Cumberland Falls, Double Rainbow, 10/30/2015. Photo by Michael Stevens.
Supreme Court grants of discretionary review on September 16, 2015 and complete list of pending grants as of September 2015.
DISCRETIONARY REVIEW GRANTED 9/16/15
Kentucky Retirement Systems v. Carson, 2015-SC-94-DG
Administrative Law. Disability Retirement. Issues include the applicability of administrative res judicata in the context of a KRS 61.600(2) disability benefits reapplication.
Kentucky Retirement Systems v. Wimberly, 2015-SC-159-DG
Administrative Law. Disability Retirement. Issues include the applicability of administrative res judicata in the context of a KRS 61.600(2) disability benefits reapplication as well as whether alcohol abuse can constitute a KRS 61.600(3)(d) preexisting “condition.”
McCarty v. Faried, 2015-SC-271-DGE
Family Law. Child Support. Income Exceeding Guidelines. Issues include whether the trial court properly included projected expenses in the child’s reasonable needs when establishing an initial child support order for a high income parent.
DISCRETIONARY REVIEW GRANTED WITHOUT ORAL ARGUMENT 9/16/15
Stone v. DuBarry, 2015-SC-40-DG
Attorney Fees. Does KRS 376.460 permit filing and enforcing an attorney’s lien to recover unpaid fees pursuant to the contract for representation in a marital dissolution proceeding involving division of marital assets?
Rice v. Commonwealth, 2014-SC-733-DG
Criminal Law. Home Incarceration. Non-Violent Felony Offense. KRS 532.210. Issues include whether a defendant who commits a non-violent Class D felony with a mandatory prison sentence is eligible to serve that sentence on home incarceration.
Hacker v. Commonwealth, 2015-SC-38-DG
Criminal Procedure. Court’s comment prior to jury deliberations about defense counsel’s comment regarding presence of subpoenaed witness for prosecution. The issue is whether it was reversible error for the trial court, in the absence of any objection, to comment to the jury after closing arguments and before deliberations, that defense counsel had misled the jury, even inadvertently, in regard to why a particular witness was testifying in the case.
Shinkle v. Turner, 2015-SC-39-DG
Forcible Detainer. Statutory Notice to Vacate Premises. The issue is the propriety of the filing of a forcible detainer action prior to the expiration of the 30 notice to vacate the premises required by KRS 383.195, and whether the trial court may delay entry of an order until the expiration of the 30 days, or must dismiss the action as improperly filed.
Unifund CCR Partners v. Harrell, 2015-SC-117-DG
Prejudgment interest. Rights of third party assignee of a debt. Violation of Fair Debt Collection Practices Act. The issue is whether a third party assignee of a debt can claim prejudgment interest at the statutory rate of 8% where the original creditor had charged off the debt and had stopped assessing the contractual rate of interest on the debt for several months prior to the sale of the debt to the third party. Is a claim for recovery of prejudgment interest at the statutory rate by a third party assignee a violation of the Fair Debt Collection Practices Act?
Pending grants of discretionary review as of 9/16/2015:
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