Kentucky Supreme Court Decisions 2013

VAN MOONEY, JR. V. COMMONWEALTH OF KENTUCKY
Date: December 19, 2013
Docket Number: 2011-SC-000117-MR
DICK'S SPORTING GOODS, INC. V. BETTY C. WEBB
Date: December 19, 2013
Docket Number: 2011-SC-000518-DG
WILMA JEAN SHELTON V. KENTUCKY EASTER SEALS SOCIETY, INC.
Date: December 19, 2013
Docket Number: 2011-SC-000554-DG
COMMONWEALTH OF KENTUCKY V. BRYCE R. BONNER
Date: December 19, 2013
Docket Number: 2011-SC-000555-DG
JOHNATHAN D. PARKS V. COMMONWEALTH OF KENTUCKY
Date: December 19, 2013
Docket Number: 2011-SC-000625-MR
Little v. Commonwealth  
Date: December 19, 2013
Docket Number: 2011-SC-000628-MR

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree assault, first-degree wanton endangerment, and operating a motor vehicle under the influence of alcohol, among other charges. The Supreme Court affirmed except...

Commonwealth v. Bucalo  
Date: December 19, 2013
Docket Number: 2012-SC-000123-DG

Justia Opinion Summary: Defendant moved to suppress evidence obtained from a search of her vehicle during an investigatory stop. The trial court denied the motion. Defendant entered a conditional guilty plea to several drug-related charges and...

Knott County Bd. of Educ. v. Patton  
Date: December 19, 2013
Docket Number: 2012-SC-000139-DG

Justia Opinion Summary: After the foreign language taught at Knott County Central High School was switched from French to Spanish, Grace Patton, the high school's French teacher, lost her job. Patton brought suit against Appellants - the Knott...

Lawson v. Office of Attorney Gen.  
Date: December 19, 2013
Docket Number: 2012-SC-000201-DG

Justia Opinion Summary: In 1983, Appellant, the owner and chief executive officer of an asphalt company, pled guilty to violating the Sherman Antitrust Act for unlawfully bidding on state highway construction contracts. In order to have his com...

Baptist Physicians Lexington, Inc. v. The New Lexington Clinic, PSC  
Date: December 19, 2013
Docket Number: 2012-SC-000242-DG

Justia Opinion Summary: Appellant physicians were former employees of The New Lexington Clinic (NLC) who resigned from NLC to practice at a nearby facility opened by Baptist Healthcare System, Inc. through its subsidiary (collectively, Baptist)...

Brown v. Commonwealth  
Date: December 19, 2013
Docket Number: 2012-SC-000264-MR

Justia Opinion Summary: Appellant was indicted for the crimes of murder, wanton endangerment, tampering with physical evidence, and trafficking in marijuana while in possession of a firearm. After a jury trial, Appellant was convicted of the ch...

Ky. New Era, Inc. v. City of Hopkinsville  
Date: December 19, 2013
Docket Number: 2012-SC-000290-DG

Justia Opinion Summary: A writer for the Kentucky New Era, Inc., a newspaper serving the city of Hopkinsville and the neighboring area, requested records from the Hopkinsville City Clerk, including copies of arrest citations and police incident...

Commonwealth v. Wright  
Date: December 19, 2013
Docket Number: 2012-SC-000368-DG

Justia Opinion Summary: Appellee entered guilty pleas to three charges of theft by unlawful taking over $300. The final judgment provided that Appellee be placed on supervised probation for five years and pay restitution. After the expiration o...

Minter v. Commonwealth  
Date: December 19, 2013
Docket Number: 2012-SC-000371-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree sodomy and first-degree burglary, enhanced by the status offense of persistent felony offender (PFO) in the second degree, and was sentenced to thirty-five year...

MICHAEL HANDLE V. COMMONWEALTH OF KENTUCKY
Date: December 19, 2013
Docket Number: 2012-SC-000374-MR
KENTUCKY BAR ASSOCIATION V. UNNAMED ATTORNEY
Date: December 19, 2013
Docket Number: 2012-SC-000388-KB
CONNOR JORDON GALENSKI V. COMMONWEALTH OF KENTUCKY
Date: December 19, 2013
Docket Number: 2012-SC-000407-MR
Masters v. Masters  
Date: December 19, 2013
Docket Number: 2012-SC-000420-DGE

Justia Opinion Summary: Father and Mother had one child when they divorced. In its initial custody order, the family court granted the parties joint custody of the child, designated Mother as the primary residential custodian, and set child sup...

COURTNEY BALTIMORE V. COMMONWEALTH OF KENTUCKY
Date: December 19, 2013
Docket Number: 2012-SC-000522-MR
McDaniel v. Commonwealth  
Date: December 19, 2013
Docket Number: 2012-SC-000564-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of first-degree assault and of being a second-degree persistent felony offender. The Supreme Court affirmed one of Appellant's convictions for first-degree assaul...

EDWARD LEE CREWS V. COMMONWEALTH OF KENTUCKY
Date: December 19, 2013
Docket Number: 2012-SC-000596-MR
Bratton v. CitiFinancial, Inc.  
Date: December 19, 2013
Docket Number: 2012-SC-000630-DG

Justia Opinion Summary: The Brattons brought an action against CitiFinancial, Inc. (Citi) alleging that Citi erroneously placed a mortgage on their property and did not release the mortgage after it was notified of the error. The circuit court...

Wise v. Commonwealth  
Date: December 19, 2013
Docket Number: 2012-SC-000633-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of intentional murder and sentenced to life imprisonment. Appellant appealed, arguing that the trial court erred when it (1) denied her motion to suppress statements she gave t...

Saint Joseph Hosp. v. Frye  
Date: December 19, 2013
Docket Number: 2012-SC-000691-WC

Justia Opinion Summary: Angela Frye filed a workers' compensation claim against her employer alleging that in 2008 she suffered a work-related injury. The administrative law judge (ALJ) awarded Frye benefits related to the injury. In 2009, afte...

MIKEL CRUMES V. COMMONWEALTH OF KENTUCKY
Date: December 19, 2013
Docket Number: 2012-SC-000774-MR
JARED GODIN V. COMMONWEALTH OF KENTUCKY
Date: December 19, 2013
Docket Number: 2012-SC-000808-MR
Ridgeway Nursing & Rehabilitation Facility, LLC v. Circuit Court  
Date: December 19, 2013
Docket Number: 2013-SC-000219-MR

Justia Opinion Summary: Roger Collins died following an inpatient stay at Ridgeway Nursing Home & Rehabilitation Facility. Stella Collins, Roger's wife, subsequently brought an action against Ridgeway alleging wrongful death and nursing home ne...

CHARLES L. HUFFMAN, III V. KENTUCKY BAR ASSOCIATION
Date: December 19, 2013
Docket Number: 2013-SC-000282-KB
KENTUCKY BAR ASSOCIATION V. GEORGE W. WOODSTOCK, JR.
Date: December 19, 2013
Docket Number: 2013-SC-000436-KB
KENTUCKY BAR ASSOCIATION V. D. ANTHONY BRINKER
Date: December 19, 2013
Docket Number: 2013-SC-000591-KB
F.J. ANDERSON V. KENTUCKY BAR ASSOCIATION
Date: December 19, 2013
Docket Number: 2013-SC-000722-KB
Ballard v. 1400 Willow Council of Co-Owners, Inc.  
Date: November 21, 2013
Docket Number: 2010-SC-000533-DG

Justia Opinion Summary: This case involved a dispute between a condominium association (the Council) and one of its co-owners (Ballard) regarding the need to replace and who should bear the cost of replacement of a two-story wall of windows in...

Dick's Sporting Goods, Inc. v. Webb  
Date: November 21, 2013
Docket Number: 2011-SC-000518-DG

Justia Opinion Summary: Appellee sued Dick's Sporting Goods after she slipped and fell to the floor at one of Dick's stores, claiming the store was negligent in maintaining its premises. Dick's denied that it owed any duty to Appellee because t...

