PUBLISHED DECISIONS:

135.  Torts. Defamation lawsuit and application of judicial statements privilege from deposition, expert testimony and the absolute privilege from medical grievance proceedings
Kinney, MD v. Maggard, MD
Held the judicial statements privilege applies to statements Dr. Kinney made in the deposition preceding the Harless trial and to his testimony as an expert witness during the trial itself. Absolute immunity applies equally to the entirety of the KBML proceedings—from filing of the grievance through closure of the matter by the KBML. Therefore, on remand, any count based exclusively on statements made by Dr. Kinney in connection with a judicial or disciplinary hearing must be dismissed.

138.  Family Law.  De factor custodians and unmarried couple.
Garvin v. Krieger

140.  Family Law.  Grandparent visitation.
Goodlett v. Brittain
Held findings not sufficient for aware of grandparent visitation.

142.  Torts. Unlawful invasion of privacy of the right of sepulture and mishandling and mutilation of corpse; tortious interference with contract; intentional infliction of emotional distress.  Family dispute over what to do with decedent.
HARROD V. CANEY

144.  Criminal Law.  Shock probation.
Commonwealth of Kentucky  v. Martin

146.  Criminal Law.  Error in sentencing.
Evans v. Commonwealth of Kentucky 

147.  Family Law.  Marital separation agreement and unconscionabe.
Mays v. Mays
Whether the Oldham Family Court abused its discretion when it declined to set aside the parties’ marital separation agreement as unconscionable. We affirm in part, reverse in part, and remand for additional proceedings as explained herein.

150.  Writ of mandamus against judge claiming retroactively applied DUI law was error.
Phillips v. Judge Delahanty

151.  Affirmed denial of writ of mandamus and prohibition against district court judge DUI.
Commonwealth of Kentucky  v. Judge Wheeler

No selected cases that were not designated for publication in tort, insurance and civil law.

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You will find the complete list of this week’s decisions below with number, names of parties, case number, lower court (eg., county), etc. with a hot link to the full text of the decision.  Please note that you will have to check Case Information for each decision for finality (if not already marked on first page of decision after publication), amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.   Click Court of Appeals Minutes for entire listing of weekly minutes.

All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority.  See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would adequately address the issue before the court. Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)