There were no decisions / minutes from the Supreme Court for January, 2018.  Here are those for February 2018.

A complete list of the minutes for all published and non-published decisions are further down the page, but we highlight selected published decisions (with direct links to their full text), attorney disciplinary matters (with links), and grants of discretionary review (no links) from the November 2017 Minutes of the Supreme Court of Kentucky.

Selected Published Decisions

01.   Private right of action.
In Re: Logan  Hickey v. General Electric Company
Questions Presented: A plaintiff may bring a private right of action under KRS 446.070 against an employer for an alleged violation of KRS 341.990(6)(a), Kentucky’s criminal prohibition against making false statements during unemployment proceedings.

02. Criminal Law.  Murder.
Hilton v. Commonwealth of Kentucky 
Questions Presented:  Murder, First-degree Assault, Second-degree Assault, Operating a Motor Vehicle Under Influence of Alcohol which impairs driving ability, PFO I – Life Imprisonment. Trial court did not abuse its discretion in refusing to grant a change of venue; in admitting defendant’s incriminating statement; in denying the request for a mistrial; in refusing to grant a continuance; or in failing to remove jurors for cause. It was harmless error in this case for the trial court to permit testimony about what would constitute an appropriate sentence for the crimes

3.  Criminal Law. Fourth Amendment. Traffic stop.  License Plate Reader.
Traft v. Commonwealth of Kentucky 
Questions Presented:  The police have reasonable suspicion to conduct a traffic stop based solely on a license plate reader alert indicating that the owner of a vehicle has a pending warrant.

4.  Board of Claims. Post-judgment Interest on Award.
Commonwealth of Kentucky, Justice and Public Safety Cabinet v. Gaither
Questions Presented:  Whether and when interest may accrue on an award made by the Board of Claims.

5.  Murder, Criminal Attempt to Commit Murder-Life without the possibility of Parole.
Huddleston v. Commonwealth of Kentucky
Questions Presented:     Overruling Perdue v. Commonwealth, parole eligibility information is admissible during the capital sentencing phase of the trial; its exclusion in this case was harmless error. Commonwealth’s introduction during the guilt phase of evidence of other crimes committed by the defendant against the victim’s family was properly. Trial court did not err in admitting the testimony of a witness who was three years old at the time of the crimes and six years old at the time of the trial.

6.  Workers’ Compensation.
Groce v. Vanmeter Contracting Inc.
Questions Presented: Employer’s settlement of KOSHA citations was not dispositive of the KRS 342.165(1) safety violation issue. Administrative Law Judge determined from the evidence that the employer did not violate employee safety regulations.

7.  Criminal Law.Incest, first-degree unlawful transaction with a minor, use of a minor in a sexual performance, first-degree unlawful imprisonment, and first-degree sexual abuse-70 years.
Yates v. Commonwealth of Kentucky
Questions Presented: eindictment and retrial for unlawful transaction with a minor and sexual abuse did not violate the proscription against double jeopardy. Where the new charges added after a successful appeal were based on no new evidence or testimony, and the Commonwealth’s reasoning for adding the new charges was contradicted by its strategy during the first trial, there was a reasonable likelihood of prosecutorial vindictiveness meriting dismissal of the new charges.

8.  Criminal Law.  Manslaughter.  PFO.
Brown v. Commonwealth of Kentucky

9.  Criminal Law. Traffic Stop.  Collective Knowledge Doctrine.
Commonwealth of Kentucky  v  Blake

10.  Criminal Law.  Jury instructions. Wanton Endangerment and Self-defense.
Commonwealth of Kentucky v. Caudill

11.  Torts. Dog Bite Law. Application of KRS 258.235(4).
Maupin v. Tankersley
Questions Presented: Strict liability and negligence principles in a case involving unconfined dogs in a rural setting

12.  KRS 15.520. Kentucky Law Enforcement Foundation Program. Due Process. Termination of deputy sheriff.
Elliott v. Lanham

13.  Criminal Law. Post-Verdict Guilty Plea. Waiver of Appeal. 
Commonwealth of Kentucky v. Patton

Attorney Discipline

 

Court Orders Granting Motion for Discretionary Review

  • THE FEDERAL MATERIALS COMPANY V. COMMONWEALTH OF KENTUCKY, FINANCE AND ADMINSTRATION CABINET, ET AL.
    2017-SC-000153-DG FRANKLIN
  • RICHARD C. OLIPHANT, M.D., ET AL. V. BILLIE JO RIES, ET AL.
     2017-SC-000208-DG JEFFERSON
  • COMMONWEALTH OF KENTUCKY V. JAMES E. RIKER, JR.
    2017-SC-000483-DG FAYETTE
  • MEREDITH L. LAWRENCE, ET AL. V. BINGHAM, GREENEBAUM, DOLL, L.L.P., ET AL.
    2017-SC-000531-DG GALLATIN
  • KEITH RANDALL SPARKMAN, D/B/A IN-DEPTH SANITARY SERVICE GROUP V.  CONSOL ENERGY, INC., ET AL.
    2017-SC-000541-DG KNOTT
  • LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT V.  JUSTIN T. MOORE 2017-SC-000555-DG FAYETTE
  • COMMONWEALTH OF KENTUCKY V.  MICHAEL JOSEPH JAMES 2017-SC-000576-DG HENDERSON
  • CABINET FOR HEALTH AND FAMILY  SERVICES, COMMONWEALTH OF KENTUCKY, ETC. V.  R. S., ET AL.
    2017-SC-000587-DG CLARK
  • COMMONWEALTH OF KENTUCKY V.  TERRANCE ARMSTRONG
    2017-SC-000602-DG KENTON
  • MICHAEL PADGETT V. COMMONWEALTH OF KENTUCKY
    2017-SC-000661-DG DAVIESS

Here is a link to the indexed minutes for the Supreme Court of Kentucky at their official web site.

Here is link to the Kentucky Court Report’s archived minutes for the Supreme Court.

This month’s minutes of the published and not to be published decisions, disciplinary matters, discretionary reviews granted and denied, petitions for hearing requested and denied, and more are as follows.  Use the scroll arrows at the bottom left of the PDF document to scroll through the pages.