Shelton v. Ky. Easter Seals Soc'y, Inc.  
Date: November 21, 2013
Docket Number: 2011-SC-000554-DG

Justia Opinion Summary: Plaintiff filed a personal injury action against a rehabilitation hospital where her husband was staying after Plaintiff became entangled in some wires strung along the side of her husband's bed and fell, fracturing her...

Beshear v. Haydon Bridge Co., Inc.  
Date: November 21, 2013
Docket Number: 2011-SC-000563-TG

Justia Opinion Summary: In Haydon Bridge I, the Supreme Court held that provisions of the 2000-2002 and 2002-2004 budget bills, which suspended annual General Fund appropriations to the Benefit Reserve Fund (BRF) were constitutional but that ot...

Turner v. Andrew  
Date: November 21, 2013
Docket Number: 2011-SC-000614-DG

Justia Opinion Summary: Appellee filed suit against Appellants, seeking personal property damages and lost business income resulting from a vehicle collision in which a truck was damaged. The truck was owned by Appellee individually and used in...

Pete v. Anderson  
Date: November 21, 2013
Docket Number: 2011-SC-000692-DG

Justia Opinion Summary: Following the death of their father in an accident in which the van he was driving struck a retaining wall, Appellees retained a law firm and attorneys (collectively, Appellants) to pursue a wrongful death action against...

RICHARD H. TOWNSEND, II V. COMMONWEALTH OF KENTUCKY
Date: November 21, 2013
Docket Number: 2011-SC-000721-MR
Brumley v. Commonwealth  
Date: November 21, 2013
Docket Number: 2012-SC-000189-DG

Justia Opinion Summary: Defendant was charged with manufacturing methamphetamine and possession of drug paraphernalia. Defendant filed to sequential motions to suppress evidence, contending that the warrantless search of his mobile home was ill...

Commonwealth v. Ayers  
Date: November 21, 2013
Docket Number: 2012-SC-000261-DG

Justia Opinion Summary: Appellee, a licensed attorney with experience in the practice of criminal law, was indicted on five counts of failure to file Kentucky tax returns for several years. Prior to trial, Appellee appeared on his own behalf, b...

Glenn v. Commonwealth  
Date: November 21, 2013
Docket Number: 2012-SC-000499-MR

Justia Opinion Summary: After a jury trial, Appellant was found guilty of first-degree wanton endangerment, fleeing or evading the police, first-degree illegal possession of a controlled substance, and second-degree criminal mischief. The trial...

S. Fin. Life Ins. Co. v. Pike Circuit Court  
Date: November 21, 2013
Docket Number: 2012-SC-000642-MR

Justia Opinion Summary: The underlying class action here was brought against Southern Financial Life Insurance Company, which sold credit life and disability insurance through lending institutions, by purchasers of Southern Financial's credit l...

CHARLES L. HUFFMAN, III V. KENTUCKY BAR ASSOCIATION
Date: November 21, 2013
Docket Number: 2013-SC-000282-KB
KENTUCKY BAR ASSOCIATION V. THOMAS E. ROBERTS
Date: November 21, 2013
Docket Number: 2013-SC-000615-KB
KENTUCKY BAR ASSOCIATION V. RICHARD LEE WALLS
Date: November 21, 2013
Docket Number: 2013-SC-000621-KB
WILLIAM DAVID RYE V. KENTUCKY BAR ASSOCIATION
Date: November 21, 2013
Docket Number: 2013-SC-000646-KB
KENTUCKY BAR ASSOCIATION V. JOSHUA MICHAEL ROBINSON
Date: November 21, 2013
Docket Number: 2013-SC-000668-KB
KENTUCKY BAR ASSOCIATION V. RUSSELL W. BURGIN
Date: November 21, 2013
Docket Number: 2013-SC-000689-KB
RANDAL KENT PERKINS V. KENTUCKY BAR ASSOCIATION
Date: November 21, 2013
Docket Number: 2013-SC-000702-KB
ASTRIDA L. LEMKINS V. KENTUCKY BAR ASSOCIATION
Date: November 21, 2013
Docket Number: 2013-SC-000703-KB
KENTUCKY BAR ASSOCIATION V. RONALD E. THORNSBERRY
Date: November 21, 2013
Docket Number: 2013-SC-000718-KB
DAVID L. DRAKE V. KENTUCKY BAR ASSOCIATION
Date: November 21, 2013
Docket Number: 2013-SC-000721-KB
Commonwealth v. Steadman  
Date: October 24, 2013
Docket Number: 2010-SC-000326-DG

Justia Opinion Summary: After a jury trial, Defendant was convicted of theft by deception and being a second-degree persistent felony offender. At the sentencing hearing, the trial court stated that a hearing with testimony would be necessary t...

Abel v. Austin  
Date: October 24, 2013
Docket Number: 2010-SC-000426-DG

Justia Opinion Summary: Plaintiffs brought a lawsuit against the company that marketed the anti-obesity drug combination known as Fen-Phen. Plaintiffs claims were transferred from Kentucky to a similar action pending in Alabama, where Plaintiff...

Commonwealth v. Hamilton  
Date: October 24, 2013
Docket Number: 2011-SC-000227-DG

Justia Opinion Summary: Defendants entered conditional guilty pleas to second-degree trafficking in a controlled substance. Defendants' convictions arose from dealing in Suboxone, the trade name of a drug containing buprenorphine. Before the tr...

Castle v. Commonwealth  
Date: October 24, 2013
Docket Number: 2011-SC-000717-MR

Justia Opinion Summary: Defendant pleaded guilty to first-degree robbery, first-degree sodomy, first-degree rape, kidnapping, and tampering with physical evidence. The trial court sentenced Defendant to terms of imprisonment with the sentences...

Mayse v. Commonwealth  
Date: October 24, 2013
Docket Number: 2012-SC-000015-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of complicity to murder and first-degree complicity to robbery. The Supreme Court affirmed Appellant's conviction, holding that the trial court did not err by (1) denying Appel...

Comprehensive Home Health Servs., Inc. v. Prof'l Home Health Care Agency, Inc.  
Date: October 24, 2013
Docket Number: 2012-SC-000090-DG

Justia Opinion Summary: Comprehensive Home Health Services filed a certificate of need (CON) with the Cabinet for Health and Family Services to expand its home health services into Whitley County. Two Existing Providers requested a hearing to o...

Oro-Jimenez v. Commonwealth  
Date: October 24, 2013
Docket Number: 2012-SC-000101-MR

Justia Opinion Summary: After a jury trial, Defendant was convicted of several criminal offenses, including first-degree robbery and possession of a handgun by a convicted felon. The Supreme Court affirmed, holding (1) Appellant did not suffer...

Vega v. Commonwealth  
Date: October 24, 2013
Docket Number: 2012-SC-000111-DG

Justia Opinion Summary: Appellant entered a conditional guilty plea to second-degree possession of a controlled substance and carrying a concealed deadly weapon. Appellant appealed, arguing that the district court erred in denying his motion to...

Hornback v. Hardin Memorial Hosp.  
Date: October 24, 2013
Docket Number: 2012-SC-000195-WC

Justia Opinion Summary: Claimant was working for Employer when she was seriously injured. Claimant, a janitor, became trapped in a stalled elevator and fell several stories down the shaft when Employer's security staff attempted to rescue her....

CHESTER DEAN ALLEN V. COMMONWEALTH OF KENTUCKY
Date: October 24, 2013
Docket Number: 2012-SC-000631-MR
PHILIP R. COMBS V. KENTUCKY BAR ASSOCIATION
Date: October 24, 2013
Docket Number: 2013-SC-000238-KB
KENTUCKY BOARD OF MEDICAL LICENSURE V. HONORABLE STEVEN D. COMBS, JUDGE, PIKE CIRCUIT COURT, ET AL.
Date: October 24, 2013
Docket Number: 2013-SC-000247-I
KENTUCKY BAR ASSOCIATION V. LOUIS EDWARD REINHART, III
Date: October 24, 2013
Docket Number: 2013-SC-000422-KB
KENTUCKY BAR ASSOCIATION V. THOMAS E. ROBERTS
Date: October 24, 2013
Docket Number: 2013-SC-000615-KB
TIMOTHY CRAWFORD V. KENTUCKY BAR ASSOCIATION
Date: October 24, 2013
Docket Number: 2013-SC-000669-KB
Commonwealth v. Hasch  
Date: September 26, 2013
Docket Number: 2010-SC-000494-DG

Justia Opinion Summary: Appellee was indicted for murder for the shooting death of her husband. Appellee admitted that she killed her husband but claimed she was acting in self-defense. The jury acquitted Appellee of the murder charge but found...

