Kentucky Supreme Court Decisions 2013

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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.…

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…

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.…

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…

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,…

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…

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…

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…

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.…

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'…

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)…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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,…

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…

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…

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.…

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…

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…

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…

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…

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…

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,…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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…

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…

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…

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,…

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…

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.…

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…

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…

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…

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…

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…