Kentucky Supreme Court Decisions 2016

Justia Opinion Summary: Appellant was convicted of first degree robbery, first degree assault, reckless homicide, and tampering with physical evidence. Appellant was sentenced to a total sentence of twenty-five years. The Supreme Court affirmed…

Justia Opinion Summary: The circuit court dissolved the marriage of Husband and Wife and awarded Wife child support, reserving several other issues, including maintenance and property division, for later disposition. After those issues were…

Justia Opinion Summary: After a jury trial, Defendant was convicted of three counts of second degree assault, one count of fourth degree assault, and being a persistent felony offender in the second degree. The trial court sentenced Defendant…

Justia Opinion Summary: Plaintiff brought suit against Defendant, a general surgeon, alleging that Defendant negligently performed a surgical procedure known as an anastomosis. The jury returned a verdict in favor of Defendant. Plaintiff…

Justia Opinion Summary: Developer intended to develop real property into single-family residential lots and secured financing through Bank. Insurer provided a surety bond to the Planning and Zoning Commission. Insurer executed three Bond…

Justia Opinion Summary: After a jury trial, Defendant was convicted of manufacturing methamphetamine and first-degree trafficking in a controlled substance. Defendant was sentenced as a first-degree persistent felon to life in prison. The…

Justia Opinion Summary: Appellant was indicted for burglary. Appellant moved in limine to exclude from the evidence any testimony about a surveillance video that no longer existed. In place of the actual video recording, the Commonwealth…

Justia Opinion Summary: The Commonwealth charged Defendant with felony theft. Defendant was acquitted of the charge by a jury at the conclusion of his trial. The Commonwealth appealed, arguing that the trial judge erred in discharging the jury…

Justia Opinion Summary: Pennie and John DuBarry were divorced in 2013. Pennie was represented by Thomas Stone during the divorce proceedings. The family court entered a decree of dissolution incorporating a property settlement agreement. Stone…

Justia Opinion Summary: Shortly after leaving Liberty Place Recovery Center for Women, LLC, a substance abuse recovery program administered by Kentucky River Foothills Development Council, Inc., Melissa Steffen committed suicide. Steffen’s…

Justia Opinion Summary: Mary Smith was discharged from her employment with the Estill County Fiscal Court after complaining about working conditions. The Kentucky Occupational Safety and Health Review Commission found that the Fiscal Court’s…

Justia Opinion Summary: The circuit court entered an amended decree of dissolution dissolving the marriage of Husband and Wife and dividing the marital property. At issue in this appeal was the monthly disability benefits Husband received from…

Justia Opinion Summary: Eddie Ray Thomas, Jr. died from a heart attack while attempting to tow a truck from a roadside culvert. Eddie’s estate filed a claim for workers’ compensation benefits. During the proceedings, the estate offered various…

Justia Opinion Summary: Husband petitioned for dissolution of his marriage from Wife. Previous to filing this action, however, Husband was declared incompetent and Wife was appointed as his guardian and conservator. The trial court dismissed…

Justia Opinion Summary: Keeneland Association, Inc. entered into a contract with Appalachian Racing, LLC to preserve its interest in purchasing Appalachian Racing’s ownership of the racing track Thunder Ridge. Floyd County held bonds that were…

Justia Opinion Summary: After a jury trial in 1980, Appellant was convicted of three counts of capital murder, three counts of first-degree robbery, and one count of burglary. Appellant was sentenced to death for each of the murders. After he…

Justia Opinion Summary: Richard Tryon was injured by an underinsured motorist while driving his motorcycle. At the time of the accident, Tryon owed two automobiles insured with Encompass Indemnity Co. and Philadelphia Indemnity Insurance Co.…

Justia Opinion Summary: Appellant was convicted of theft by unlawful taking of property worth more than ten thousand dollars, second degree burglary, third degree burglary, and being a persistent felony offender in the second degree. The trial…

