Category: Minutes – COA and SCOKY

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 A few not to be published of note deal with...

3 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...

1 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...

3 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).

2 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....

5 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).

Six 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...

Busy 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...

PUBLISHED 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...

PUBLISHED 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...

PUBLISHED 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...

PUBLISHED 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...

PUBLISHED 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...

PUBLISHED 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...

PUBLISHED 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...