SCOKY: Minutes for Nov. 18, 2010 posted

Ky Supreme Court Minutes for Nov. 18, 2010 have been posted.

Click here for full text of minutes which includes links to full text of each published and nonpublished decision.

  • Decisions 246 through 264 – 17 decisions with 10 published

PUBLISHED:

246. JAMES F. ROBINSON V. COMMONWEALTH OF KENTUCKY
2008-SC-000556-MR PIKE
TO BE PUBLISHED
OPINION OF THE COURT BY JUSTICE CUNNINGHAM –
AFFIRMING
VENTERS, J., CONCURS IN RESULT ONLY
Questions Presented:
Unanimous verdict. No unanimity violation where the jury could have reasonably found appellant guilty under either or both theories of the victim’s cause of death.

247. COMMONWEALTH OF KENTUCKY V. JARROD L. NICELY
2009-SC-000313-DG MAGOFFIN
TO BE PUBLISHED
OPINION OF THE COURT BY JUSTICE NOBLE – AFFIRMING
CUNNINGHAM, J., DISSENTS
Questions Presented:
Criminal Law. Drug Court Program. Probation. Jail Time Credit. Where defendant was terminated from drug-court program and his probation was revoked, the issue is whether trial court properly denied credit against prison sentence for periods defendant spent in jail for violations of drug court policies and conditions during his participation in the program.

248. SEMONIN T. MOORMAN V. COMMONWEALTH OF KENTUCKY
2009-SC-000420-MR JEFFERSON
TO BE PUBLISHED
OPINION OF THE COURT BY JUSTICE VENTERS – AFFIRMING
Questions Presented:
First-Degree Manslaughter-20 years imprisonment. Involvement of an unlicensed attorney in trial prosecution was harmless error; Prosecutor, while not properly sworn in pursuant to SCR 2.120, was a de facto officer. Trial court did not err in excluding evidence relating to appellant’s fear of the victim.

249. JANET HAMMONS, ET AL. V.   ROSA HAMMONS
2009-SC-000155-DG FAYETTE
TO BE PUBLISHED 
 OPINION OF THE COURT BY
 JUSTICE ABRAMSON – 
 AFFIRMING IN PART AND
 REVERSING IN PART

Questions Presented:
Wills. Life Estate. Remainders. Issues include whether testator granted vested or contingent remainder and whether remaindermen are entitled to an accounting and to inspect property included in life estate.

250. KENTUCKY FARM BUREAU MUTUAL  INSURANCE COMPANY V.   SHELTER MUTUAL INSURANCE
2008-SC-000781-DG MONTGOMERY
TO BE PUBLISHED
 COMPANY
 OPINION OF THE COURT BY
 JUSTICE SCOTT – REVERSING
 NOBLE, J., CONCURS IN RESULT  ONLY.
Questions Presented:
Automobile Insurance.  Liability Coverage.  Excess Insurance. Issues include the proper apportionment of loss between two insurers whose liability policies cover the same damages arising from an automobile accident, where one company insures the negligent guest driver of the vehicle and the other company insures the owner, and where both policies contain "excess insurance" clauses.
 
251. CEDRIC GRADY V.  COMMONWEALTH OF KENTUCKY
2009-SC-000205-MR JEFFERSON
TO BE PUBLISHED 
 OPINION OF THE COURT BY  JUSTICE SCOTT – REVERSING
 SCHRODER, J., CONCURS IN PART  aND DISSENTS IN PART BY SEPARATE OPINION IN WHICH  VENTERS, J., JOINS
 Questions Presented:
A Faretta hearing, while required when a defendant invokes his Faretta rights, does not mandate that a court follow a script or employ magic words, but it does necessitate a finding that the defendant is proceeding with “eyes open”- that he gets a general warning of the dangers.  Trial court did not err in refusing to disqualify and remove the appointed public defender.  It was error to prevent defendant from testifying at the suppression hearing.

 
252. CHESTER HOGSTON V.  BELL SOUTH   TELECOMMUNICATIONS, ET AL.
2010-SC-000299-WC FROM COURT TO BE PUBLISHED
OPINION OF THE COURT –   REVERSING

Questions Presented:
Workers' Compensation.  KRS 342.730(1)(c)2.  Issues include whether denial of double benefits resulted from a misapplication of Chrysalis House, Inc. v. Tackett, 283 S.W.3d 671 (Ky. 2009), and whether Chrysalis House is limited to instances where an employee would otherwise profit from illegal conduct.

 
253. ROBERT HOLLON V. COMMONWEALTH OF KENTUCKY
2008-SC-000618-DG FRANKLIN
  TO BE PUBLISHED 
 OPINION OF THE COURT BY  JUSTICE ABRAMSON –   REVERSING AND REMANDING
 NOBLE, J., CONCURS BY SEPARATE  OPINION.  SCOTT, J., DISSENTS BY   SEPARATE OPINION.

Questions Presented:
Criminal Law. Post-Conviction Proceedings. Ineffective Assistance. Issues include whether ineffective assistance of appellate counsel claims should be recognized.

254. KENTUCKY PUBLIC SERVICE OMMONWEALTH OF KENTUCKY
 COMMISSION V.
2009-SC-000053-DG FRANKLIN
TO BE PUBLISHED 
 OPINION OF THE COURT BY
 JUSTICE SCHRODER – 
 REVERSING AND REMANDING
 SCOTT, J., DISSENTS BY 
 SEPARATE OPINION.
 Questions Presented:
Administrative Law. Designation of Record. Planning and Zoning. Cellular Antenna Towers. Regulatory Jurisdiction. Where Public Service Commission dismissed application for construction of cellular tower for want of jurisdiction, issues include whether judicial review was foreclosed through failure to comply with KRS 278.420 with regard to designation of record; and, if review was available, whether local planning commission or PSC had jurisdiction over application in light of KRS 100.987 and KRS 278.650.
 
255. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY V.  CARLENE SLUSHER,   ADMINISTRATRIX OF THE ESTATE  OF DONALD SLUSHER, DECEASED
2009-SC-000513-DG KNOX
TO BE PUBLISHED
  OPINION OF THE COURT BY
 JUSTICE VENTERS – REVERSING  AND REMANDING

Questions Presented:
Insurance Coverage. UM/UIM Benefits. Workers Compensation. Exclusive Remedy. Issues include whether UM/UIM benefits are available where co-worker tortfeasor is immune from suit pursuant to workers' compensation exclusive remedy provision.

255.    STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY V.
CARLENE SLUSHER, ADMINISTRATRIX OF THE ESTATE OF DONALD SLUSHER, DECEASED OPINION OF THE COURT BY JUSTICE VENTERS – REVERSING AND REMANDING
2009-SC-000513-DG
TO BE PUBLISHED

Questions Presented: Insurance Coverage. UM/UIM Benefits.
Workers Compensation. Exclusive Remedy. Issues include whether UM/UIM benefits are available where co-worker tortfeasor is immune from suit pursuant to workers' compensation exclusive remedy provision.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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