Old Post Card Depicting a “birds eye” aerial view of Ashland, Kentucky in Boyd County
Selected published decisions:
178. Criminal Law. Failure to maintain auto insurance. Issue on restitution not properly before SCOKY
Tammy Dillard vs. Criminal Law
Supreme Court of Kentucky Published Opinion Affirming – Jefferson Circuit Court
Questions Presented: “Failure of owner to maintain required insurance. KRS 304.39-080. Conditional Guilty Plea. Restitution. Appeal.”
Appellant Tammy Dillard entered a conditional guilty plea to Failure of Owner to Maintain Required Insurance/ Security and received a two year sentence, conditionally discharged, with “restitution to be determined.” The restitution issue arose when Dillard, while driving her uninsured vehicle, collided with another vehicle, allegedly causing $3,600 in damages. Before the Jefferson District Court conducted the restitution hearing, Dillard appealed to the circuit court, which dismissed the appeal because there was no “final action” from the district court as required to invoke the circuit court’s appellatejurisdiction under Kentucky Revised Statute (KRS) 23A.080(1). On discretionary review, the Court of Appeals affirmed and, on discretionary review, this Court also affirms the lower courts’ holdings with regard to lack of appellate jurisdiction in this matter. Although both Dillard and the Commonwealth are interested in securing a ruling on whether restitution is statutorily available given the facts of this case, that issue is not properly before us and we decline to issue an advisory opinion. This case illustrates the wisdom of Kentucky statutes and rules that premise an appeal to a higher court on the existence of a final order or action from the court below. Finality of a district court’s judgment is not only a prerequisite to invoking the circuit court’s appellate jurisdiction, it assures the availability of a complete record, allowing for more complete and efficient appellate review of all issues including those that one or both parties may view as purely legal.
179. Criminal Law. Search and seizure. Roadblocks.
Commonwealth of Kentucky vs. Billy Cox
Supreme Court of Kentucky Published Opinion Affirming – Marion Circuit Court
Questions Presented: Criminal Law. Constitutional Law. Fourth Amendment. Roadblocks. Commonwealth v. Buchanon, 122 S.W.3d 565 (Ky. 2003). Issue is whether a roadblock was unconstitutionally established and conducted under controlling Kentucky and federal law.
180. Estate and Inheritance Tax.
Est. of Mildred L. McVey vs. Dept of Revenue
Supreme Court of Kentucky Published Opinion Affirming – Franklin Circuit Court
Questions Presented:Estate and Inheritance Tax. Wills. Administrative Law. Issues include the effect of a will clause directing that inheritance taxes be deducted as a cost of administration and taxation of “bequests of tax.”
This case raises three legal questions. First, does a reviewing court owe any deference to the Kentucky Board of Tax Appeals as to questions of law? Second, may inheritance taxes paid as a “cost of administration” under a will’s tax-exoneration provision be deducted from the value of distributive shares under KRS 140.090 and thereby reduce the overall tax liability? And, third, is the payment of tax by an estate on behalf of a beneficiary under a tax- exoneration clause itself a taxable “bequest of tax”?
181. Criminal Law
Marcus D. Greene vs. Commonwealth of Kentucky
Supreme Court of Kentucky Published Opinion Affirming – Jefferson Circuit Court
Questions Presented: Trial court did not abuse its discretion in overruling defendant’s motion to withdraw his guilty plea where the defendant did not rely on the alleged inaccurate advice from counsel about jail-time credit and was not prejudiced by it.
182. Family Law.
Commonwealth of Kentucky Cab. for Health and Family Services vs. S.H.
Supreme Court of Kentucky Published Opinion Affirming and Remanding = Clay Circuit Court
Questions Presented: Family Law. Rules. Issues involve whether the witness and exhibit lists requirements of FCRPP 7(1) apply to termination of parental rights cases
Upon petitions by the Cabinet for Health and Family Services (the Cabinet), the Clay County Family Court terminated the parental rights of S.H. with regard to her four children.S.H. apealed to the Court of Apeals, which reversed and vacated the termination orders, 2finding that the family court erroneously applied Family Court Rule of Practice and Procedure (FCRPP) 7(1). This Court granted discretionary review, and for the reasons stated herein, we affirm the opinion of the Court of Appeals.
183. Criminal Law.
Commonwealth of Kentucky vs. Michael Young
Supreme Court of Kentucky Published Opinion Affirming in Part, Reversing in Part, and Remanding – Lawrence Circuit Court
Questions Presented: Criminal Law. KRS 514.040. Theft By Deception. Adoption. Birth Mother Living Expenses. Issues include whether the trial court correctly refused to dismiss theft by deception charges against birth parents who solicited and accepted living expenses from prospective adoptive parents without disclosing that they had already accepted living expenses from an adoption agency representing other prospective adoptive parents.
184. Criminal Law. Jury Selection, Jefferson County Method
Adam Anthony Barker vs. Commonwealth of Kentucky
Supreme Court of Kentucky Published Opinion Reversing – Jefferson Circuit Court
Questions Presented: Error to give provocation qualification to self-protection instruction which was not supported by the evidence. Second-degree manslaughter instruction was problematic but unpreserved for review. Trial court’s jury selection methodology deviated from the guidelines found in the criminal rules but said deviation was not substantial.
Abramson, J., Concurs, and Believes This Case Illustrates the Value of the So-Called Jefferson County Method of Voir Dire (a Method the Trial Court Did Not Employ in This Case) and Underscores the Wisdom of Amending Our Criminal Rules and Administrative Procedures to Approve Expressly of This More Efficient and Effective Means of Jury Selection.
185. Civil. Contempt Procedure. Family Court.
Cabinet for Health and Family Services vs. J.M.G.
Supreme Court of Kentucky Published Opinion Reversing and Remanding – Fayette Circuit Court
Questions Presented: Contempt. Issue is whether the Family Court erred in holding the Cabinet for Health and Family Services in contempt as a result of the failure of an attorney employed by the Cabinet to follow statutes and court rules.
186. Family Law. Property Settlement.
Ruth Ann Sadler vs. Barbara Lois Van Buskirk
Supreme Court of Kentucky Published Opinion Reversing and Remanding k- Fayette Circuit Court
Questions Presented: Family Law. Property Settlement Agreements. Retirement Accounts. Issues include whether the property settlement agreement provision stating that the ex-wife disclaimed her interest in the retirement account owned by the ex-husband was sufficient to rescind the form he filed with the investment company during the marriage naming her as beneficiary upon his death.
187. Criminal Law. Palpable error.
Commonwealth of Kentucky vs. Joe Taylor
Supreme Court of Kentucky Published Opinion Reversing and Remanding – Fulton Circuit Court
Questions Presented: Criminal Law. Palpable Error. Issues involve the lack of defense objection to reference at trial to the defendant’s testimony in support of suppression of evidence seized from his bedroom
188. Criminal Law.
Patrick Deon Ragland vs. Commonwealth of Kentucky
Supreme Court of Kentucky Published Opinion Reversing and Remanding – Fayette Circuit Court
Questions Presented: Second degree manslaughter, tampering with physical evidence and PFO I – 20 years. Trial court erred in adding a “no duty to retreat” jury instruction to a general self-protection instruction and by inadequately instructing the jury on the justifiable use of force to protect against unwanted sexual intercourse compelled by force or threat.
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