Allen v. Commonwealth  
Date: September 26, 2013
Docket Number: 2011-SC-000009-MR

Justia Opinion Summary: Defendant was charged with third-degree burglary, first-degree criminal mischief, theft by unlawful taking, receiving stolen property, and being a persistent felony offender. Defendant requested that he represent himself...

Jarvis v. Nat'l City  
Date: September 26, 2013
Docket Number: 2011-SC-000135-DG

Justia Opinion Summary: Ky. Rev. Stat. 386.180 mandated that testamentary trustees make a choice of compensation between either an annual fee or a fee at the termination of the trust. Plaintiffs were the beneficiaries of testamentary trusts man...

McAtee v. Commonwealth  
Date: September 26, 2013
Docket Number: 2011-SC-000259-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of murder and tampering with physical evidence. Appellant was subsequently sentenced to twenty-five years in prison. The Supreme Court (1) reversed Appellant's conviction for t...

State Farm Mut. Ins. Co. v. Hodgkiss-Warrick  
Date: September 26, 2013
Docket Number: 2011-SC-000266-DG

Justia Opinion Summary: Plaintiff was a Pennsylvania resident who was injured in Kentucky. Plaintiff's daughter, with whom Plaintiff resided, was driving the vehicle involved in the accident. Plaintiff brought suit against her insurance carrier...

Barnes v. Commonwealth  
Date: September 26, 2013
Docket Number: 2011-SC-000325-DG

Justia Opinion Summary: After a jury trial, Appellant was convicted of second-degree burglary and of being a first-degree persistent felony offender. Appellant was sentenced to a total sentence of fifteen years. The court of appeals affirmed th...

Thornton v. Commonwealth  
Date: September 26, 2013
Docket Number: 2011-SC-000425-MR

Justia Opinion Summary: After a jury trial, Defendant was convicted of third-degree assault, third-degree criminal mischief, and of being a first-deree persistent felony offender. The Supreme Court affirmed, holding (1) the trial court did not...

CENTRAL BANK V. SUTEJ GILL, ET AL.
Date: September 26, 2013
Docket Number: 2011-SC-000442-DG
JOHN LESLIE MELTON V. COMMONWEALTH OF KENTUCKY
Date: September 26, 2013
Docket Number: 2011-SC-000488-MR
Hurt v. Commonwealth  
Date: September 26, 2013
Docket Number: 2011-SC-000760-MR

Justia Opinion Summary: After a jury trial, Appellant was conviction of wanton murder, three counts of wanton endangerment in the first degree, criminal mischief, and assault in the fourth degree. The Supreme Court affirmed the judgment of the...

Commonwealth v. Tramble  
Date: September 26, 2013
Docket Number: 2012-SC-000106-DG

Justia Opinion Summary: After a jury trial, Appellant was convicted of trafficking in marijuana over five pounds and sentenced to five years' imprisonment. The court of appeals reversed, holding (1) the trial court erred when it admitted eviden...

JEFFREY D. MCGAHA V. COMMONWEALTH OF KENTUCKY
Date: September 26, 2013
Docket Number: 2012-SC-000155-MR
Commonwealth v. Parker  
Date: September 26, 2013
Docket Number: 2012-SC-000164-DG

Justia Opinion Summary: After law enforcement officers apprehended Defendant's friend, Justin Masengale, Susan Martin identified Masengale as one of two assailants who grabbed her purse and struck her in the face. Masengale was then transported...

Martin v. Commonwealth  
Date: September 26, 2013
Docket Number: 2012-SC-000225-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree trafficking in a controlled substance and of being a first-degree persistent felony offender (PFO). Appellant appealed, alleging several errors that were not pr...

Smith v. Commonwealth  
Date: September 26, 2013
Docket Number: 2012-SC-000322-MR

Justia Opinion Summary: Appellant was convicted of wanton murder, three counts of first-degree wanton endangerment, and two counts of second-degree wanton endangerment. The Supreme Court affirmed, holding (1) the trial court properly denied App...

MICHAEL CALLOWAY V. COMMONWEALTH OF KENTUCKY
Date: September 26, 2013
Docket Number: 2012-SC-000334-MR
Springfield v. Commonwealth  
Date: September 26, 2013
Docket Number: 2012-SC-000370-MR

Justia Opinion Summary: After a jury trial, Appellant was found guilty of trafficking in a controlled substance in the first degree and of being a persistent felony offender (PFO) in the first degree. The Supreme Court affirmed, holding that th...

McCleery v. Commonwealth  
Date: September 26, 2013
Docket Number: 2012-SC-000486-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree fleeing or evading the police and several other crimes. Appellant challenged his conviction for fleeing or evading and claimed that the trial court erred in not...

JASON DUKES V. COMMONWEALTH OF KENTUCKY
Date: September 26, 2013
Docket Number: 2012-SC-000496-MR
Roberts v. Commonwealth  
Date: September 26, 2013
Docket Number: 2012-SC-000528-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of several drug-related offenses. The Supreme Court affirmed in part and vacated in part, holding (1) the trial court did not err by denying Appellant's request for a jury inst...

JAMES E. MUDD V. COMMONWEALTH OF KENTUCKY
Date: September 26, 2013
Docket Number: 2012-SC-000664-MR
KENTUCKY BAR ASSOCIATION V. PHILIP M. KLEINSMITH
Date: September 26, 2013
Docket Number: 2013-SC-000262-KB
KENTUCKY BAR ASSOCIATION V. WILLIAM A. NISBET, IV
Date: September 26, 2013
Docket Number: 2013-SC-000421-KB
KENTUCKY BAR ASSOCIATION V. LOUIS EDWARD REINHART, III
Date: September 26, 2013
Docket Number: 2013-SC-000422-KB
KENTUCKY BAR ASSOCIATION V. STEVEN F. CLAYPOOLE
Date: September 26, 2013
Docket Number: 2013-SC-000469-KB
RICHARD D. NULL V. KENTUCKY BAR ASSOCIATION
Date: September 26, 2013
Docket Number: 2013-SC-000507-KB
PAUL S. GORDINIER V. KENTUCKY BAR ASSOCIATION
Date: September 26, 2013
Docket Number: 2013-SC-000508-KB
WILLIAM R. WILSON V. KENTUCKY BAR ASSOCIATION
Date: September 26, 2013
Docket Number: 2013-SC-000546-KB
CHARLES J. MCENROE V. KENTUCKY BAR ASSOCIATION
Date: September 26, 2013
Docket Number: 2013-SC-000547-KB
ANDREW L. HOLTON V. KENTUCKY BAR ASSOCIATION
Date: September 26, 2013
Docket Number: 2013-SC-000551-KB
Buster v. Commonwealth  
Date: August 29, 2013
Docket Number: 2011-SC-000092-MR

Justia Opinion Summary: Appellant pled guilty to four counts of complicity to rape (victim under twelve years of age) and one count each of first-degree rape, first-degree sodomy, and first-degree sexual abuse pursuant to a conditional guilty p...

Johnson v. Commonwealth  
Date: August 29, 2013
Docket Number: 2011-SC-000137-MR

Justia Opinion Summary: Defendant pleaded guilty to charges of murder, first-degree burglary, and two counts of first-degree sexual abuse. After a sentencing hearing, the trial judge sentenced Defendant to death. Defendant subsequently filed a...

