DISCRETIONARY REVIEW GRANTED 8/17/16

Adams v. Sietsema, 2015-SC-483-DG

Negligence. Medical Malpractice. Jail Healthcare. Expert Testimony.

Issues include whether an inmate who claims that the jail’s medical director and nurse practitioner caused his illness to become life threatening by inadequately supervising and communicating with the jail’s nursing staff was required to present expert testimony to establish the standard of care for jail medical staff.

Armfield v. Kentucky Farm Bureau Mutual Insurance Company, 2016-SC-148-DG

Insurance. MVRA. Underinsured Motorists Coverage. Motorcycle Exclusion.

Issues involve whether loss of consortium claims are barred by the UIM policy exclusion regarding bodily injuries sustained while occupying and operating a motorcycle.

Talley v. Paisley, 2016-SC-92-DG

Real Estate. Partition. Joint Tenancy with Right of Survivorship.

Issues involve division of proceeds of sale of realty owned by unmarried cohabiting couple in joint tenancy with right of survivorship.

Majestic Oaks Homeowners Association, Inc. v. Majestic Oaks Farms, Inc., 2016-SC-213-DG

Easements. Expiration of easement.

The issue in this case is whether the original roadway easement given to the developer of property was extinguished automatically after conveyance of developer’s lots and after conveyance of the common areas to the homeowners’ association, such that the developer was denied access to another property owned by the developer via roadways in the original development.

Riffe v. Commonwealth, 2016-SC-219-DG

Criminal Law. Suspension of driver’s license for refusal to take breathalyzer. Subsequent acquittal on DUI charge.

The issue in this case is whether the trial court erred in suspending the driver’s license for 36 months following his acquittal on a DUI-third offense, where the driver had refused a breathalyzer on advice of counsel.

Moss v. Commonwealth, 2016-SC-165-DG

Criminal Law. Evidence. Adoptive admissions. Pre-arrest silence.

The primary issue in this case is whether a defendant’s failure to respond to a witness’ statement made during a police investigation constitutes an adoptive admission, which may be introduced into evidence, or whether this failure to respond to the witness’ statement is pre-arrest silence which may not be introduced as evidence against the defendant.

DISCRETIONARY REVIEW GRANTED 4/27/16 and CROSS MOTION

GRANTED 8/17/16

Nami Resources Company, LLC v. Asher Land and Minerals, Ltd, 2015-SC-489-DG and

(Cross Motion) Asher Land and Minerals, Ltd v. Nami Resources Company, LLC, 2016-SC-235-DG

Oil and Gas. Contracts. Fraud. Punitive Damages.

Issues involve alleged fraud and/or breach of contract in underpayment of oil and gas royalties pursuant to lease plus the propriety of imposing punitivedamages.

DISCRETIONARY REVIEW GRANTED WITHOUT ORAL ARGUMENT

8/17/16

Commonwealth v. Hughes, 2016-SC-137-DG

Criminal Law. CR 60.02.

Issues involve application of CR 60.02 to repeatedly rejected ineffective assistance of counsel contentions.

Hawkins v. Commonwealth, 2015-SC-639-DG

Criminal Law. First-Degree Trafficking in a Controlled Substance. KRS 218A.1412.

Issues include whether the provisions of the first-degree trafficking statute that enhance a defendant’s felony class based on the weight of the drug trafficked are intended to refer to the aggregate weight of the entire substance, i.e., pure drug plus filler substances, or solely to the portion of the substance’s total weight that consists of the pure drug itself.

Commonwealth v. Copley, 2015-SC-584-DG

Criminal Law. RCr 11.42. Ineffective Assistance of Counsel.

Issues include whether the defendant’s trial counsel provided ineffective assistance by failing to adequately explain the possibility of an EED defense.

Morrison v. Commonwealth, 2015-SC-712-DG

Criminal Law. Jury selection. Strikes for cause. Familial relation to countyattorney. Abuse of discretion.

The issue in this case is whether the trial court abused its discretion in refusing to strike for cause a potential juror who is the mother of the county attorney who had conducted the preliminary hearing in this case.