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.

517.  Boundary Dispute.
Wells v. C.W. Hoskins Heirs
Court of Appeals Published Opinion REVERSING & REMANDING Leslie Cir Ct Finding of Fact, Conclusions of Law and Judgment in bench trial in action to recover coal royalties from ICG for mined coal and evolved into boundary dispute.

519.  Criminal Law.  Cross Examination re pending visa application.
Romero-Perez v. Commonwealth of Kentucky
Court of Appeals Published Opinion AFFIRMING Fayette Cir Ct where criminal defendant appealed claiming he was denied his constitutional rights to cross-examination and to present a defense during his trial because the trial court refused to allow him to question one of the alleged victims, Gabriela Delarosa, about her pending U-Visa application.

524.  Elections.  Tax Recall Petition.
The Petition Committee v. Board of Education of Johnson County
Court of Appeals Published Opinion and Order REVERSING & REMANDING & DENYING MOTION TO DISMISS APPEAL (case out of Johnson County)

527.  Criminal Law. Motion to vacate conviction.
Stanfill v. Commonwealth of Kentucky
Court of Appeals Published Opinion AFFIRMING Calloway Cir Ct Order denying defendant’s motion to vacate conviction.

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

518.  Appeals (not preserving issue and conforming to CR 76.12(4)(c)(v)).  Torts (foreseeability of harm and special duty owed when releasing intoxicated person who injured others)
Cohorn v. Carcamo
COA Not to Be Published Opinion AFFIRMING Woodford Cir Ct Order dismissing claims of the estate for wrongful death

Click here for links to all the archived AOC Court of Appeals minutes at the web site for the Administrative Office of the Courts.

Click here for a listing of the Kentucky Court Report’s posts of the weekly COA minutes (or you can always access these within the KCR web site at the uppermost dropdown menu option for the Court of Appeals).

AOC version of this week’s decisions can be accessed by clicking here.

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