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).
FIVE PUBLISHED DECISIONS.
700. MARCUM (JOSHUA ROSCOE) VS. COMMONWEALTH OF KENTUCKY
Criminal Law.
Because the trial court committed structural error by its failure to ensure a valid waiver of Marcum’s right to counsel, we reverse and remand for a new trial.
704. RISNER (GARY) VS. MCCARTY (SCOTTIE)
Real Property. Constructive Trust Not found.
710. KEENEY (RHONDA), ET AL. VS. BILLY TRENT CONSTRUCTION, LLC
Construction and building dispute.
711. WALKER (JACOB R.) VS. COMMONWEALTH OF KENTUCKY
Criminal Law. Probation revocation.
Because the circuit court failed to make the mandatory findings pursuant to Kentucky Revised Statutes (KRS) 439.3106(1) prior to revoking Walker’s probation, we vacate the orders on appeal.
717. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT VS. THE COURIER-JOURNAL, INC.
Open Records.
Louisville/Jefferson County Metro Government (Louisville Metro) appeals from a summary judgment order by the Jefferson Circuit Court directing it to disclose an economic development proposal pursuant to an Open- Records request by the Courier-Journal, Inc. (the Courier-Journal). Louisville Metro argues the documents at issue were exempt from disclosure because they were related to the prospective location of a business or industry and because they were merely a preliminary offer that was never adopted into a final action. We conclude that neither of these exceptions apply to the documents at issue in this case. Hence, we affirm.
Selected Non-Published Decisions.
702. LYNCH V. PILOT CORP.
Premises liability. Slip and fall reversed for wrong instructions under Palmore.
Lynch and his wife sued Pilot for negligence.2 Before trial, each party submitted proposed jury instructions. Lynch’s proposed jury instructions outlined the duty of care owed to an invitee, based on PALMORE & CETRULO, KENTUCKY INSTRUCTIONS TO JURIES, CIVIL § 24.01 (6th ed. 2017), as well as Shelton v. Kentucky Easter Seals Soc’y, Inc., 413 S.W.3d 901, 908 (Ky. 2013) and Dick’s Sporting Goods, Inc. v. Webb, 413 S.W.3d 891, 900 (Ky. 2013). Pilot’s proposed jury instructions, on the other hand, were based on Palmore’s § 24.11, entitled “Liability of Possessor to Invitee; Invitee Status Dependent on Place of Accident.”
707. JOHNSON V. ARMSTRONG TRANSFER AND STORAGE
Arbitration.
Since the instant matter was submitted to our court, the Supreme Court of the United States has affirmed the First Circuit Court of Appeals in New Prime Inc. v. Oliveira, ___ U.S. ___, 139 S.Ct. 532, 202 L.Ed.2d 536 (2019). Therein, the Supreme Court held: [t]he Federal Arbitration Act requires courts to enforce private arbitration agreements. But like most laws, this one bears its qualifications. Among other things, § 1 says that “nothing herein” may be used to compel arbitration in disputes involving the “contracts of employment” of certain transportation workers. 9 U.S.C. § 1. Since the instant matter was submitted to our court, the Supreme Court of the United States has affirmed the First Circuit Court of Appeals in New Prime Inc. v. Oliveira, ___ U.S. ___, 139 S.Ct. 532, 202 L.Ed.2d 536 (2019). Therein, the Supreme Court held:
” [t]he Federal Arbitration Act requires courts to enforce private arbitration agreements. But like most laws, this one bears its qualifications. Among other things, § 1 says that “nothing herein” may be used to compel arbitration in disputes involving the “contracts of employment” of certain transportation workers. 9 U.S.C. § 1.”
713. JENKINS (JUANITA EPPERSON) VS. DICKSON (HON. VANESSA) OPINION AND ORDER DISMISSING
Real party interest. Jenkins failed to name the co-executrices of the decedent’s estate as the real parties in interest in the circuit court action and in thenotice of appeal herein. This procedural flaw is fatal to Jenkins’ appeal.
MINUTES WITH LINKS TO FULL TEXT OF ALL DECISIONS.
