Kentucky Supreme Court Decisions 2014
Date: December 18, 2014
Docket Numbers: 2011-SC-000318-MR, 2013-SC-000258-MR
Justia Opinion Summary: After a jury trial, Appellant was convicted of murder, assault in the first degree, two counts of assault in the fourth degree, driving under the influence of intoxicants, and tampering with physical evidence. Appellant…
Date: December 18, 2014
Docket Numbers: 2011-SC-000756-DG, 2012-SC-000104-DG
Justia Opinion Summary: At issue in these two cases was the applicable scope of Ky. Rev. Stat. 15.520, which sets forth specific procedural rights for police officers who are accused of misconduct and face the disciplinary processes…
Date: December 18, 2014
Docket Number: 2012-SC-000432-MR
Date: December 18, 2014
Docket Number: 2012-SC-000591-DG
Justia Opinion Summary: After a jury trial, Appellant was convicted of sixty-seven counts of possession of matter portraying a sexual performance by a minor. The convictions arose from the discovery upon a forensic examination of partially…
Date: December 18, 2014
Docket Numbers: 2012-SC-000621-DG, 2012-SC-000626-DG
Justia Opinion Summary: Virgin Mobile USA (Virgin) began doing business in Kentucky as a commercial mobile radio service (CMRS) provider in 2002. In 2006, Virgin asked the Commercial Mobile Radio Emergency Service Telecommunications Board (the…
Date: December 18, 2014
Docket Number: 2012-SC-000665-WC
Justia Opinion Summary: Andrea Schrecker was injured when she crossed a street where there was no crosswalk and was struck by a car. Schrecker had decided to skip her lunch break due to an absence of a co-employee that day and was going to get…
Date: December 18, 2014
Docket Number: 2012-SC-000707-DG
Justia Opinion Summary: After Peggy Branham was involved in an accident, she was transported to the University of Kentucky Medical Center, where she was examined and treated by several physicians (Physicians). Two and one half hours after…
Date: December 18, 2014
Docket Numbers: 2013-SC-000002-DG, 2013-SC-000007-DG
Justia Opinion Summary: Joseph Toler, who had been employed with Sud-Chemie, Inc. for approximately twenty-five years, was discharged after co-workers reported that Toler made racist comments in the workplace. Toler filed a complaint for…
Date: December 18, 2014
Docket Number: 2013-SC-000004-DG
Justia Opinion Summary: Defendant pleaded guilty to unlawful possession of a methamphetamine precursor, second offense. Defendant was sentenced to a ten-year prison term and placed on supervised probation for a period of five years. While on…
Date: December 18, 2014
Docket Number: 2013-SC-000140-MR
Justia Opinion Summary: After a jury trial, Appellant was convicted of two counts of murder and sentenced to life in prison without the possibility of parole. The Supreme Court affirmed, holding (1) any error in the admission of a state police…
Date: December 18, 2014
Docket Number: 2013-SC-000209-MR
Justia Opinion Summary: After a jury trial, Appellant was convicted of third-degree terroristic threatening, other firearm-related offenses, and of being a first-degree persistent felony offender. Appellant appealed, arguing, among other…
Date: December 18, 2014
Docket Number: 2013-SC-000230-WC
Justia Opinion Summary: William Goble suffered a work-related back injury and timely filed a claim and an amended claim asserting that he suffered a low-back injury and that he also suffered a psychological injury. An administrative law judge…
Date: December 18, 2014
Docket Number: 2013-SC-000231-TG
Date: December 18, 2014
Docket Number: 2013-SC-000234-DG
Justia Opinion Summary: In 1994, C. Barr and Joann Schuler subdivided their property, thereby creating the Woodlawn Springs Subdivision. Each phase of development was subject to a Declaration of Covenants, Conditions, and Restrictions…
Date: December 18, 2014
Docket Number: 2013-SC-000321-MR
Date: December 18, 2014
Docket Number: 2013-SC-000345-MR
Justia Opinion Summary: A New York Supreme Court awarded Inverultra, S.A., a Panamanian company, a $1.8 million judgment against three Honduran companies, including Parque Industrial Bufalo, S.A. de C.V. (ZIP Bufalo). Inverultra registered its…
Date: December 18, 2014
Docket Number: 2013-SC-000383-DG
Justia Opinion Summary: In two separate incidents, Appellant’s dog, Franklin, attacked other dogs. In the second incident, Franklin attacked another dog while under the supervision of Appellant’s mother. The district court found Appellant was…
Date: December 18, 2014
Docket Number: 2013-SC-000385-MR
Date: December 18, 2014
Docket Number: 2013-SC-000518-MR