Justia Opinion Summary: Defendant was required to register as a sex offender in Michigan because he was adjudicated a juvenile delinquent for a sex offense. Defendant later moved to Kentucky, where he was charged with failing to register under…

Justia Opinion Summary: Robert Guernsey and Trustin Jones were indicted for murder and first-degree robbery. The Commonwealth subsequently filed a notice of intent to seek the death penalty against Guernsey and Jones, identifying murder…

Justia Opinion Summary: Appellant waived his right to indictment by a grand jury and agreed to enter a guilty plea based upon an information filed by the Commonwealth charging him with four counts of second degree burglary. Before Appellant…

Justia Opinion Summary: In 2015, the Louisville/Jefferson County Metro Government (Louisville Metro) enacted its own minimum wage ordinance for al employers within the Louisville Metro boundary. The ordinance required a higher wage than the…

Justia Opinion Summary: Ralph Goodwin was attending a convention at the Galt House, a hotel, when he was injured after slipping and falling as he was getting into the bathtub to take a shower. Goodwin filed suit, alleging negligence. In…

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree robbery and of being a first-degree persistent felony offender. Defendant appealed, arguing that the trial court violated his right to a public trial when it…

Justia Opinion Summary: Kentucky Oaks Mall Co. (the Mall) Owend a commercial real estate development in Paducah. SM Newco Paducah, LLC (Newco) owned a building located within that development that had been vacant and deteriorating for more than…

Justia Opinion Summary: After a jury trial, Appellant was convicted of fifteen counts of first-degree sodomy, thirteen counts of first-degree sexual abuse, and two counts of witness tampering. Appellant was sentenced to an aggregate sentence of…

Justia Opinion Summary: The parties in this case, neighboring landowners, disputed the ownership of Church Lane, an old road or passway in Gallatin County. Appellee argued that the road was owned by the County or, alternatively, was a public…

Justia Opinion Summary: After a criminal investigation into Stephen O’Daniel conducted by certain Kentucky State Police officers (collectively, the Officers), O’Daniel was indicted for second-degree forgery. The jury acquitted O’Daniel.…

Justia Opinion Summary: Defendant, a United States citizen and native of Somalia, was convicted of first degree rape. The court of appeals reversed, concluding that the trial court violated Ky. Rev. Stat. 30A.410 by failing to provide Defendant…

Justia Opinion Summary: Defendant entered a guilty plea to several drug offenses and was sentenced to one year in prison, probated for one year. Defendant was subsequently cited for a traffic violation. On January 31, 2013, the circuit court…

Justia Opinion Summary: Samantha Hollaway was involved in an accident with Harry Sykes, who was insured by Direct General Insurance Company of Mississippi. Hollaway sought compensation from Direct General for both bodily and property damage.…

Justia Opinion Summary: Rebekah McCarty and Kenneth Faried had a daughter together but never married and never cohabitated. McCarty later filed a motion for child support. After an evidentiary hearing, the trial court established joint custody…

Justia Opinion Summary: Plaintiff filed an action against several anonymous users of the website Topix (collectively, “the John Does”) alleging that the John Does had recklessly posted defamatory statements about him on the website. Plaintiff…

Justia Opinion Summary: Tim Agee, individually and on the behalf of the estate of his wife, Eva, sued Baptist Health Richmond, Inc. and other medical care providers alleging that Eva’s death was the result of medical negligence. During…

Justia Opinion Summary: In 2016, the Governor ordered a 4.5 percent budget reduction in the fourth quarter of the 2015-2016 fiscal year that extended to the state’s nine institutions of high education (collectively, the Universities). That same…

Justia Opinion Summary: The juvenile Appellant in this case, "Bill," a fifteen-year-old eighth-grade boy, was charged with multiple public offenses based on his sexual conduct with his thirteen-year-old girlfriend "Carol", who was not charged.…

Justia Opinion Summary: Appellant Kyle Sheets was convicted of first-degree sexual abuse and two counts of first-degree sodomy. In a separate trial with a separate jury, he was convicted of possession of a handgun by a convicted felon. He was…