Webb v. Meyer  
Date: August 29, 2013
Docket Number: 2011-SC-000145-DG

Justia Opinion Summary: Under Ky. Rev. Stat. 161.011(8), reductions within a job classification must be made based on seniority. Pamela Meyer had been employed for several years at the Clark Elementary School as a coordinator for the Family Res...

Frazier v. Commonwealth  
Date: August 29, 2013
Docket Number: 2011-SC-000283-DG

Justia Opinion Summary: After a jury trial, Defendant was convicted of tampering with physical evidence, possession of drug paraphernalia, criminal littering, and carrying a concealed deadly weapon. The court of appeals reversed and remanded De...

Abbott v. Chelsea  
Date: August 29, 2013
Docket Number: 2011-SC-000291-DG

Justia Opinion Summary: This case arose after the settlement of Guard v. American Home Products, Inc., which was brought by Kentucky residents who had taken the diet drug known as Fen-Phen. Each Appellant was a plaintiff in the Guard case and w...

PEGGY MINA V. COMMONWEALTH OF KENTUCKY
Date: August 29, 2013
Docket Number: 2011-SC-000419-MR
Haney v. Thomas  
Date: August 29, 2013
Docket Number: 2011-SC-000453-DG

Justia Opinion Summary: Appellee, an inmate, allegedly assaulted another inmate. After a disciplinary report was submitted against Appellee, the Adjustment Committee (Committee) determined that Appellee was guilty of the infraction and sentence...

Energy Home, Div. of S. Energy Homes, Inc. v. Peay  
Date: August 29, 2013
Docket Number: 2011-SC-000462-DG

Justia Opinion Summary: Brian and Lori Peay purchased a home manufactured by Energy Homes, Division of Southern Energy Homes, Inc. (SEHI). At closing, SEHI offered the Peays certain warranties on the home in exchange for the Peays' agreement th...

Ky. Ret. Sys. v. West  
Date: August 29, 2013
Docket Number: 2011-SC-000471-DG

Justia Opinion Summary: Appellee worked for the City of Middlesboro. Approximately one month before the last date of his paid employment, Appellant filed for disability retirement benefits as a member of the County Employees Retirement Systems....

McFelia v. McFelia  
Date: August 29, 2013
Docket Number: 2011-SC-000610-DG

Justia Opinion Summary: When Dorinda and Joseph, the parents of two children, decided to divorce, they entered into a temporary agreement entered by the trial court setting forth terms dealing with the custody and support of the two children. T...

Whitley v. Robertson County  
Date: August 29, 2013
Docket Number: 2011-SC-000612-DG

Justia Opinion Summary: Appellants, several individuals, contended that a Robertson County passway was a private drive, and Appellees, Robertson County, the County Fiscal Court, and an individual (collectively, Fiscal Court), argued that the pa...

Commonwealth v. Martin  
Date: August 29, 2013
Docket Number: 2011-SC-000616-DG

Justia Opinion Summary: After a jury trial, Defendant was convicted of second-degree burglary. Defendant was placed on probation, which was later revoked due to Defendant's noncompliance with the terms of the county's drug court program. Defend...

City of Fort Thomas v. Cincinnati Inquirer  
Date: August 29, 2013
Docket Number: 2011-SC-000725-DG

Justia Opinion Summary: The City of Fort Thomas, through its police department, denied a request by the Cincinnati Enquirer to inspect and copy the entire police file generated during a homicide investigation. In denying the request, the City r...

Rodriguez v. Commonwealth  
Date: August 29, 2013
Docket Number: 2012-SC-000049-MR

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony incest for having sexual intercourse with his daughter, a minor under the age of twelve. Defendant was sentenced to thirty years' imprisonment. Defendant appealed, ar...

Commonwealth v. Jones  
Date: August 29, 2013
Docket Number: 2012-SC-000144-DG

Justia Opinion Summary: In 1992, Defendant pled guilty to illegal possession of a controlled substance in the first degree. In 2010, Defendant filed a motion to void her felony conviction, which the circuit court granted. Thereafter, Defendant...

JASON OLIVER V. COMMONWEALTH OF KENTUCKY
Date: August 29, 2013
Docket Number: 2012-SC-000153-MR
MICHAEL KIDD V. COMMONWEALTH OF KENTUCKY
Date: August 29, 2013
Docket Number: 2012-SC-000180-MR
ROBERT G. MCGREGOR, JR. V. COMMONWEALTH OF KENTUCKY
Date: August 29, 2013
Docket Number: 2012-SC-000245-MR
ALFRED FRANK SEARS V. COMMONWEALTH OF KENTUCKY
Date: August 29, 2013
Docket Number: 2012-SC-000250-MR
CHRISTIAN MARTINEZ V. COMMONWEALTH OF KENTUCKY
Date: August 29, 2013
Docket Number: 2012-SC-000252-MR
OSCAR UMAR GONZALEZ V. COMMONWEALTH OF KENTUCKY
Date: August 29, 2013
Docket Number: 2012-SC-000258-MR
Mackey v. Commonwealth  
Date: August 29, 2013
Docket Number: 2012-SC-000378-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of manufacturing methamphetamine, possession of anhydrous ammonia in an unapproved container with the intent to use or manufacture methamphetamine, and being a first-degree per...

JEREMY BROWNING V. COMMONWEALTH OF KENTUCKY
Date: August 29, 2013
Docket Number: 2012-SC-000422-MR
Morris v. Owensboro Grain Co., LLC  
Date: August 29, 2013
Docket Number: 2012-SC-000435-WC

Justia Opinion Summary: Jason Morris worked for Owensboro Grain, a refinery located on the Ohio River. Morris suffered a work-related injury while performing deckhand duties, including loading items onto a barge. Morris received benefits from O...

Jackson Purchase Med. Assocs. v. Crossett  
Date: August 29, 2013
Docket Number: 2012-SC-000436-WC

Justia Opinion Summary: Sarah Crossett was employed by Jackson Purchase Medical Associate (JPMA), which leased space within a medical pavilion. Crossett was injured when she slipped and fell in snow that had accumulated outside of the building....

Brock v. Commonwealth  
Date: August 29, 2013
Docket Number: 2012-SC-000652-MR

Justia Opinion Summary: After a jury trial, Defendant was convicted of burglary in the second degree, burglary in the third degree, and of being a persistent felony offender in the first degree. Defendant was sentenced to twenty years' imprison...

KENTUCKY BAR ASSOCIATION V. ERIC C. DETERS
Date: August 29, 2013
Docket Numbers: 2012-SC-000666-KB, 2012-SC-000667-KB
Sitar v. Commonwealth  
Date: August 29, 2013
Docket Number: 2012-SC-000737-DGE

Justia Opinion Summary: Loretta Glover filed a domestic violence petition alleging that Phillip Sitar had sexually abused Glover's daughter. The trial court subsequently entered emergency protection and domestic violence orders (EPO and DVO) re...

KENTUCKY BAR ASSOCIATION V. KUNGU NJUGUNA
Date: August 29, 2013
Docket Number: 2012-SC-000755-KB
PremierTox 2.0 v. Circuit Court  
Date: August 29, 2013
Docket Number: 2013-SC-000101-MR

Justia Opinion Summary: Appellants, PremierTox, Inc. and PremierTox 2.0 (collectively, PremierTox) filed an action against Kentucky Spirit Health Plan, Inc. and others (collectively, Appellees), alleging that it was owed $1.8 million by Kentuck...

INQUIRY COMMISSION V. DENNIS MICHAEL RITCHIE
Date: August 29, 2013
Docket Number: 2013-SC-000131-KB
KENTUCKY BAR ASSOCIATION V. EARL C. MULLINS, JR.
Date: August 29, 2013
Docket Number: 2013-SC-000169-KB
KENTUCKY BAR ASSOCIATION V. THOMAS EDWARD KEATING, V
Date: August 29, 2013
Docket Number: 2013-SC-000313-KB
BARBARA D. BONAR V. KENTUCKY BAR ASSOCIATION
Date: August 29, 2013
Docket Number: 2013-SC-000335-KB
KENT D. MITCHNER V. KENTUCKY BAR ASSOCIATION
Date: August 29, 2013
Docket Number: 2013-SC-000339-KB
CHRISTOPHER L. STANSBURY V. KENTUCKY BAR ASSOCIATION
Date: August 29, 2013
Docket Number: 2013-SC-000418-KB
Dunlap v. Commonwealth  
Date: June 20, 2013
Docket Number: 2010-SC-000226-MR

Justia Opinion Summary: Appellant plead guilty to three counts each of capital murder, capital kidnapping, tampering with physical evidence, and related convictions. The circuit court sentenced Appellant to death for each of the six capital cri...