Date: December 18, 2014
Docket Number: 2013-SC-000543-WC
Date: December 18, 2014
Docket Number: 2013-SC-000588-MR
Justia Opinion Summary: After a jury trial, Appellant was convicted of first-degree rape, first-degree sexual abuse, and being a first-degree persistent felony offender. Appellant was sentenced to life without the possibility of probation or…
Date: December 18, 2014
Docket Number: 2013-SC-000665-MR
Justia Opinion Summary: In 2011, Appellant was convicted of first-degree wanton endangerment, first-degree fleeing or evading police, and second-degree burglary. Appellant was sentenced to concurrent sentences. The Supreme Court (1) reversed…
Date: December 18, 2014
Docket Number: 2013-SC-000678-MR
Date: December 18, 2014
Docket Number: 2013-SC-000689-KB
Date: December 18, 2014
Docket Number: 2013-SC-000788-MR
Date: December 18, 2014
Docket Number: 2013-SC-000803-MR
Justia Opinion Summary: Plaintiffs, former members of the St. Joseph Catholic Orphan Society’s Board of Trustees, sued St. Joseph, challenging the validity of the Board’s action removing them from the Board and seeking reappointment to the…
Date: December 18, 2014
Docket Number: 2013-SC-000815-MR
Date: December 18, 2014
Docket Number: 2014-SC-000012-MR
Date: December 18, 2014
Docket Number: 2014-SC-000019-WC
Date: December 18, 2014
Docket Number: 2014-SC-000031-WC
Date: December 18, 2014
Docket Number: 2014-SC-000085-WC
Date: December 18, 2014
Docket Number: 2014-SC-000098-CL
Justia Opinion Summary: Plaintiff filed suit in federal district court against her former employer, a hospital, alleging that she was terminated because she was preparing to report a medication error to an appropriate hospital regulatory…
Date: December 18, 2014
Docket Number: 2014-SC-000102-WC
Date: December 18, 2014
Docket Number: 2014-SC-000189-WC
Date: December 18, 2014
Docket Number: 2014-SC-000400-KB
Date: December 18, 2014
Docket Number: 2014-SC-000480-KB
Date: December 18, 2014
Docket Number: 2014-SC-000482-KB
Date: December 18, 2014
Docket Number: 2014-SC-000498-KB
Date: December 18, 2014
Docket Number: 2014-SC-000559-KB
Date: October 23, 2014
Docket Number: 2012-SC-000219-DG
Justia Opinion Summary: After a jury trial, Appellant was convicted of second-degree manslaughter for killing her husband. Appellant was sentenced to eight years’ imprisonment. Appellant appealed, arguing that the trial court erred by admitting…
Date: October 23, 2014
Docket Number: 2012-SC-000330-MR
Date: October 23, 2014
Docket Number: 2012-SC-000649-MR
Date: October 23, 2014
Docket Number: 2012-SC-000716-DG
Justia Opinion Summary: Plaintiffs, several lot owners in Sandy Beach Subdivision, filed a petition for declaration of rights seeking a declaration that Sandy Beach Lane, a subdivision roadway, was a private roadway. Plaintiff also sought to…
Date: October 23, 2014
Docket Number: 2012-SC-000756-DG
Date: October 23, 2014
Docket Number: 2013-SC-000071-MR
Date: October 23, 2014
Docket Number: 2013-SC-000208-MR
Justia Opinion Summary: Appellant was convicted of two counts of first degree sexual abuse and three counts of first degree sodomy of two victims, Sarah and Nicholas. The Supreme Court affirmed, holding (1) any error that occurred by the…
Date: October 23, 2014
Docket Number: 2013-SC-000278-MR
Date: October 23, 2014
Docket Number: 2013-SC-000291-DG
Justia Opinion Summary: After a jury trial, Appellant was found guilty of the second-degree rape of a twelve-year-old girl and sentenced to ten years’ imprisonment. The court of appeals affirmed. On appeal, Appellant argued, among other things,…
Date: October 23, 2014
Docket Number: 2013-SC-000380-MR
Date: October 23, 2014
Docket Number: 2013-SC-000390-WC
Date: October 23, 2014
Docket Number: 2013-SC-000528-DG
Justia Opinion Summary: Plaintiff filed a personal injury action against Defendants after sustaining serious injuries in an automobile collision. In the first trial, the jury was instructed on the “sudden emergency” doctrine and returned a…
Date: October 23, 2014
Docket Number: 2014-SC-000049-WC
Date: October 23, 2014
Docket Number: 2014-SC-000154-MR
Date: October 23, 2014
Docket Number: 2014-SC-000399-KB
Date: October 23, 2014
Docket Number: 2014-SC-000410-KB
Date: October 23, 2014
Docket Number: 2014-SC-000470-I
Justia Opinion Summary: After Employer terminated an employment agreement with Employee, Employee sued for wrongful termination, seeking a declaration that a non-competition provision in the employment agreement was unenforceable. The trial…
Date: October 23, 2014
Docket Number: 2014-SC-000543-KB
Date: September 18, 2014
