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 A few not to be published of note deal with...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 MoreHere are some of the issues to be heard — Breach of contract: Trial court granted partial summary judgment against Appellant under a guaranty and suretyship agreement related to a promissory note. Appellant participated in a...
Read MoreSkarupa v. Owensboro Health Healthpark Opinion by Judge Maze; Judges Goodwine and Lambert concurred. Appellant filed a negligence action against appellees Owensboro Health and Thomas B. Smith, alleging that Smith negligently...
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 MoreHere are some of the issues to be heard — $18 million jury verdict arising from injuries sustained when a hunting ladder stand collapsedinsurance bad faith claim. The appellant argues the circuit court erred when it sua...
Read MoreStanziano v. Cooley Opinion by Judge Nickell; Judges Combs and K. Thompson concurred. A former mental patient of Eastern State Hospital shot and killed attorney Mark Stanziano approximately six weeks after being discharged....
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 MoreClick here for a complete list of our posts for COA Arguments and here for those for SCOKY. And here is a link to the AOC page containing their index to all Court to Appeal oral argument calendars. with...
Read MoreMesser v. Universal Underwriters Insurance Company Opinion by Judge Acree; Judges Lambert and Spalding concurred. The Court of Appeals affirmed the circuit court’s grant of summary judgment dismissing appellant’s bad faith...
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...
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