Published and Unpublished Decisions from the Supreme Court of Kentucky
December 20, 2012 Supreme Court Minutes
Nos. 178 – 191
7 Published
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PUBLISHED DECISIONS WITH LINKS TO FULL TEXT:
178. CRIMINAL LAW
Commonwealth of Kentucky v. Richard Eugene Derringer
Questions Presented:
“Certification of the Law. Whether a conviction for which a defendant is on diversion can be used to qualify for PFO status when he commits a subsequent offense.”
179. Statute of limitations
David Wave vs. Poma Glass Specialty Windows Inc.
Questions Presented:
Statute of Limitations. Judgments. Issues include how broadly to construe the word “execution” as used in KRS 413.090, the statute of limitations applicable to judgments.
180 CRIMINAL LAW
Stephen Poindexter vs. Commonwealth of Kentucky
Questions Presented:
Criminal contempt of court for failing to appear at a client’s arraignment.
181. CRIMINAL LAW
Christoper Steward vs. Commonwealth of Kentucky
Questions Presented:
Wanton Murder-28 years. On remand for a second sentencing phase. Successive representation. RCr 8.30. Videotaped testimony of witnesses was permitted at sentencing retrial where all the witnesses had testified at the guilt phase of the trial and had been available for cross examination.
182. Torts. Dram Shop.
Fort Mitchell Country Club v. Timothy LaMarre
Questions Presented:
Torts. Dram Shop Act. Issues include: whether statutory violations other than the sale of alcohol to a minor deprive a dram shop of the Act’s protection; and whether intent to hold intoxicated tortfeasors primarily liable and licensed alcohol sellers only secondarily liable survives Taylor v. King, 345 S.W.3d 237(Ky. App. 2010).
183. Legal Malpractice. Emotional Distress Damages.Brenda C. Osborne vs. Steven H. Keeney
Questions Presented:
Legal Malpractice. Emotional Distress. Damages. Issues include:
1. Whether a physical touching is still required for a Plaintiff to recover emotional distress damages;
2. Whether a Plaintiff may recover “lost punitive” damages in a legal malpractice claim;
3. Whether CR 8.01 limits the damages a Plaintiff may recover;
4. Whether and how a Plaintiff may file an Amended Complaint to include the Defendant’s insurance company;
5. Must the trial court instruct the jury on and must the jury make findings on the “case-within-a-case;”
6. Did the trial court err by using “should have realized” language in the fraud instruction, and
7. Did the Court of Appeals, by affirming in part and reversing in part, create an unconstitutional ratio between compensatory and punitive damages such that the punitive award is now excessive?
184. Child Abuse Registry Constitutionality.W.B. vs. Commonwealth of Kentucky Cabinet of Health and Family
Questions Presented:
“Constitutionality of Kentucky registry of substantiated child abusers.”
