2 published decisions — (i) dealing with informed consent for BAC/DUI testing of foreign language drivers; (ii) post-incarceration supervision, “close” supervision. A few not to be published of note deal with...
Read More3 published decision dealing with affirmed conviction of criminal facilitation to incest and being a second-degree persistent felony offender; affirmed circuit court that criminal defendant failed to exhaust his administrative...
Read More1 published decision: reversed and remanded district court ordering restitution for personal injuries when defendant/at-fault driver had no liability insurance.PUBLISHED DECISIONS 774. DALE (ARGIE L.) VS. COMMONWEALTH OF...
Read More3 published decisions dealing with: affirmed modification of child support when parents never married; affirmed constitutionality of Kentucky Revised Statute (KRS) 61.637(17); affirmed order for removal of advertising device with 600 feet of I-65 (sign of semi-trailer).
Read More8 published decisions: ineffective assistance of counsel claim dismissed; property line dispute; failure to comply with statutory rights in breath alcohol testing for DUI; affirmed trial court ruling denying request for separate trials and motion for mistrial; pre-need funerals and declaration of rights action; husband lost appeal on adverse ruling of award of past retirement benefits; lost appeal claiming denial of full evidentiary hearing and that evidence presented did not meet the preponderance of the evidence standard; lost appeal of order regard required sex offender registration.
Read More2 published decisions: criminal forfeitures of property; taxpayer’s claimed refund for exemption not make it. TWO PUBLISHED DECISIONS. 719. MARTIN (TOMMY DALE) VS. COMMONWEALTH OF KENTUCKY.Criminal Forfeitures....
Read More5 published decisions: judge’s failure to ensure valid waiver of right to counsel results in new trial; no constructive trust found in real estate; dispute over construction project; error in failure to include mandatory finding in probation revocation; LouMetro must disclose economic development proposal (raised exceptions not apply).
Read MoreSix published decisions – nursing home arbitration case reconsidered at Clark and Wellner Decisions from SCOTUS; relation back doctrine and amended pleadings; affirmed denial of PIP claim by insurance company; pro se...
Read MoreBusy week with 34 decisions announced and five designated for publication. Cases of interest include workers comp decision on ALJ’s failure to apply the “triple multiplier”; weight loss releases and assumption...
Read MorePUBLISHED DECISIONS. 625. MOODY V. DEMALAFamily Law.Affirming order awarding the Father, as child support payments, a portion of the children’s monthly social security benefits.629. PASSMORE VS. COMMONWEALTH OF KENTUCKYCriminal...
Read MorePUBLISHED DECISIONS.594. QAISI (SHAHRAZAD D.) VS. ALAEDDIN (ANIS YOUSEF)Family Law. Affirmed Family Court decision declining to register documents from courts in Dubai, United Arab Emirates (U.A.E.).597. GOLDEN GATE NATIONAL...
Read MorePUBLISHED DECISIONS. 579. TURNER VS. C & R ASPHALTThis appeal involves the installation of a residential driveway in 2008 in Lexington, Kentucky. We vacate the order granting summary judgment and remand the matter to the...
Read MorePUBLISHED DECISIONS. 548. VP LOUISVILLE LLC VS. NBH BANK NAAttorney fees in foreclosure. Affirmed circuit court calculation of attorney fees. “As an appellate court, we are required to give deference to the trial...
Read MorePUBLISHED DECISIONS.523. COX V. CROSSImmunity. Police officer vehicular pursuit. Furthermore, “[a]n officer has discretion to decide whether to begin, continue, or end the emergency pursuit, but not for the way he or she...
Read MorePUBLISHED DECISIONS. 512. MCCARTHY V. COMMONWEALTH OF KENTUCKYCriminal Law. Introduce evidence of his refusal to take a warrantless blood test and giving the jury an Allen charge514. FRANKFORT MEDICAL INVESTORS dpa THE...
Read MorePUBLISHED DECISIONS. 501. STEWART V. KENTUCKIANA MEDICAL CENTERChoice of law involving Kentucky Physicians, Indiana facility, and incident in Indiana pertaining to jurisdiction and medical review under Indiana Medical...
Read MorePUBLISHED DECISIONS. 470. Golden Gate National Senior Care LLC v. Estate of Loraine BrownAffirmed order of the Franklin Circuit Court holding that the Appellants’ (collectively, Golden Living Center’s) arbitration agreement is...
Read MorePUBLISHED DECISIONS. 455. Powers v. Commonwealth of Kentucky Criminal Law. Evidentiary issues relating to involuntary rape, sodomy, incest by forcible compulsion/incapable of consent (intoxicated victim). Jury misconduct....
Read MorePUBLISHED DECISIONS. 422. I.H. v. Commonwealth of Kentucky Juvenile commitment. 423. The Kernel Press, Inc. v. University or KentuckyOpen Records Act. University paper. 428. Louisville SW Hotel LLC v. LindseyWrongful Death....
Read MorePUBLISHED DECISIONS. 396. Commonwealth of Kentucky Energy Cabinet v. HarmonStatute of Limitations. Board of Claims. Savings Clause.The Kentucky Board of Claims dismissed the Appellees’ tort claims against the Energy and...
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