Author: Michael Stevens

TRIAL PROCEDURE & EVIDENCE: Proffer of expected testimony found by SCOKY to be too vague to preserve error on appeal (Eric Henderson vs. Commonwealth of Kentucky SC Published 8/21/2014)

From the former practice of preserving testimony with an avowal to the KRE 103 proffer of expected testimony, a trap is laid  for the need for specificity and clarity  falling short of the actual avowal of the testimony of...

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SC: August 21, 2014 Supreme Court of Ky Decisions (Minutes 113-144): federal plea agreements with waivers of ineffective assistance of counsel fatal for conflicts of interest; preserving argument for appeal with offers of proof under KRE 103; SC takes a bite out of Patient Safety and Quality Improvement Act of 2005 (“PSQIA”) privilege; estate recovers for death of confidential informant when state police use him knowing his cover was blown

The  Supreme Court of Kentucky announced a  32 decisions on August 21, 2014, with 14 of the Kentucky Supreme Court cases designated for publication addressing:  federal plea agreements with waivers of ineffective assistance of...

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COA: August 22, 2014 Court of Appeals Decisions (Minutes 763-783): affirmed trial judge’s order permitting expert witnesses not to be sequestered after party requested invocation of the “Rule”; malicious prosecution dismissed prematurely; landlord owes no duty to tenant over known hazards

The Kentucky Court of Appeals announced 21 decisions  on Aug. 22, 2014, three published).  I have extracted the following decisions involving torts, insurance and civil procedure which might interest injury and accident lawyers:...

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