Supreme Court of Kentucky announced 26 decisions on February 19, 2015, with 15 Kentucky Supreme Court opinions designated for publication. Six attorney/judicial ethics and disciplinary matters were announced. Six motions for discretionary review were granted.
Decisions:
1. Criminal.
Commonwealth of Kentucky vs. Shannandoah Carman
Published 2/19/2015; Jefferson County; Supervisory Writ
Issuance of Supervisory Writ, pursuant to Ky. Const. Sec. 110. Judges are prohibited from engaging in ex parte communications to change the conditions of a defendant’s release after the initial fixing of bail, such practice being a clear violation of SCR 4.300, Canon 3(B)(7).
14. Evidence.
Richard C. Oliphant, M.D. vs Billy Joe Ries
Published 2/19/2015; Jefferson County
Reversing and Remanding.
Issues include the standard of reversal for evidentiary errors and the application of Daubert v. Merrill Dow Pharmaceuticals, 509 U.S. 579 (1993) to scientific evidence.
A Jefferson Circuit Court jury rendered a verdict in favor of the defendants in this medical negligence case, and the circuit court entered a judgment consistent with that verdict. The Court of Appeals reversed that judgment, holding that the trial court improperly admitted into evidence testimony from an expert that was not scientifically reliable under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). Before us, Dr. Richard C. Oliphant and Louisville Physicians for Women, PLLC (collectively Dr. Oliphant), argue a number of issues; however, the majority of the issues arise from Dr. Oliphant’s contention that the Court of Appeals erred by substituting its findings for the trial court’s regarding the reliability of Dr. Goldsmith’s testimony. In the alternative, Dr. Oliphant argues that any error by the trial court was harmless. The Rieses argue to the contrary.
25. Writ. Venue.
John D. Sandlin IV vs. Hon. Verson Miniard, Jr., Judge
Not published; 2/19/2015; From Court of Appeals
Memorandum Opinion Affirming
The Appellant, John D. Sandlin, appeals the denial of his petition for a writ of prohibition to bar enforcement of an order transferring venue of his civil action against his insurer, Kentucky Farm Bureau, to another county. The Court of Appeals denied the petition. Sandlin has failed to show the availability of a writ in this case, and the order of the Court of Appeals is affirmed.
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