Louisville City Hall (Old) on 601 W. Jefferson Street. Photo taken by Michael Stevens using Canon 60D. I thought the cloud pattern, coupled with the lights produced an interesting contrast. The hard part was to get the right settings to allow the night lighting to show off the structure with a sufficient exposure for the clouds, taken on the evening of Thursday, March 19, 2015.
No decisions were announced last wee for March 6, 2015. However, the Kentucky Court of Appeals made up for it this week when they announced announced 38 decisions on March 13, 2015, with five (5) of their opinions designated to be published.
For those who wonder what is the difference between a decision designated “to be published” and those that are designated “not to be published”, I refer you to Kentucky Rules of Civil Procedure, CR 76.28(4)(c), which says:
Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action (emphasis added).
Here are quick links to the five published decisions from this week with a short squib on decision:
- 182. Samuels v. Commonwealth of Kentucky
Criminal Law
JONES, JUDGE: This case arises out a decision from the McCracken Circuit Court finding that the Appellant, Darryl M. Samuels, did not raise an actual conflict of interest at trial. We AFFIRM, but for a different reason than articulated by the trial court. - 185. William Northington vs. Commonwealth of Kentucky
Criminal Law
JONES, JUDGE: This matter is before us following Appellant William Northington’s conditional guilty plea entered in Jefferson Circuit Court. As part of his plea, Northington reserved the right to appeal the circuit court’s denials of his pretrial suppression motions. For the reasons more fully explained below, we AFFIRM IN PART, VACATE IN PART and REMAND for an evidentiary hearing complete with findings of fact with regard to victim Joshua Melton’s identifications of Northington. - 200. Brian McClure vs. Commonwealth of Kentucky
Criminal Law
MAZE, JUDGE: Appellant, Brian McClure, appeals from an order of the Powell Circuit Court revoking his probation. Having reviewed the record and the relevant law in this case, we conclude that the trial court’s order revoking McClure’s probation lacked an essential finding. Therefore, we must remand. - 211. Wendy Hanawalt vs. Thomas J. Brown
Workers Compensation
MAZE, JUDGE: Wendy Hanawalt (Hanawalt) petitions for review of an opinion by the Workers’ Compensation Board (Board) which affirmed an order by the Administrative Law Judge (ALJ) dismissing her workers’ compensation claim against J. Thomas Brown and Karen Brown, d/b/a/ Wild Rose Equestrian Center (Wild Rose). Hanawalt argues that the ALJ and the Board erred in finding that Wild Rose is subject to the “agricultural exemption” from coverage under the Workers’ Compensation Act. We find that the ALJ and the Board correctly applied the exemption to Wild Rose’s operations. Consequently, the ALJ properly dismissed the claim. Hence, we affirm. - 219. Tammy Holt vs. James R. Holt
Family Law – DVO
JONES, JUDGE: This appeal arises from an order of the Bullitt Circuit Court, Family Division, granting Appellee James R. Holt (“James”) a domestic violence order (“DVO”) against Appellant Tammy Holt (“Tammy”). Tammy argues that the Bullitt Family Court lacked jurisdiction to enter the DVO because James was a resident of Nelson County. In the alternative, Tammy argues that there was insufficient evidence to support entry of the DVO against her and that the Bullitt Family Court did not conduct a “meaningful hearing” before entering the DVO. For the reasons more fully explained below, we AFFIRM.
Click here for links to all the archived AOC Court of Appeals minutes
Click here for all of a listing of our 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).
For the complete set of this week’s minutes listed all decisions (published and not to be published) with links to the full text of each at the AOC, the continue reading below:
[gview file=”https://kycourtreport.com/wp-content/uploads/2015/03/MNT03132015.pdf”]
