May 2, 2014 Minutes for Court of Appeals

This weeks Court of Appeals decisions numbered 371-389 with 19 decisions; 2 published.  The two published cases were No; 375 Hinchey v. Commonwealth of Kentucky from Graves County (criminal law) and No. 384 Spalding v. Marion County Board of Education out of Marion County (employment).

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PUBLISHED DECISIONS:

375 Hinchey v. Commonwealth of Kentucky
COA Published 5/2/2014
MAZE, JUDGE: Eric Hinchey appeals from a judgment of conviction by the Graves Circuit Court following a jury trial. He argues that the trial court erred by denying his motion to suppress evidence seized from his vehicle following his arrest, and by denying his motion to dismiss at least one of the charges of possession of a handgun by a convicted felon. On the first issue, we agree with the trial court that the items were properly seized under a valid exception to the warrant requirement. But on the second issue, we conclude that double jeopardy and KRS 505.020(1)(c) prohibit Hinchey’s conviction for multiple counts of possession of a handgun by a convicted felon which arise from a single course of conduct. Hence, we affirm in part, reverse in part, and remand for entry of a new judgment and sentence.

384 Spalding v. Marion County Board of Education
COA Published 5/2/2014

VANMETER, JUDGE: Martha Spalding appeals from the Marion Circuit Court order granting summary judgment in favor of the Marion County Board of Education and Donald Smith, in his official capacity as Superintendent of the Marion County Schools (hereinafter collectively referred to as “Board”) and denying Spalding’s cross-motion for summary judgment. The trial court held that Spalding’s position as Family Literacy Instructor with the Board was that of a “classified employee,” rather than a “certified employee,” and resolved Spalding’s request for declaration of rights accordingly. Implicit in the trial court’s ruling was also a denial of Spalding’s claim that the Board was equitably estopped from denying that Spalding was a “certified employee.” Based on our review of the record, we believe a genuine issue of material fact exists concerning Spalding’s equitable estoppel claim and therefore reverse this portion of the trial court’s order. On remand, Spalding is entitled to a factual determination as to the applicability of equitable estoppel in this case.
TORT REPORT
Malicious Prosecution
372 Lindle vs. Fifth Third Bank
COA NPO 5/2/2014

NICKELL, JUDGE: Wanda Lindle has appealed from the October 28, 2011, order of the Hopkins Circuit Court granting summary judgment in favor of Fifth Third Bank, Jessica Wicker and Sharon Moore on her claim of malicious prosecution. Following a careful review, we affirm.

Dec action on insurance policy exclusion
385 Hank Investments vs. Century Surety Co.
COA NPO 5/2/2014

 

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