27 appellate decisions were post with 5 decisions have designated for publication by the Kentucky Court of Appeals for March 17, 2017.
Here are direct links to each of the published cases:
238. Administrative Law Request for Adjustment to Medicaid Reimbursement Rate
Northern Kentucky Mental Health Mental Retardation, Inc. v. Commonwealth of Kentucky, Cabinet for Health and Family Services
Court of Appeals Published Opinion REVERSING AND REMANDING – Franklin County
246. Contracts. Claim for reimbursement of unpaid real estate commissions.
Miniard v. L.G.S. Holdings, LLC
Court of Appeals Published Opinion AFFIRMING- Jessamine
249. Zoning. Cell towers.
Robbins v. Lexington Fayette Urban County Planning Commission
Court of Appeals Published Opinion AFFIRMING – Fayette
250. Qualified official immunity. Not given for ministerial duty during police pursuit.
City of Brockville v. Warner
Court of Appeals Published Opinion AFFIRMING – Bracken
251. Criminal Law. Withdrawing guilty plea
Banton v. Commonwealth of Kentucky
Court of Appeals Published Opinion AFFIRMING – Boone
257. Criminal Law. Possession of dangerous contraband.
Commonwealth of Kentucky v. Kenley
Court of Appeals Published Opinion REVERSING AND REMANDING -Fayette
264. Interpersonal protective order. Stalking.
Calhoun v. Wood
Court of Appeals Published Opinion AFFIRMING – Hancock
Selected cases that were not designated for publication in tort, insurance and civil law.
None selected.
All decisions regardless of publication are posted and can be read, but those decisions designated not for publication cannot be cited as legal authority. See, KRCP 76.28(4)(c)(“Opinions that are not to be published shall not be cited or used as binding precedent in any other case in any court of this state; however, unpublished Kentucky appellate decisions, rendered after January 1, 2003, may be cited for consideration by the court if there is no published opinion that would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 Opinions cited for consideration by the court shall be set out as an unpublished decision in the filed document and a copy of the entire decision shall be tendered along with the document to the court and all parties to the action.”)
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, amendments, rehearing, or other matters including motions for discretionary review (MDR) filed with the Supreme Court of Kentucky.
For links to all our posts on the minutes of the Court of Appeals, then click here.
For the index to archived minutes at the official AOC page, then click here.