LINDA S. GRUBB, ETC., ET AL. V. NORTON HOSPITALS, INC., ET AL.
Date: June 20, 2013
Docket Number: 2010-SC-000532-DG
Dep't of Revenue v. Cox Interior, Inc.  
Date: June 20, 2013
Docket Number: 2010-SC-000794-DG

Justia Opinion Summary: The Department of Revenue audited Appellant for a three-year period. The Department determined that Appellant had omitted certain tangible personal property from its tax returns during the relevant years and billed Appel...

Kerr v. Commonwealth  
Date: June 20, 2013
Docket Number: 2011-SC-000247-MR

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree trafficking in a controlled substance, second-degree trafficking in a controlled substance, and being a first-degree persistent felony offender (PFO). Defendant...

ROBIN MAPEL V. COMMONWEALTH OF KENTUCKY
Date: June 20, 2013
Docket Number: 2011-SC-000526-MR
Garcia v. Whitaker  
Date: June 20, 2013
Docket Number: 2011-SC-000550-DG

Justia Opinion Summary: Appellee brought his vehicle to Appellant's shop for repairs. When Appellant presented Appellee with his bill, Appellee refused to pay until Appellant proved he purchased the parts he claimed to have installed. Appellant...

Doneghy v. Commonwealth  
Date: June 20, 2013
Docket Number: 2011-SC-000590-MR

Justia Opinion Summary: After a jury trial, Defendant was convicted of second-degree manslaughter, leaving the scene of an accident, second-degree assault, fourth-degree assault, and several drug-related offenses. The Supreme Court affirmed Def...

CHRISTOPHER WEST V. COMMONWEALTH OF KENTUCKY
Date: June 20, 2013
Docket Number: 2011-SC-000629-MR
Commonwealth v. Bell  
Date: June 20, 2013
Docket Number: 2011-SC-000630-DG

Justia Opinion Summary: After a trial, Defendant was convicted of first-degree sodomy, tampering with physical evidence, and fourth-degree assault. The court of appeals reversed the sodomy conviction, concluding that the trial court erred in ex...

Bartley v. Commonwealth  
Date: June 20, 2013
Docket Number: 2011-SC-000683-MR

Justia Opinion Summary: Defendant and Co-defendant were jointly charged with having neglected and abused Defendant's disabled son. After a jury trial, Defendant was convicted of first-degree assault and first-degree criminal abuse. The Supreme...

JOHN BELDEN V. COMMONWEALTH OF KENTUCKY
Date: June 20, 2013
Docket Number: 2011-SC-000699-MR
W. Ky. Coca-Cola Bottling Co. v. Runyon  
Date: June 20, 2013
Docket Number: 2011-SC-000784-DG

Justia Opinion Summary: Employee was discharged from his employment for unexcused absences, chronic tardiness, and leaving work without providing a reason. Employee filed for unemployment benefits. The Division of Unemployment Insurance granted...

Dye v. Commonwealth  
Date: June 20, 2013
Docket Number: 2012-SC-000003-MR

Justia Opinion Summary: Appellant pled guilty to murder, resisting arrest, and tampering with physical evidence and was sentenced to fifty years' imprisonment. At trial, Appellant moved to suppress his confession to law enforcement officers, ar...

Smith v. Commonwealth  
Date: June 20, 2013
Docket Number: 2012-SC-000034-DG

Justia Opinion Summary: Appellant pled guilty to possession of drug paraphernalia (PDP), second offense, pursuant to a plea agreement and received a five-year pretrial diversion. At the time Appellant entered into the diversion, the penalty for...

Leger v. Commonwealth  
Date: June 20, 2013
Docket Number: 2012-SC-000067-MR

Justia Opinion Summary: After a jury trial, Defendant was convicted of theft of identity, theft by deception under $500, and being a first-degree persistent felony offender. Defendant appealed, contending that after he was taken into custody, h...

McGaha v. Commonwealth  
Date: June 20, 2013
Docket Number: 2012-SC-000155-MR

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder and sentenced to twenty years in prison. The Supreme Court affirmed, holding (1) the post-trial revelation that the victim's wife and one of the jurors were Facebook...

AARON D. MOORE V. COMMONWEALTH OF KENTUCKY
Date: June 20, 2013
Docket Number: 2012-SC-000274-MR
GLENN A. PEELER V. COMMONWEALTH OF KENTUCKY
Date: June 20, 2013
Docket Number: 2012-SC-000289-MR
Manning v. Lewis  
Date: June 20, 2013
Docket Number: 2012-SC-000296-DG

Justia Opinion Summary: Appellee sought to void or reform a deed resulting from a sale of property through Appellant's real estate company. Specifically, Appellee claimed that the deed grossly misrepresented the amount of land he contracted to...

KENTUCKY BAR ASSOCIATION V. RONALD HINES
Date: June 20, 2013
Docket Number: 2012-SC-000842-KB
KENTUCKY BAR ASSOCIATION V. RONALD E. THORNSBERRY
Date: June 20, 2013
Docket Number: 2013-SC-000153-KB
KENTUCKY BAR ASSOCIATION V. DANIEL KEITH ROBERTSON
Date: June 20, 2013
Docket Number: 2013-SC-000221-KB
BRIAN P. GILFEDDER V. KENTUCKY BAR ASSOCIATION
Date: June 20, 2013
Docket Number: 2013-SC-000261-KB
RODNEY S. JUSTICE V. KENTUCKY BAR ASSOCIATION
Date: June 20, 2013
Docket Number: 2013-SC-000281-KB
Grubb v. Norton Hosps., Inc.  
Date: May 23, 2013
Docket Number: 2010-SC-000532-DG

Justia Opinion Summary: Krystal Meredith was twenty years old and thirty-seven weeks pregnant when she began to experience abdominal pain. Krystal visited the Norton Hospital emergency three times in the next three days and was treated by Dr. J...

Murray v. Commonwealth  
Date: May 23, 2013
Docket Number: 2011-SC-000081-MR

Justia Opinion Summary: After a jury trial, Defendant was convicted of complicity to commit murder, first-degree robbery, first-degree burglary, and tampering with physical evidence. The Supreme Court affirmed the judgment of conviction and sen...

Turley v. Commonwealth  
Date: May 23, 2013
Docket Number: 2011-SC-000276-MR

Justia Opinion Summary: Appellant was convicted of first-degree possession of a controlled substance, possession of marijuana, and of being a second-degree persistent felony offender. Appellant appealed, arguing that the trial court erred by de...

Baumia v. Commonwealth  
Date: May 23, 2013
Docket Number: 2011-SC-000279-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of murder, first-degree wanton endangerment, first-degree criminal mischief, and driving under the influence. Appellant was sentenced to thirty-five years imprisonment. The Sup...

Samons v. Ky. Farm Bureau Mut. Ins. Co.  
Date: May 23, 2013
Docket Number: 2011-SC-000414-DG

Justia Opinion Summary: Kenneth Crum, who was horseback riding at the time, was struck and severely injured by a vehicle driven by Raymond Ousley. At the time, Ousley was test-driving the vehicle, an uninsured car titled to Rhonda Ward. Crum su...

MONTRIAL DEMETRIUS JOHNSON V. COMMONWEALTH OF KENTUCKY
Date: May 23, 2013
Docket Number: 2011-SC-000491-MR
Cox v. Commonwealth  
Date: May 23, 2013
Docket Number: 2011-SC-000656-MR

Justia Opinion Summary: Defendant was sentenced as a second-degree persistent felon to a twenty-year term of imprisonment for first-degree possession of a controlled substance, firearm enhanced and to a concurrent ten-year term of imprisonment...

