April 17, 2014 Minutes

Here are the official April 17, 2014 Supreme Court Minutes (decisions), numbered 50-69.  My edited revision with active links is below.

20 decisions announce, 12 published.  Seven  decisions dealt with attorney discipline matters; and discretionary review was granted in Nine cases.

The Supreme Court of Kentucky had a bit of technological problem with their minutes this week.

You will note that I have added the links to the decisions posted for published, nonpublished, and attorney disciplinary cases.  I have also added the links for the case information at SCOKY for the grants of discretionary review.

Whatever the technological problem may be, it sounds as if their is server issue at AOC since sometimes the links work, and other time you get a screenfull of gibberish.

If the link gets you gibberish, then a. copy the case (or type in) “2012-SC-000820-DG”, then  click on this link for searching opinions at the AOC, and then paste the case name (cntrl v) into the searchparameters.  The case then should pop up, and then you click again.  Voila!  There it is.

Although I like the tabular format, I would suggest moving the date from the third and fifth columns to just under the case names in the second column; delete the second column; and use the fifth column (county) and either put in the “question presented” as before OR just a topic note (Criminal Procedure; Divorce; Insurance etc) to allow for quick scanning.

TORT REPORT:

PUBLISHED:

50.  Criminal Law.  Search and seizure, fair and impartial magistrate.

Minks v. Commonwealth of Kentucky, Pub. 4/17/2014
Breckinridge County

51. Criminal Law.  Search and seizure. Terry Stop, Search incident o arrest.
Pleas Lucian Kavanaugh vs. Commonwealth of Kentucky
Fayette County, Pub. 4/17/2014

52. Criminal Law. Identify Theft.
Commonwealth of Kentucky vs. Christin Goss
Laurel County, Published, 4/17/2014

53.  Business Dispute.  Arbitration (appeal from nonfinal order)
R. Dean Linden Ph.D.  vs. William Tid Griffin, et al
Jefferson County, Pub 4/17/2014

In summation, this Court finds that it lacks jurisdiction to consider the merits of Linden’s appeal. Furthermore, we affirm the Court of Appeals’ determination that the abuse of process and defamation claims fall outside the agreement to arbitrate. For the foregoing reasons, we affirm the opinion of the Court of Appeals in part and reverse in part. We also hereby remand this case to the Court of Appeals with instructions for it to dismiss Linden’s appeal pursuant to CR 73.02 (2).

54. Criminal Law
Nickolas Stapes vs. Commonwealth of Kentucky
Butler County, Published, 4/17/2014

55.  Torts.  Qualified Sovereign Immunity; ministerial vs. discretionary
Joe Marson vs. Sherry Thomason
Floyd County, Published 4/17/2014

The trial court and the Court of Appeals found that the negligent acts or omissions in this case were failing to properly extend the bleachers to the proper length to be safe for use by the students, and failing to provide adequate supervision of the students as they arrived and were held in the gym before school started. Whether qualified immunity extends to the Appellants turns on whether the acts of the various defendants were discretionary or ministerial.

In light of these facts, it is clear that extending the bleachers was a routine duty, regularly performed by the custodian on duty, and is thus ministerial in nature to the person charged with that job.  The question of the custodian’s liability or immunity, however, is not before the Court. Instead, the question is whether the principals and the teacher have immunity or may potentially be found liable.

56.  Criminal Law. RCr11.42 effective assistance of counsel.
Commonwealth of Kentucky vs. Jasper Pollini
Jefferson County, Published 4/17/2014

57. Criminal Law.  Probation.
Commonwealth of Kentucky vs. Derick Dulin
Jefferson County, Pub. 4/17/2014

58.  Medical Negligence.  Rebuttal witnesses, informed consent,
Ambreen Fraser MD vs. Matthew Miller
Warren County,  Published 4/17/2014

59.  Criminal Law
Jonathan Young vs. Commonwealth of Kentucky
Monroe County, Pub. 4/17/2014

60. Employment Dispute and Ministerial Exception
Dr. Laurence H. Kant vs. Lexington Theological Seminary
Fayette, Pub 4/17/2014

61. Employment Dispute and Ministerial Exception
Jimmy Kirby vs. Lexington Theological Seminary
Fayette, Pub. 4/17/2014

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