Here are the decisions announced and posted by the Court of Appeals in their weekly minutes.  Please note that you will have to check Case Information for each decision for finality, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.

Published Court of Appeals Decisions
Here are the links to the full text of each published case for this week with a short synopsis.

553.  Zoning.  Conditional Use Permit.
Harrison Silvergrove Property  Llc V. Campbell County
Court of Appeals Published Opinion AFFIRMING Campbell Cir Ct
ACREE, JUDGE: Appellants Harrison Silvergrove Property, LLC a/k/a Harrison Silvergrove, LLC and Carlisle & Bray Enterprises, LLC a/k/a Carlisle & Bray Enterprises (collectively, C&B 1 ) appeal from a Campbell Circuit Court order affirming the Appellee Campbell County and Municipal Board of Adjustment’s (Board) denial of C&B’s application for a conditional-use permit. We affirm.

555.  Criminal Law. Motion to discontinue representation on conflict of interest.
Murchison v. Commonwealth of Kentucky
Court of Appeals Published Opinion REVERSING Mason Cir Ct Order Denying Defense Counsel’s motion to withdraw for conflict of interest

D. LAMBERT, JUDGE: Appellant, Brian Keith Muchrison, appeals from a verdict and judgment of conviction entered by the Mason Circuit Court following a jury trial. Having reviewed the record, we reverse.

The trial court’s ruling diminishes the fact that trial counsel’s original source of information, which he would later need in order to effectively represent another client, was a confidential communication with his client. Further, the identity of the confidential informant was exactly that—confidential—until such time as the Commonwealth made it a matter of public record mere hours before trial. The trial court also clearly recognized the potential presence of a conflict of interest; otherwise the order for trial counsel to discontinue representation of Trent served as a completely moot gesture.

That Muchrison’s trial counsel was able to find a different line of questioning to establish Suister’s motive to fabricate a narcotics transaction is immaterial. The conflict manifested itself the instant trial counsel was forced by his obligations to Trent to search for such alternative line of questioning. The ethical dilemma placed on trial counsel by the trial court’s ruling limited his ability to cross-examine a critical witness, and thus deprived him of the right to effective counsel.

This Court thus concludes that the trial committed reversible error in failing to permit Muchrison’s trial counsel to withdraw.

565.  Real estate.  Mortgage and lien release.  Limited powers of attorney and subservicers and “Piggy bag” POAs
Select Portfolio Servicing Inc. v. Blevins
Court of Appeals Published Opinion REVERSING AND REMANDING Fayette Cir Ct Order in Declaratory Judgment Action regarding county clerk and limited powers of attorney

566.  Intrafamily loans and school loans
Chin v. Chin
Court of Appeals Published Opinion AFFIRMING Montgomery Cir Ct.

Selected Non-Published Decisions Dealing with tort, insurance and civil procedure:

568.  Civil Procedure.  Interlocutory appeal and continuing jurisdiction.
Hill v. Bryant
COA Not to Be Published Opinion AFFIRMING Order that failure to file interlocutory appeal within 30 days did not divest circuit court of jurisdiction to readjudicate order

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