RYAN KRISTOFF V. COMMONWEALTH OF KENTUCKY
Date: May 23, 2013
Docket Number: 2011-SC-000680-MR
JAMES E. HARVEY V. COMMONWEALTH OF KENTUCKY
Date: May 23, 2013
Docket Number: 2011-SC-000729-MR
LARRY D. BURNETT V. COMMONWEALTH OF KENTUCKY
Date: May 23, 2013
Docket Number: 2012-SC-000045-MR
KENTUCKY BAR ASSOCIATION V. DONALD A. MAZE
Date: May 23, 2013
Docket Number: 2012-SC-000166-KB
Hornback v. Hardin Memorial Hosp.  
Date: May 23, 2013
Docket Number: 2012-SC-000195-WC

Justia Opinion Summary: While working for Employer, Appellant became trapped in a stalled elevator. Employer's security staff attempt to rescue Appellant, but as a result of their attempt, Appellant fell several stories down the elevator shaft,...

IVAN ORANTES-PIERCE V. COMMONWEALTH OF KENTUCKY
Date: May 23, 2013
Docket Number: 2012-SC-000209-MR
ERIC LLOYD HERMANSEN V. COMMONWEALTH OF KENTUCKY
Date: May 23, 2013
Docket Number: 2012-SC-000297-MR
Grider v. Commonwealth  
Date: May 23, 2013
Docket Number: 2012-SC-000454-MR

Justia Opinion Summary: Appellant was indicted for the robbery and murder of Caesaro Gomez. Appellant, who was sixteen years old at the time of the crimes, was tried as a youthful offender and found guilty by a circuit court jury of murder, fir...

KENTUCKY BAR ASSOCIATION V. ERIC C. DETERS
Date: May 23, 2013
Docket Numbers: 2012-SC-000666-KB, 2012-SC-000667-KB
KENTUCKY BAR ASSOCIATION V. KATHLEEN S. HARDY
Date: May 23, 2013
Docket Number: 2012-SC-000799-KB
KENTUCKY BAR ASSOCIATION V. MURRAY J. PORATH
Date: May 23, 2013
Docket Number: 2012-SC-000832-KB
INQUIRY COMMISSION V. DENNIS MICHAEL RITCHIE
Date: May 23, 2013
Docket Number: 2013-SC-000131-KB
KENTUCKY BAR ASSOCIATION V. RODNEY S. JUSTICE
Date: May 23, 2013
Docket Number: 2013-SC-000154-KB
KENTUCKY BAR ASSOCIATION V. MURRAY J. PORATH
Date: May 23, 2013
Docket Number: 2013-SC-000162-KB
KENTUCKY BAR ASSOCIATION V. KIMBERLY S.I. GEVEDON
Date: May 23, 2013
Docket Number: 2013-SC-000163-KB
KENTUCKY BAR ASSOCIATION V. EARL C. MULLINS, JR.
Date: May 23, 2013
Docket Number: 2013-SC-000169-KB
DAVID WON-IHL SON V. KENTUCKY BAR ASSOCIATION
Date: May 23, 2013
Docket Number: 2013-SC-000213-KB
W. CRAIG AULENBACH V. KENTUCKY BAR ASSOCIATION
Date: May 23, 2013
Docket Number: 2013-SC-000222-KB
ROBERT M. ALEXANDER V. KENTUCKY BAR ASSOCIATION
Date: May 23, 2013
Docket Number: 2013-SC-000229-KB
WILLIAM R. PALMER, JR. V. KENTUCKY BAR ASSOCIATION
Date: May 23, 2013
Docket Number: 2013-SC-000233-KB
Newcomb v. Commonwealth  
Date: April 25, 2013
Docket Number: 2009-SC-000726-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of first-degree rape, one count of first-degree criminal trespass, and one count of intimidating a participant in a legal proceeding. Appellant was sentenced to t...

Ky. S. Coal Corp. v. Ky. Energy & Env't Cabinet  
Date: April 25, 2013
Docket Number: 2010-SC-000029-DG

Justia Opinion Summary: The Kentucky Energy and Environment Cabinet denied Kentucky Southern Coal Corporation's (KSCC) application to renew its surface and underground coal mining permit, finding that a bona fide dispute existed over KSCC's rig...

Flick v. Estate of Wittich  
Date: April 25, 2013
Docket Number: 2010-SC-000664-DG

Justia Opinion Summary: Appellant was sentenced to life imprisonment for the murder of Christina Wittich. Wittich's parents brought a wrongful death action against Appellant on behalf of their daughter's estate (Estate) and obtained a multi-mil...

Kiper v. Commonwealth  
Date: April 25, 2013
Docket Number: 2010-SC-000768-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of attempted murder, first-degree assault, first-degree wanton endangerment, and of being a first-degree persistent felony offender. Appellant appealed, arguing that his convic...

Kingrey v. Commonwealth  
Date: April 25, 2013
Docket Number: 2010-SC-000784-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of one count of use of a minor under the age of sixteen in a sexual performance and six counts of use of a minor under the age of eighteen in a sexual performance. Appellant wa...

Commonwealth v. Ky. Ret. Sys.  
Date: April 25, 2013
Docket Number: 2010-SC-000809-DG

Justia Opinion Summary: Plaintiffs were a group of county employees who were members of the County Employee Retirement System, which was administered by the Kentucky Retirement Systems (KRS). Plaintiffs sued KRS and the Commonwealth, alleging t...

Hale v. Commonwealth  
Date: April 25, 2013
Docket Number: 2011-SC-000115-DG

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree unlawful transaction with a minor in violation of Ky. Rev. Stat. 530.064(1) and sentenced to ten years in prison. The convictions stemmed from Defendant's induc...

ERVIN KING V. COMMONWEALTH OF KENTUCKY
Date: April 25, 2013
Docket Number: 2011-SC-000187-MR
N.C. v. Commonwealth  
Date: April 25, 2013
Docket Number: 2011-SC-000271-DG

Justia Opinion Summary: Defendant was a juvenile who admitted giving hydrocodone to another student. Defendant's confession was made directly in answer to questions from the school assistant principal, who was working with a deputy sheriff (Sch...

Johnson v. Commonwealth  
Date: April 25, 2013
Docket Number: 2011-SC-000365-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of the murder and first-degree criminal abuse of her two-year-old son. The Supreme Court affirmed the murder conviction but reversed the abuse conviction, holding (1) the trial...

Bd. of Educ. of Fayette County v. Hurley-Richards  
Date: April 25, 2013
Docket Number: 2011-SC-000599-DG

Justia Opinion Summary: After an administrative hearing by a Fayette County Public Schools tribunal, Appellee, an elementary school teacher of twenty-two years, was found guilty of "conduct unbecoming a teacher" and was suspended without pay fr...

Whitley v. Robertson County  
Date: April 25, 2013
Docket Number: 2011-SC-000612-DG

Justia Opinion Summary: At dispute in this case was passway located in Robertson County. Appellants, several individuals, contended that the passway was a private drive, whereas Appellees, Robertson County and one individual, contended that the...

Stinson v. Commonwealth  
Date: April 25, 2013
Docket Number: 2011-SC-000615-DG

Justia Opinion Summary: Appellant entered a conditional Alford guilty plea to first-degree sexual abuse under Ky. Rev. Stat. 510.110(1)(d) and was sentenced to one year's imprisonment. In accordance with his plea, Appellant admitted he did enga...

ALEXANDER L. RUFF V. COMMONWEALTH OF KENTUCKY
Date: April 25, 2013
Docket Number: 2011-SC-000640-MR
TERRENCE S. SILLAS V. COMMONWEALTH OF KENTUCKY
Date: April 25, 2013
Docket Number: 2011-SC-000655-MR
ROBIN L. MOORE V. COMMONWEALTH OF KENTUCKY
Date: April 25, 2013
Docket Number: 2011-SC-000700-MR
Meskimen v. Commonwealth  
Date: April 25, 2013
Docket Number: 2011-SC-000709-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree manslaughter, first-degree tampering with physical evidence, third-degree alcohol intoxication, and third-degree criminal trespass and was sentenced to twenty-f...