Justia Opinion Summary: In May and July of 2012, Jonathan McDaniel, David DeShields, and John Martin, all inmates at the State Reformatory in LaGrange, and all serving sentences for felony sex offenses, filed very similar pro se motions at…

Justia Opinion Summary: At issue in this case was the apportionment of damages between two insurance companies who provided underinsured motorist (UM) coverave to a passenger injured in an automobile accident in Bowling Green. The Circuit Court…

Justia Opinion Summary: The Commonwealth appealed a Court of Appeals judgment remanding this case back to the trial court for an evidentiary hearing on Appellee Douglas Rank's RCr 11.42 motion. Rank pled guilty to and was subsequently convicted…

Justia Opinion Summary: Appellant David Jenkins appealed his convictions for first-degree rape and first-degree sodomy. A jury found appellant guilty and recommended twenty-year sentences for both crimes, to be served consecutively (for a total…

Justia Opinion Summary: In 2011, Appellant Tracey Cassetty was charged with felony theft by unlawful taking. He entered into a diversion agreement with several conditions, including his entering a guilty plea with a recommended sentence of five…

Justia Opinion Summary: On February 10, 2014, Landlord Bobby Turner provided his tenant, Lesley Shinkle, with written notice to vacate the premises. Eight days later, Turner filed a forcible detainer complaint against Shinkle. When the matter…

Justia Opinion Summary: Dianne Carson first filed an application for retirement disability benefits in November 2007. Based on the recommendation of a hearing officer, the Kentucky Retirement Systems (KERS) denied Carson's claim. Carson did not…

Justia Opinion Summary: Charles Wimberly filed an application for disability retirement benefits with the Kentucky Retirement Systems (KERS). A hearing officer recommended that Wimberly's application be denied and, before KERS could render a…

Justia Opinion Summary: Appellant Donald Howard entered an open guilty plea to five counts of first-degree trafficking in a controlled substance, second offense. He was sentenced to ten years' imprisonment with a $1,000 fine on each count with…

Justia Opinion Summary: After entering a guilty plea, the Appellant Bryan Russell sent a letter to the trial court complaining about the effectiveness of his counsel and the legality of the sentence to which he had agreed. The letter did not…

Justia Opinion Summary: The Magoffin County Board of Elections (the Board) and its members in their official capacities (Carson Montgomery, Susie Salyer, and Justin Williams, and Magoffin County Clerk Renee Arnett-Shepherd), and Democratic…

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of criminal facilitation of first degree assault. The court of appeals reversed the conviction, in part because it found that the jury instructions were…

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts each of first-degree sodomy and first-degree sexual abuse. Defendant was sentenced to seventy years’ imprisonment. Defendant appealed, arguing (1) the trial court…

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree sexual abuse and first-degree sodomy. The jury recommended a sentence of thirty years’ imprisonment, and the trial court entered judgment accordingly. The…

Justia Opinion Summary: After a jury trial, Defendant was convicted of multiple counts of first-degree rape, first-degree sexual abuse, and being a first-degree persistent felony offender. Defendant appealed, arguing that the trial court…

Justia Opinion Summary: Appellant pled guilty to DUI, fourth offense, and driving on a DUI-suspended license, second offense. The trial court sentenced Defendant to an aggregate sentence of three years. The court probated Appellant’s three-year…

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree robbery. Finding Defendant to be a persistent felony offender, the jury recommended a sentence of thirty years’ imprisonment. The trial court sentenced…

Justia Opinion Summary: Appellant, a police officer, sustained a work-related injury and sought disability benefits. The Board of Trustees of the Lexington-Fayette Urban County Government Policemen’s and Firefighter’s Retirement Fund (Board)…

Justia Opinion Summary: Jason Tudor claimed that he suffered work-related cumulative-trauma back injuries while employed by Toyota Motor Manufacturing, Kentucky, Inc. Toyota’s third party administrator (the TPA) denied Tudor’s claim for…

