Second Laurel County Courthouse. Completed in 1885. Louisville architects H.P. McDonald; built by John W. Mullins at cost of $16,350. This courthouse was destroyed by fire on Dec. 9, 1958.
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 organized as monthly posts.
This month’s minutes of the published and not to be published decisions, disciplinary matters, discretionary reviews granted and denied, petitions for hearing requested and denied, and more, are as follows:
Published decisions–
56. Punitive Damages.
Saint Joseph Healthcare, Inc. vs. Larry O’Neil Thomas
Supreme Court of Kentucky Published Opinion AFFIRMING COA
Questions Presented: Punitive Damages. KRS 411.184. Issues include whether or not physicians whom the hospital alleges are independent contractors are considered as employees of the hospital for the purpose of assessing punitive damages under the provisions of the federal Emergency Medical Treatment and Active Labor Act (EMTALA), whether an award of punitive damages was so excessive as to constitute a denial of federal Constitutional due process, and the interplay between the EMTALA and KRS 411.184.
57. Administrative Law.
Jerry Jamgotchian vs. Kentucky Horse Racing
Supreme Court of Kentucky Published Opinion AFFIRMING
Questions Presented: Administrative Law. Constitutional Law. The question presented is whether “claiming jail” regulation 810 KAR 1:015 § 1(6) is unconstitutional as violative of the “dormant” Commerce Clause of the United States Constitution.
58. Retaliatory Discharge.
John Charalambakis vs. Asbury University
Supreme Court of Kentucky Published Opinion AFFIRMING
Questions Presented: Employment Law. Retaliatory Discharge. Issues include the propriety of recovery for retaliation absent an underlying violation of the Kentucky Civil Rights Act.
59. Criminal Law.
Stephen Williams vs. Commonwealth of Kentucky
Supreme Court of Kentucky Published Opinion AFFIRMING
Questions Presented: Murder, first-degree burglary, and tampering with physical evidence-Life without the possibility of parole for 25 years. First-degree burglary conviction affirmed where the evidence showed the defendant remained unlawfully in the victim’s residence and, after the shooting, left with a shotgun. Unanimous verdict. Sufficient evidence of tampering with physical evidence. Commonwealth’s error in failing to give notice of a witness testifying at a co-defendant’s trial, in the admission of hearsay testimony and in failing to test for gun-shot residue did not warrant reversal of the case.
60. Wills and Estates.
John Wesley Bays vs. Kristie D. Kiphart, Trustee
Supreme Court of Kentucky Published Opinion AFFIRMING
Questions Presented: Wills. Renunciation. Fraud on Curtesy Rights. May life insurance be “surplus property” under KRS 392.020?
61. Criminal Law. Death Penalty.
Karu Gene White vs. Commonwealth of Kentucky
Supreme Court of Kentucky Published Opinion AFFIRMING IN PART, REVERSING IN PART AND REMANDING
Questions Presented: Death Penalty. Post Conviction. Intellectual Disability Claim. Case remanded to the trial court to order the Kentucky Correctional Psychiatric Center (KCPC) to perform a psychological evaluation of Mr. White.
62. Criminal Law. Burglary.
Curtis McGruder vs. Commonwealth of Kentucky
Supreme Court of Kentucky Published Opinion AFFIRMING IN PART, REVERSING IN PART, AND REMANDING
Questions Presented: First-degree burglary, Receiving Stolen Property in excess of $500 and PFO 2nd– 20 years. First-degree burglary conviction reversed where the defendant was found in possession of a small hatchet, not legally a deadly weapon.
63. Family Law. Child support. Disability. Deviation.
Michelle Carver (Butler) vs. Lance G. Carver
Supreme Court of Kentucky Published OpinionAFFIRMING IN PART, REVERSING IN PART, AND REMANDING
Questions Presented: Artrip v. Noe, 311 S.W.3d 229 (Ky. 2010). Issues include: (1) whether the trial court committed reversible error by failing to follow Artrip, which holds that disability payments made to a child because of one parent’s disability cannot be used to reduce the child support obligation of the other parent; and (2) whether the trial court properly deviated from the child support guidelines due to the disabled father’s living expenses.
