SELECTED PUBLISHED DECISIONS.

In Re: Kentucky Employees Retirement System and Board of Trustees of Kentucky Retirement Systems v. Seven Counties Services, Inc. 
Seven Counties Services, Inc.’s participation as a department in, and its contributions to the Kentucky Employees Retirement System are based on a statutory obligation. 

Gregory Q. Posey v. Commonwealth of Kentucky 
Murder. Convicted felon in possession of a handgun-Life. Trial court did not err in failing to instruct on extreme emotional disturbance or in failing to admonish the jury not to consider defendant’s prior threatening messages. Use of prior conviction records. 

TRENTON EASTERLING V. COMMONWEALTH OF KENTUCKY 
Murder-30 years. Trial court properly refused to suppress portions of a videotaped conversation between defendant and family members that took place in an interrogation room shortly after he was arrested. KRS 526.020. Motions for a mistrial, a new trial and to prohibit introduction of photos were properly denied. 

STEVE MELTON, ET AL. V. DONNIE S. CROSS
Real Property. Prescriptive Easements. Evidence. Hearsay Rule. KRE 801A(c)(2). Admission-by-privity, predecessor’s-in-interest hearsay exception. 

SAMUEL WETHERBY V. AMAZON.COM
Workers Compensation. Sufficiency of ALJ’s findings in assessing claimant’s impairment rating. Because work injury resulted in impairment to a different part of claimant’s spine than the prior injuries, ALJ correctly limited her discussion of Finley. 

UNIVERSITY OF LOUISVILLE AND RUBY D. FENTON V.
HON. AUDRA J. ECKERLE, JUDGE, 
Writ of Prohibition. Grievance Proceedings. Discovery. Legal representation and application of the attorney-client privilege. Work-product privilege 

JACKIE LUCAS V. HON. JUDITH E. MCDONALD- BURKMAN, JUDGE
Writ of Prohibition. Discovery. Spousal testimony privilege-KRE 504(a). Marital communications privilege-KRE 504(b). 

GEOFFREY HAMPTON V. INTECH CONTRACTING, LLC., 
Workers Compensation. Motion to Reopen. Partial Summary Judgment. CR 54.02 finality language. Appeal of interlocutory order denying immunity. 

WILLIAM M. LANDRUM III., IN HIS 2OFFICIAL CAPACITY AS SECRETARY TOF THE FINANCE AND ADMINISTRATION CABINET V. COMMONWEALTH OF KENTUCKY EX. REL. ANDY BESHEAR, ETC., 
Attorney General’s power to enter into contingency fee agreements.

ASHLAND HOSPITAL CORPORATION D/B/A KING’S DAUGHTERS MEDICAL CENTER V. PAUL WESLEY LEWIS, M.D., ET AL. AND PAUL WESLEY LEWIS, M.D.V. BOYD DAVID SHACKELFORD, ET AL. 
Medical Negligence. Summary Judgment. Expert opinion evidence necessary to demonstrate causation. Summary judgment for insufficient evidence is to be reviewed de novo on appeal. Res ipsa loquitor exception does not apply to this case. 

GARY D. WARICK V. COMMONWEALTH OF KENTUCKY
Evidence. Suppression. Standing. Extension of DUI Stop. Driver had standing to seek suppression of evidence found by a search dog in a grassy area near the vehicle, after the purpose for the stop for a possible DUI had been accomplished. 

Selection Decisions NOT For Publication.

JEFFREY A. STREEVAL V. HON. BRIAN EDWARDS, JUDGE, JEFFERSON CIRCUIT COURT 
Independent Medical Examinations under CR 35. Jeffrey A. Streeval appeals from the Court of Appeals’ denial of his petition for a writ to prohibit the enforcement of an order issued by Judge Brian C. Edwards of the Jefferson County Circuit Court compelling Streeval to appear for an independent medical examination pursuant to CR1 35.01. We affirm the Court of Appeals.

A complete list of AUGUST 2019 Kentucky Supreme Court Minutes includes

  • all published and non-published decisions (with direct links to their full text),
  • attorney disciplinary matters (with links), and
  • grants of discretionary review (no links) from this month’s Minutes of the Supreme Court of Kentucky. In case these minutes are not popping up for some reason, here is a direct link to the monthly minutes for the Supreme Court at the AOC Website.  Click here.