Justia Opinion Summary: Stanley M. Chesley requested relief from the Court of Appeals under CR 65.07, which authorizes a party to request injunctive relief from the circuit court in the form of a restraining order, temporary injunction, or…

Justia Opinion Summary: The Estate of Pratikshya Gurung filed a negligence action against Norton Hospital after Gurung was born with brain damage and quadriplegia. On appeal, Norton challenged the Court of Appeals' dismissal as moot of a writ…

Justia Opinion Summary: Kentucky Shakespeare Festival, Inc. (KSF) and Brantley Dunaway entered into an employment agreement. Two years later, KSF terminated Dunaway’s employment. When KSF informed Dunaway that he was not entitled to a bonus for…

Justia Opinion Summary: Appellant, a juvenile, was charged with misdemeanor sexual misconduct and felony possession of matter portraying a sexual performance by a minor based on his sexual conduct with his also-underage girlfriend. Appellant…

Justia Opinion Summary: Biological parents Michael and Janie Young decided to look for a potential adoptional placement for their fifth child. When it was discovered that the Youngs accepted living expenses from two different sets of…

Justia Opinion Summary: Appellant was charged with two counts of first degree sexual abuse. Appellant filed a motion to suppress statements he made to police during a custodial interrogation in the absence of his appointed counsel. The trial…

Justia Opinion Summary: The vehicle in which Plaintiff was riding was hit by a drunk driver. Plaintiff was wearing her seatbelt, and the airbags deployed properly, but Plaintiff sustained serious injuries. Plaintiff filed suit against Nissan…

Justia Opinion Summary: Craig Smith, who suffered injuries in a motor vehicle accident, submitted an underinsured motorist coverage (UIM) claim to his insurer, Allstate Insurance Company. Allstate denied the claim because Smith’s policy did not…

Justia Opinion Summary: In 1980, Appellant was convicted by a jury of three counts of capital murder and sentenced to death on each of the murders. The Supreme Court affirmed. In 2004, Appellant filed a post-conviction motion to set aside his…

Justia Opinion Summary: The executor of the estate of James Gray and Gray’s statutory survivors (collectively, the Estate) filed a complaint against Saint Joseph Hospital alleging that the Hospital had engaged in medical negligence in its…

Justia Opinion Summary: Plaintiff, a California resident and leading owner of thoroughbred race horses, claimed a bay filly in a claiming race at Churchill Downs in Louisville, Kentucky. Plaintiff filed a complaint seeking a declaration that…

Justia Opinion Summary: Janet Owen, a former University of Kentucky (UK) employee, filed a claim for discriminatory employment practices based on a physical disability with the Kentucky Commission on Human Rights (KCHR). The KCHR dually filed…

Justia Opinion Summary: Appellant filed a wrongful discrimination claim and a wrongful retaliation claim against his employer (Appellee), alleging that Appellee discriminated against him in an employee disciplinary matter because of his…

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder, first-degree burglary, and tampering with physical evidence. Defendant was sentenced to life in prison with possibility of parole after twenty-five years. The…

Justia Opinion Summary: After a retrial, Defendant was convicted of wanton murder and fourth-degree assault following a car accident in which he was highly intoxicated. Defendant was sentenced to twenty-five years in prison. Defendant…

Justia Opinion Summary: After a jury trial, Defendant was found guilty of “Engaging in Organized Crime: Criminal Syndicate by managing, supervising, and/or directing individuals to acquire retail merchandise including cell phones, by deception…

Justia Opinion Summary: In 2001, John Bays and Carole Kiphart, who were married, executed reciprocal wills. Carole also obtained two life-insurance policies with the benefits payable to John and their minor son. In 2007, after Carole was…

Justia Opinion Summary: Appellant was convicted of first-degree burglary, receiving stolen property in excess of $500, and of being a second-degree persistent felony offender. Appellant was sentenced to twenty years in prison. The Supreme Court…

