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):

182. CRIMINAL.  SEARCH AND SEIZURE.
KENNETH WILLIAMS V. COMM. OF KY
AFFIRMING.

Questions Presented:
Criminal Law. Stop. Search. The issue is whether an officer must have reasonable articulable suspicion particularized to a person standing in a public place talking to people who possess marijuana and have guns concealed on them before the officer can order the “innocent” suspect to the ground and pat him down.

182. CRIMINAL. CRIMES. MURDER AND KIDNAPPING.
LAWRENCE ROBERT STINNETT V. COMM. OF KY
AFFIRMING.

Questions Presented:
Murder and kidnapping-Life without parole. Kidnapping exemption statute inapplicable to these facts. Trial court properly permitted defendant to proceed pro se and properly denied requests for repeated replacement of counsel and to compel witness' attendance at trial.

183. WORKERS COMPENSATION. FRANCHISES.
DOCTORS' ASSOCIATES INC. V. UINSURED EMPLOYERS FUND
REVERSING

Questions Presented:
Franchisor, who meets the definition in KRS 342.610(2), can be considered a contractor for purposes of workers compensation.

184. ETHICS. TRIAL COMMISIONERS.
IN RE: JEFFERSON DISTRICT COURT JUDGES AND TRIAL COMMISSIONERS V. ETHICS COMMITTEE OF THE KENTUCKY JUDICIARY
VACATING

Questions Presented:
No violation of Canon 3A under the facts presented by the Jefferson District Trial Commissioners.

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