Hardin v. Commonwealth  
Date: April 25, 2013
Docket Number: 2011-SC-000722-TG

Justia Opinion Summary: Appellants were convicted of a 1992 murder based on highly circumstantial evidence. Both were sentenced to life imprisonment. Now represented by The Innocence Project, Appellant sought the release of certain physical evi...

Ky. Uninsured Employers' Fund v. Hoskins  
Date: April 25, 2013
Docket Number: 2012-SC-000008-WC

Justia Opinion Summary: Employee sustained injuries in the course of his employment with Four Star Transportation. Despite being hired by Four Star, Employee was initially considered an employee of Better Integrated Services. Better Integrated...

Rodriguez v. Commonwealth  
Date: April 25, 2013
Docket Number: 2012-SC-000049-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of Class A felony incest and sentenced to thirty years' imprisonment. Appellant appealed, alleging, among other claims of error, that the trial court issued erroneous jury inst...

Commonwealth v. Allen  
Date: April 25, 2013
Docket Number: 2012-SC-000099-WC

Justia Opinion Summary: Employee filed a claim for workers' compensation, alleging that he sustained injuries while working for Restaurant. Employee gained employment with Restaurant through a staff leasing company (Company). Employee agreed to...

KENTUCKY BAR ASSOCIATION V. DONALD H. MOREHEAD
Date: April 25, 2013
Docket Number: 2012-SC-000401-KB
KENTUCKY BAR ASSOCIATION V. MARIA A. FERNANDEZ
Date: April 25, 2013
Docket Number: 2012-SC-000471-KB
KENTUCKY BAR ASSOCIATION V. JEFFREY M. BLUM
Date: April 25, 2013
Docket Number: 2012-SC-000825-KB
KENTUCKY BAR ASSOCIATION V. CLIFFORD ALAN BRANHAM
Date: April 25, 2013
Docket Number: 2013-SC-000028-KB
KENTUCKY BAR ASSOCIATION V. D. ANTHONY BRINKER
Date: April 25, 2013
Docket Number: 2013-SC-000046-KB
KENTUCKY BAR ASSOCIATION V. WILLIAM NISBET, IV
Date: April 25, 2013
Docket Number: 2013-SC-000047-KB
GEOFFREY MILLER V. KENTUCKY BAR ASSOCIATION
Date: April 25, 2013
Docket Number: 2013-SC-000104-KB
DANIEL WARREN JAMES V. KENTUCKY BAR ASSOCIATION
Date: April 25, 2013
Docket Number: 2013-SC-000152-KB
Gibson v. Fuel Transport, Inc.  
Date: March 21, 2013
Docket Number: 2010-SC-000072-DG

Justia Opinion Summary: A tractor trailer owned by Fuel Transport and driven by its employee, Troy Vanderpool, overturned on a highway. Roger Russell was driving his vehicle with Topsie Gibson as his passenger when he collided with the truck an...

Allen v. Commonwealth  
Date: March 21, 2013
Docket Number: 2010-SC-000353-DG

Justia Opinion Summary: Appellant was convicted of perjury for lying in a criminal complaint and theft by deception for obtaining the discharge of a vehicle loan by lying to the finance company about whether her name had been forged on the loan...

Commonwealth v. Simmons  
Date: March 21, 2013
Docket Number: 2011-SC-000118-DG

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree trafficking in a controlled substance. The jury that found Defendant guilty of the offense had only eleven members because one of the jurors had broken her ankl...

Nunley v. Commonwealth  
Date: March 21, 2013
Docket Number: 2011-SC-000331-MR

Justia Opinion Summary: After a jury trial, Defendant was convicted of three counts of sodomy against his step-daughter. Defendant appealed, claiming that he was entitled to a mistrial for an alleged Brady violation and that the trial court err...

KENTUCKY BAR ASSOCIATION V. STANLEY M. CHESLEY
Date: March 21, 2013
Docket Number: 2011-SC-000382-KB
Jackson v. Commonwealth  
Date: March 21, 2013
Docket Number: 2011-SC-000390-MR

Justia Opinion Summary: After a jury trial, Defendant was convicted of three counts of murder and one count of first-degree arson. Defendant was sentenced to life imprisonment without the possibility of parole. The Supreme Court reversed Defend...

Lewis v. Commonwealth  
Date: March 21, 2013
Docket Number: 2011-SC-000395-DG

Justia Opinion Summary: Appellant entered a Walgreens Pharmacy and requested Oxycontin. The pharmacist alleged Appellant told him he had a gun. The police subsequently apprehended Appellant, whom they discovered to be highly impaired. A jury su...

Commonwealth v. Ousley  
Date: March 21, 2013
Docket Number: 2011-SC-000403-DG

Justia Opinion Summary: Without a search warrant, police walked onto Appellee's property and into an area near his home late at night to search trash in closed trash containers that had not been put out on the street for trash collection. The c...

ADRIAN BENTON V. COMMONWEALTH OF KENTUCKY
Date: March 21, 2013
Docket Number: 2011-SC-000411-MR
TERRY LEON AYERS V. COMMONWEALTH OF KENTUCKY
Date: March 21, 2013
Docket Number: 2011-SC-000436-MR
GEORGE GONZALEZ V. COMMONWEALTH OF KENTUCKY
Date: March 21, 2013
Docket Number: 2011-SC-000466-MR
TARELL THOMAS V. COMMONWEALTH OF KENTUCKY
Date: March 21, 2013
Docket Number: 2011-SC-000557-MR
Uninsured Employers' Fund v. Stanford  
Date: March 21, 2013
Docket Number: 2011-SC-000651-WC

Justia Opinion Summary: Matthew Stanford volunteered with the US Army Cadet Corp. (USACC). Stanford also participated in a program administered by Bluegrass Area Development District (Bluegrass). While accompanying the USACC cadets on a field t...

Stacy v. Commonwealth  
Date: March 21, 2013
Docket Number: 2012-SC-000065-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree riot and of being a first-degree persistent felony offender (PFO) and sentenced to twenty years in prison. The Supreme Court affirmed Appellant's convictions an...

CHARLES FRANKLIN MICHAEL V. COMMONWEALTH OF KENTUCKY
Date: March 21, 2013
Docket Number: 2012-SC-000097-MR
COREY D. TOOGOOD, JR. V. COMMONWEALTH OF KENTUCKY
Date: March 21, 2013
Docket Number: 2012-SC-000214-MR
KENTUCKY BAR ASSOCIATION V. CURTIS DONALD BRITT
Date: March 21, 2013
Docket Number: 2012-SC-000670-KB
KENTUCKY BAR ASSOCIATION V. KUNGU NJUGUNA
Date: March 21, 2013
Docket Number: 2012-SC-000755-KB
KENTUCKY BAR ASSOCIATION V. WILLIAM R. PALMER, JR.
Date: March 21, 2013
Docket Number: 2012-SC-000787-KB
KENTUCKY BAR ASSOCIATION V. EDWARD A. MAYER
Date: March 21, 2013
Docket Number: 2012-SC-000823-KB
KENTUCKY BAR ASSOCIATION V. HENRY J. CURTIS
Date: March 21, 2013
Docket Number: 2012-SC-000826-KB
ROBERT C. BISHOP V. KENTUCKY BAR ASSOCIATION
Date: March 21, 2013
Docket Number: 2013-SC-000044-KB
Stigler v. Flint  
Date: February 21, 2013
Docket Number: 2010-SC-000120-DG

Justia Opinion Summary: Appellee, an owner of a condominium managed by the Coach House and a member of a condominium association, requested that the Board of Directors of the Coach House allow him access to the financial records and minutes of...