Justia Opinion Summary: One year after their son was born with Down Syndrome and other serious health issues Lance Carver filed for divorce from Michelle Carver. The parties settled the division of their property and custody, support and…

Justia Opinion Summary: Mother and Father were not married when Mother gave birth to their daughter in 2010. In 2012, Mother filed a motion for child support. After an evidentiary hearing in 2013, the trial court established joint custody and…

Justia Opinion Summary: Ian was removed from his mother shortly after his birth, and neither parent was closely involved in Ian’s life. Ian currently resides with Larry Massie, his paternal uncle, and Larry's wife, Christina Massie. Deborah…

Justia Opinion Summary: Scotty Hedgespeth and Linda Cundiff (together, Hedgespeth) filed suit against the Taylor County Fiscal Court alleging ownership of land where a new bridge would be constructed and requesting that the trial court issue a…

Justia Opinion Summary: After a jury trial, Defendant was found guilty of murder, first-degree burglary, and defacing a firearm. Defendant was sentenced to life imprisonment. The Supreme Court affirmed the conviction and sentence on appeal.…

Justia Opinion Summary: Appellant, a juvenile, entered an unconditional admission to amended charges of public offenses based on his sexual conduct with his also-underage girlfriend. The district court entered an adjudication finding that…

Justia Opinion Summary: Plaintiff was injured in an automobile accident. Plaintiff filed a negligence suit against the adverse driver. Plaintiff settled the claim for the adverse driver’s automobile-liability-insurance policy limits. Before…

Justia Opinion Summary: Stephen Patton, an eighth-grader at Allen Central Middle School, committed suicide allegedly because he was bullied at school. Patton’s estate filed suit against various teachers and administrators alleging that the…

Justia Opinion Summary: After she was denied tenure, Plaintiff, a former faculty member of Northern Kentucky University, filed suit, alleging violations of the Kentucky Civil Rights Act for discriminatory employment practices on the basis of…

Justia Opinion Summary: Deborah Powell, the former women’s basketball coach at Asbury University, filed suit against the University, asserting claims of defamation, gender discrimination, and retaliation. The jury returned a verdict in the…

Justia Opinion Summary: Plaintiff sought workers’ compensation benefits from Defendant, a medical center, for injuries she allegedly sustained during the course of a pre-employment physical examination. Defendant denied Plaintiff’s claim on the…

Justia Opinion Summary: Appellant was indicted for being a convicted felon in possession of a handgun, carrying a concealed deadly weapon, and alcohol intoxication in a public place. Appellant filed a motion to suppress the weapon seized at his…

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of intentional murder and one count of being a first-degree persistent felony offender. Defendant was sentenced to twenty years’ imprisonment. Defendant appealed,…

Justia Opinion Summary: Appellant entered a conditional guilty plea to charges of first-degree trafficking in a controlled substance, first-degree possession of drug paraphernalia, and being a first-degree persistent felony offender. Appellant…

Justia Opinion Summary: Appellant was arrested and charged with trafficking in marijuana. Based on information given by Appellant’s son, Cody, a law enforcement officer completed an affidavit for a search warrant and presented it to the…

Justia Opinion Summary: After a jury trial, Appellant was convicted of murder and four counts of first-degree criminal abuse. Appellant was sentenced to life imprisonment. The Supreme Court affirmed, holding (1) the trial court’s admission of…

Justia Opinion Summary: After a jury trial, Appellant was found guilty of wanton murder. The trial court adopted the jury’s recommended penalty of twenty years’ imprisonment. The Supreme Court affirmed the conviction and sentence, holding (1)…

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of first-degree sodomy and two counts of first-degree sexual abuse. The trial court sentenced Defendant to twenty-five years’ imprisonment. The Supreme Court…

Justia Opinion Summary: Appellant was charged with first-degree rape, first-degree sodomy, and first-degree incest of his granddaughter, referred to as Sarah. During her opening statement, Appellant’s attorney commented on Sarah’s alleged…

