DISCRETIONARY REVIEW GRANTED 4/18/18 

Hayes v. D.C.I. Properties-D KY, 2017-SC-340-DG 

Torts. Personal Injury. Trespasser. Attractive Nuisance. Issues include whether the 16-year-old plaintiff can recover for injuries sustained when he trespassed on the defendant’s construction site. 

Bryant v. Louisville Metro Housing Authority, 2017-SC-367-DG 

Governmental Immunity. Torts. Negligence. Issues include whether Louisville Metro Housing Authority is entitled to governmental immunity from the plaintiff’s claims related to her child’s shooting death at a housing authority apartment. 

McAlpin v. Commonwealth, 2018-SC-87-DG 

Criminal Law. Constructive Possession of a Controlled Substance. Unanimity of a Verdict. The issue is whether language of a jury instruction violated the unanimity requirement, when the evidence gathered in the search of an apartment was allegedly only constructively possessed by the defendant. 

Cabinet for Health and Family Services, Commonwealth of Kentucky on Behalf of the Minor Child, C.R. v. C.B., 2018-SC-92-DGE 

KRS 600.020(1). Dependency, Neglect and Abuse. Custody or Control. The issue is whether a parent, who is a drug addict who had periods where he was not compliant with his case plan with the Cabinet, must have custody or control of a child before there can be a finding of abuse or neglect. 

DISCRETIONARY REVIEW GRANTED WITHOUT ORAL ARGUMENT 4/18/18 

Hagan v. Commonwealth, 2018-SC-84-DG 

Appeals. Indispensable Party. Condemnation. Dower. The issue in this case is whether a party with only a dower interest in property which is sought to be condemned, was properly deemed to be an indispensable party to an appeal from a final order and judgment awarding compensation to several property owners. 

May v. Harrison, 2018-SC-11-DGE 

Family Law. Visitation. Issues involve the use of a KRS 403.290(1) in camera interview with a minor child to find facts supporting indefinite suspension of visitation with a mother’s minor children. 

DISCRETIONARY REVIEW GRANTED WITHOUT ORAL ARGUMENT 2/7/18 and CROSS MOTION GRANTED WITHOUT ORAL ARGUMENT 4/18/18 

Commonwealth v. James, 2017-SC-576-DG and (Cross-Motion) James v. Commonwealth, 2018-SC-66-DG 

Criminal Law. Constructive Possession. Directed Verdict. Tampering with Evidence. The issue in this case is whether the defendant was entitled to a directed verdict of acquittal on possession of a controlled substance when it could not be established that he had possessed or dropped a pipe containing meth residue which was found near another item which was dropped by the defendant, but which contained no drug residue. On cross-motion, the issue is whether the simple act of dropping evidence in plain view of the police was sufficient to satisfy the elements of the crime of tampering with evidence under KRS 524.100.