64. Insurance. Kentucky Motor Vehicle Reparations Act. UM/UIM/PIP
Allstate Ins. Co. vs. Craig T. Smith
Supreme Court of Kentucky Published Opinion REVERSING
Questions Presented: Insurance. MVRA. KRS 304.20-040(13) “Notice of First Renewal” Requirement. The question is whether, although the insured never requested or paid any premium for optional KRS 304.39-320 underinsured motorist coverage, the insurer adequately complied with the KRS 304.20-040(13) “notice of first renewal” requirement of “a notice stating in substance that added uninsured motorists, underinsured motorists, and personal injury protection coverages may be purchased by the insured.”
65. Criminal Law. Ineffective Assistance of Counsel
Commonwealth of Kentucky vs. David McKee
Supreme Court of Kentucky Published Opinion REVERSING
Questions Presented: Criminal Law. RCr 11.42. Ineffective Assistance of Counsel. Issues include whether the defendant met his burden of proving prejudice under RCr 11.42 when he alleged that: (1) counsel failed to obtain evidence prior to trial; and (2) the evidence may have allowed the defense’s accident reconstructionist to provide a favorable opinion regarding the cause of the fatal accident.
66. Criminal Law. Criminal Syndicate.
Commonwealth of Kentucky vs. Caton Kamil Jones
Supreme Court of Kentucky Published Opinion REVERSING
Questions Presented: Does evidence of organizing and funding “credit mules” to procure discounted cell phones for resale (with no intent to fulfill the two-year contracts) suffice to present a jury question of engaging in organized crime as proscribed by KRS 506.120?
67. Family Law. Child support. Income exceeding Guidelines.
Rebekah McCarty vs. Kenneth Faried
Supreme Court of Kentucky Published Opinion REVERSING
Questions Presented: Whether the trial court properly included projected expenses in the child’s reasonable needs when establishing an initial child support order for a high income parent.
68. Criminal Law. Police Questioning of a Defendant Represented by Counsel on Other Charges.
Sherman Keysor vs. Commonwealth of Kentucky
Supreme Court of Kentucky Published Opinion REVERSING and REMANDING
Questions Presented: Issues involve the impact of Montejo v. Louisiana, 556 U.S. 778 (2009) (overruling Michigan v. Jackson, 475 U.S. 625 (1986)) upon Kentucky cases dating back to Linehan v. Commonwealth, 878 S.W.2d 8 (Ky. 1994).
69. Kentucky Civil Rights Act. KRS 344.270. Election of Remedies.
Janet Owen vs. University of Kentucky
Supreme Court of Kentucky Published Opinion REVERSING AND REMANDING
Questions Presented: Election of Remedies. Whether an employee who receives an order of dismissal from the Kentucky Commission on Human Rights and does not appeal from that order may subsequently file a lawsuit in circuit court based on the same claim. KRS 344.270.
70. Family Law. Domestic Relations. Grandparent Visitation.
Larry Massie vs. Deborah Navy
Supreme Court of Kentucky Published Opinion REVERSING AND REMANDING
Questions Presented: Issues include the applicability of Walker v. Blair, 382 S.W.3d 862 (Ky. 2012) and the “modified best interests” standard when a child’s custodians are a paternal uncle and aunt.
Selected tort, insurance and procedural decisions designated not to be published.
85. Appeals. Supersedeas Bond’s Adequacy and Writ of Prohibition Barring Sale of Property.
Roger Stamper, Trustee, vs. Hon. Linda Rae Bramlage, Judge
Attorneys practice family law might find this case interesting as funds dissipated and hidden during trust were tracked down.
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