Justia Opinion Summary: Defendant entered a conditional guilty plea to three counts of incest, one count of first-degree sexual abuse, and to being a first-degree persistent felony offender. Defendant was sentenced to twenty years’…

Justia Opinion Summary: Appellant was charged with seven counts of first-degree sodomy. All seven counts of the indictment read identically. Appellant was acquitted on two counts and convicted of the other five. Later, the court of appeals…

Justia Opinion Summary: Pratikshya Gurung (“the Estate”) was born with brain damage and quadriplegia. The Estate filed in the circuit court a medical negligence action against Norton Hospital. During the course of discovery, the Estate…

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of murder for intentionally killing his parents and one count of tampering with physical evidence. Defendant was sentenced to a total of forty-five years’…

Justia Opinion Summary: Laul Deng (“Aker”) sued his former employer, Norton Healthcare, Inc., for racial discrimination in terminating his employment. Specifically, Aker alleged that Norton’s failure to reinstate him after termination of his…

Justia Opinion Summary: Sarah Jackson and David Thomas retained Persels & Associates, LLC (Persels) to defend them in debt collection cases. Persels retained Kentucky attorneys K. David Bradley and Robert Gillispie to provide limited…

Justia Opinion Summary: After a jury trial, Defendant was convicted of four crimes, including two counts of first-degree robbery. Defendant was sentenced as a second-degree persistent felony offender to a total sentence of twenty-five years.…

Justia Opinion Summary: In 1992, Defendant was convicted of two counts of murder and sentenced to death. In 1996, Defendant was convicted of attempted murder and sentenced to twenty years’ imprisonment, with that sentence being served…

Justia Opinion Summary: Appellant was convicted of two counts of rape of a minor. The rape resulted in the birth of a child, and a DNA paternity test was used as evidence against Appellant. The Supreme Court affirmed, holding (1) the trial…

Justia Opinion Summary: Defendant was charged with multiple drug-related criminal offenses. Defendant filed a motion to suppress all the evidence collected from his trailer, arguing that law enforcement officers unlawfully exceeded the scope of…

Justia Opinion Summary: Delena Tipton was injured during the course of her employment with Trane Commercial Systems. Trane initially paid Tipton temporary total disability (TTD) income benefits but stopped paying TTD benefits when Tipton…

Justia Opinion Summary: Appellant was charged with murder. A jury acquitted Appellant on the murder charge but convicted him of first-degree manslaughter. Appellant was sentenced to twenty years’ imprisonment. The Supreme Court affirmed,…

Justia Opinion Summary: Linda Davis and Matthew Davis executed a property settlement agreement prior to their divorce providing that Matthew maintain his life insurance policy and keep Linda as the beneficiary. The decree of dissolution entered…

Justia Opinion Summary: At issue in this certification request was the correct interpretation of Kentucky Code of Judicial Conduct Canons 5A(1)(a), 5A(1)(b), and 5B(1)(c), which were promulgated by the Supreme Court with the objective of…

Justia Opinion Summary: Glenn Hampton suffered a work-related injury during his employment with Flav-O-Rich. An administrative law judge (ALJ) found Hampton to be permanently totally disabled and awarded him permanent total disability benefits.…

Justia Opinion Summary: Allen Lehmann, a former ordained pastor in the Assembly of God church, was indicted for multiple counts of first-degree sodomy and first-degree sexual abuse. Approximately one month after the indictment issued, the…

Justia Opinion Summary: Amy and Melissa, a same-sex couple, had a child together through artificial insemination. After the couple separated, Melissa married Wesley. Wesley filed a petition for step-parent adoption of the child in the Kenton…

Justia Opinion Summary: Appellant suffered a work-related accident while employed by Appellee. Appellant filed for workers’ compensation, but before his claim could be resolved, he was fired for “performance-related issues.” An administrative…