Goncalves v. Commonwealth  
Date: February 21, 2013
Docket Number: 2010-SC-000142-MR

Justia Opinion Summary: After a jury trial, Defendant was convicted of robbery in the first degree and of being a persistent felony offender in the first degree. The trial court sentenced Defendant to thirty-five years imprisonment and imposed...

Edwards v. Harrod  
Date: February 21, 2013
Docket Number: 2010-SC-000770-DG

Justia Opinion Summary: Defendant pleaded guilty to three counts of first-degree robbery. Defendant was a minor at the time he committed the felonies, and because the offenses involved a firearm, Defendant was automatically transferred to the c...

Ordway v. Commonwealth  
Date: February 21, 2013
Docket Number: 2010-SC-000783-MR

Justia Opinion Summary: After a jury trial, Defendant was convicted of two counts of intentional murder and sentenced to death. The deaths occurred as a result of a shooting during which Appellant claimed he was acting in self-defense. Defendan...

Miller v. Commonwealth  
Date: February 21, 2013
Docket Number: 2011-SC-000030-DG

Justia Opinion Summary: Appellant was convicted of a misdemeanor and probated for the two-year statutory maximum on the condition that he attend counseling recommended by the Office of Probation and Parole. The Office recommended that Appellant...

U.B. THOMAS, III V. COMMONWEALTH OF KENTUCKY
Date: February 21, 2013
Docket Number: 2011-SC-000042-MR
ROBERT ANTHONY CARTER V. COMMONWEALTH OF KENTUCKY
Date: February 21, 2013
Docket Number: 2011-SC-000060-MR
Acosta v. Commonwealth  
Date: February 21, 2013
Docket Number: 2011-SC-000097-DG

Justia Opinion Summary: Defendant and her boyfriend, Roy Rankin, were prosecuted for the death of a six-month-old. The trial court instructed the jury on one count of first-degree criminal abuse as to Defendant, but the instructions covered two...

Wright v. Commonwealth  
Date: February 21, 2013
Docket Number: 2011-SC-000191-MR

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree fleeing or evading police, fourth-degree assault, possession of marijuana, and being a first-degree persistent felony offender (PFO). Defendant was sentenced to...

Peacher v. Commonwealth  
Date: February 21, 2013
Docket Number: 2011-SC-000248-MR

Justia Opinion Summary: Joshua Peacher and Nereia Allen appealed from judgments of the circuit court following a joint trial in which both were convicted of murder, first-degree assault, and first-degree criminal abuse from their mistreatment o...

Barnes v. Commonwealth  
Date: February 21, 2013
Docket Number: 2011-SC-000325-DG

Justia Opinion Summary: This case arose after a person house sitting the home of her friends found an intruder in the house. Later it was discovered that twenty pieces of jewelry were missing from the master bedroom. After a jury trial, Defenda...

Miller v. Commonwealth  
Date: February 21, 2013
Docket Number: 2011-SC-000340-MR

Justia Opinion Summary: Appellant was convicted of numerous counts of incest, rape, and sodomy for his sexual relationships with his two minor stepdaughters, M.P. and C.P. The Supreme Court affirmed Appellant's convictions, remanded to the tria...

MATTHEW SHELTON V. COMMONWEALTH OF KENTUCKY
Date: February 21, 2013
Docket Number: 2011-SC-000354-MR
STEPHEN TANNER V. COMMONWEALTH OF KENTUCKY
Date: February 21, 2013
Docket Number: 2011-SC-000364-MR
Biyad v. Commonwealth  
Date: February 21, 2013
Docket Number: 2011-SC-000409-MR

Justia Opinion Summary: Appellant was convicted of four counts of murder and one count of attempted murder for the murders of his four children and the attempted murder of his wife. Appellant was sentenced to life imprisonment without parole. A...

Patel v. Tuttle Props., LLC  
Date: February 21, 2013
Docket Number: 2011-SC-000415-DG

Justia Opinion Summary: Appellant and Appellees were engaged in a commercial real estate transaction. Appellant was unable to secure adequate financing to close the transaction, and Appellees retained his earnest money deposit. Appellant filed...

GARY ROBINSON V. COMMONWEALTH OF KENTUCKY
Date: February 21, 2013
Docket Number: 2011-SC-000440-MR
MHC Kenworth-Knoxville/Nashville v. M & H Trucking, LLC  
Date: February 21, 2013
Docket Number: 2011-SC-000441-DG

Justia Opinion Summary: This case arose from the sale of a truck by Appellant to Appellee. The parties executed a document titled "customer sales order" formalizing the deal that contained a binding arbitration provision. The provision failed t...

Browning v. Preece  
Date: February 21, 2013
Docket Number: 2011-SC-000459-DG

Justia Opinion Summary: Appellee filed suit in the circuit court against Tammie and Brooksie Horn to obtain a judgment securing his right to an easement on property owned by the Horns and property owned by Appellant. Appellant was added as a de...

JIMMY CORNETTE, JR. V. COMMONWEALTH OF KENTUCKY
Date: February 21, 2013
Docket Number: 2011-SC-000479-MR
ALASTAIR MARTEL COUCH V. COMMONWEALTH OF KENTUCKY
Date: February 21, 2013
Docket Number: 2011-SC-000603-MR
RONALD SIMPSON V. COMMONWEALTH OF KENTUCKY
Date: February 21, 2013
Docket Number: 2011-SC-000707-MR
RODERICK DENNIS BLINCOE V. COMMONWEALTH OF KENTUCKY
Date: February 21, 2013
Docket Number: 2011-SC-000708-MR
WARDELL COLEMAN V. COMMONWEALTH OF KENTUCKY
Date: February 21, 2013
Docket Number: 2011-SC-000767-MR
Blount v. Commonwealth  
Date: February 21, 2013
Docket Number: 2012-SC-000002-MR

Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of first-degree sodomy and two counts of first-degree sexual abuse and was sentenced to twenty years' imprisonment. The victim of Appellant's alleged crimes was h...

JAMES SIMMONS V. COMMONWEALTH OF KENTUCKY
Date: February 21, 2013
Docket Number: 2012-SC-000064-MR
Robertson v. Circuit Court  
Date: February 21, 2013
Docket Number: 2012-SC-000387-MR

Justia Opinion Summary: Appellant, the representative of a decedent's estate, hired attorneys David Mushlin and William Nefzger and their law firm to pursue a medical negligence claim against a hospital and several physicians. The trial court l...

KENTUCKY BAR ASSOCIATION V. BRIAN PATRICK CURTIS
Date: February 21, 2013
Docket Number: 2012-SC-000672-KB
KENTUCKY BAR ASSOCIATION V. GAIL SMITH SLONE
Date: February 21, 2013
Docket Number: 2012-SC-000673-KB
KENTUCKY BAR ASSOCIATION V. ANDREW L. HOLTON
Date: February 21, 2013
Docket Number: 2012-SC-000710-KB
TIMOTHY A. PARKER V. KENTUCKY BAR ASSOCIATION
Date: February 21, 2013
Docket Number: 2012-SC-000778-KB
BRANDON J. LAWRENCE V. KENTUCKY BAR ASSOCIATION
Date: February 21, 2013
Docket Number: 2012-SC-000779-KB
KENTUCKY BAR ASSOCIATION V. WILLIAM R. PALMER, JR.
Date: February 21, 2013
Docket Number: 2012-SC-000787-KB
ROBERT F. WRIGHT V. KENTUCKY BAR ASSOCIATION
Date: February 21, 2013
Docket Number: 2012-SC-000813-KB
KENTUCKY BAR ASSOCIATION V. JACK F. DURIE, JR.
Date: February 21, 2013
Docket Number: 2012-SC-000824-KB
CLIFFORD ALAN BRANHAM V. KENTUCKY BAR ASSOCIATION
Date: February 21, 2013
Docket Number: 2013-SC-000027-KB
TRAVIS OLEN MYLES, JR. V. KENTUCKY BAR ASSOCIATION
Date: February 21, 2013
Docket Number: 2013-SC-000045-KB
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