The Supreme Court of Kentucky announced a 17 decisions on September 18 , 2014, with 7 Kentucky Supreme Court opinions designated for publication; four attorney/judicial ethics and disciplinary matters; addressing; and five motions for discretionary review granted.
John Gill Weisiger Memorial Park Adjoining Constitution Square in Danville.
“The land embraced within this park, bounded by Main Street, First Street, Walnut Street, and Alleyway, was conveyed to the commonwealth of Kentucky as a gift by Miss Emma Weisiger, and accepted by the Governor of Kentucky on October 15, 1937, as a memorial to her brother John Gill Weisiger. Photo by Mike Stevens.
The published decisions are: Boone Creek Properties vs. Lexington-Fayette Urban County Government (Rebuttal presumption of irreparable harm in context of police powers); Robert Parker vs. Commonwealth of Kentucky (criminal procedure and applicability of Davis v. US,131 S.Ct. 2419 (2011) to vehicle search incident to person’s arrest; James Hedgepath v. Commonwealth of Kentucky (criminal procedure motion to suppress cell phone location, SUV, and cell phone contents); Anthony Spicer vs Commonwealth of Kentucky (double jeopardy in relation to conduct not representing two separate courses of action); Kentucky Uninsured Employer’s Fund vs. Julian Hoskins (workers complensation; relationship between the common law loaned servant doctrine and the employee leasing arrangements that are the subject of KRS 342.615); Patrick Darcy vs. Commonwealth of Kentucky (Joint trials of criminal defendants. Reconciling a defendant’s interest in a reasonable continuance of the joint trial with his codefendant’s asserted statutory right to a speedy trial under KRS 500.110); Fonda Morgan vs. Daniel Getter and A.G., A Child (Family Law. Child Custody. Guardian Ad Litem. Issue is whether a guardian ad litem may serve as both an advocate for a child and as a witness or advisor to the court in child custody cases).
Attorney disciplinary matters included: Charles David Keen; Jason Robert Gilbert; Cletus Maricle; and Steven O. Thornton (reinstated to practice law).
Opinion corrected in Phillip Tibbs, MC vs. Hon. Kimberly N. Bunnell (Order Corrected the Opinion of the Court by Justice Scott Rendered August 21, 2014, by Substitution of the Entire Opinion in Lieu of the Original. Entered: September 10, 2014).
Motions for discretionary review were granted in the following cases (for the denials of motions, see the minutes for this month): Cabinet for Health and Family Services v. JMG (2013SC000797, Fayette); Ruth Ann Sadler vs. Barbara Lois Van Buskirk (Fayette); Commonwealth of Kentucky vs. Adrian Parrish (Jessamine); Saint Joseph Healthcare, Inc. d/b/a/ Saint Joseph Hospital vs. Larry O’Neil Thomas as Adm’or of the Estate of James “Milford” Gray, deceased (Fayette); Kevin Addison vs. Lydia Addison (Hardin).
Each of the cases, whether published or not to be published, can be found in the official “minutes” below organized by number, parties, county, and links to the full text of each (with the published decisions’ issue noted as “questions presented.” I have highlighted in yellow those cases of interest to Kentucky and Louisville injury attorneys.
Here is an unusual entry, Angela Ellis Hunter vs. State Farm Mut. Auto. Ins. Co., 2014-SC000071, Order Granted Discretionary Review, Vacated the Court of Appeals’ Dismissal as Violative of Supreme Court Order 2012-07 and Remanded Back to the Court of Appeals. All Sitting. All Concur. Court of Appeals (2012CA001907) then “Order – on 9-10-14, Supreme Court of Ky Granted Appellant’s Motion for Discretionary Review in This Matter, Vacated This Court’s Order of Dismissal, and Remanded the Case for Further Proceedings on the Merits of the Appeal. in Light of This Decision, the Court Hereby Orders as Follows. Appellant’s Shall Be Filed on or Before 60 Days From This Date. All Further Briefing Shall Proceed in Accordance With the Schedule Set Forth in Cr 76.12(2)(A)”on 9/29/2014
Click here for links to all the archived Supreme Court of Kentucky minutes.
“Continue reading” for the Tort Report and a complete copy of this week’s minutes of ALL decisions with links to their full text.
The Tort Report – Selected decisions this week on tort, insurance and civil law – none.
[gview file=”https://kycourtreport.com/wp-content/uploads/2014/10/MNT092014.pdf”