Docket Number: 2011-SC-000662-DG
Justia Opinion Summary: Defendant was taken into custody after a warrantless search of his vehicle. Defendant was subsequently indicted for handgun- and drug-related offenses. The trial court granted Defendant’s motion to suppress the evidence…
Date: September 18, 2014
Docket Number: 2012-SC-000008-WC
Justia Opinion Summary: Kentucky Employers’ Mutual Insurance (KEMI) was the workers’ compensation carrier for Beacon Enterprises, Inc. at the time that Julian Hoskins was injured during the course of his employment with Four Star…
Date: September 18, 2014
Docket Number: 2012-SC-000427-MR
Justia Opinion Summary: Patrick Darcy and his codefendant, Randy McCleery, Jr., were separately indicted for crimes arising out of the burglary of a residence but were scheduled to be jointly tried. Twelve days before the scheduled trial date,…
Date: September 18, 2014
Docket Number: 2012-SC-000603-MR
Justia Opinion Summary: Luvetta Goff died as a result of complications from elective surgery performed by Appellants at the University of Kentucky Hospital (UK Hospital). Goff’s estate filed a wrongful death and medical malpractice action…
Date: September 18, 2014
Docket Number: 2012-SC-000648-KB
Date: September 18, 2014
Docket Number: 2012-SC-000744-MR
Date: September 18, 2014
Docket Number: 2013-SC-000196-DGE
Justia Opinion Summary: In this custody modification action involving former spouses, the trial court appointed a guardian ad litem (GAL) for the parties’ younger daughter, A.G., to investigate the situation and file a report summarizing his…
Date: September 18, 2014
Docket Number: 2013-SC-000333-WC
Date: September 18, 2014
Docket Number: 2013-SC-000343-MR
Justia Opinion Summary: Appellant was convicted of the murder and repeated sexual assault of his girlfriend. On appeal, Appellant argued, among other things, that the evidence against him, particularly the contents of his cell phone depicting…
Date: September 18, 2014
Docket Number: 2013-SC-000371-WC
Date: September 18, 2014
Docket Number: 2013-SC-000439-WC
Date: September 18, 2014
Docket Number: 2013-SC-000488-WC
Date: September 18, 2014
Docket Number: 2013-SC-000624-MR
Date: September 18, 2014
Docket Number: 2013-SC-000663-MR
Date: September 18, 2014
Docket Number: 2013-SC-000735-MR
Justia Opinion Summary: After a jury trial, Appellant was found guilty of criminal attempt to commit murder and first-degree criminal assault. The Supreme Court (1) affirmed Appellant’s conviction and sentence for attempted murder and reversed…
Date: September 18, 2014
Docket Number: 2013-SC-000771-MR
Date: September 18, 2014
Docket Number: 2013-SC-000786-MR
Date: September 18, 2014
Docket Number: 2014-SC-000091-I
Justia Opinion Summary: The Lexington-Fayette Urban County Government Board of Adjustment (Board) filed a motion for a temporary injunction pursuant to Ky. R. Civ. P. 65.04 seeking to enjoin Boone Creek Properties, Inc. (Boone Creek) from…
Date: September 18, 2014
Docket Number: 2014-SC-000138-KB
Date: September 18, 2014
Docket Number: 2014-SC-000411-KB
Date: September 18, 2014
Docket Number: 2014-SC-000457-KB
Date: August 21, 2014
Docket Number: 2011-SC-000332-DG
Justia Opinion Summary: Appellants, former employees of the University of Kentucky, filed suit against the University alleging that, by rejecting their applications for disability status, the University breached a written contract consisting of…
Date: August 21, 2014
Docket Number: 2011-SC-000422-DG
Justia Opinion Summary: Plaintiff filed suit against Defendants alleging fraud, defamation, abuse of process, breach of fiduciary duty, and other claims. Plaintiff also requested declaratory judgment, accounting, and injunctive relief. Pursuant…
Date: August 21, 2014
Docket Number: 2011-SC-000755-DG
Justia Opinion Summary: Appellant pleaded guilty to several offenses, including manufacturing methamphetamine while in possession of a firearm and being a first-degree persistent felony offender, and received a maximum sentence of twenty years’…
Date: August 21, 2014
Docket Number: 2011-SC-000774-MR
Justia Opinion Summary: After a jury trial, Appellant was convicted of capital murder and sentenced to death. The Supreme Court affirmed the conviction but remanded for a new sentencing trial. After a retrial, the jury again returned a…
Date: August 21, 2014
Docket Number: 2012-SC-000120-DG
Justia Opinion Summary: After a jury convicted Appellant of possession of a handgun by a convicted felon Appellant entered a conditional guilty plea to various other charges. On appeal, Appellant challenged the trial court’s exclusion of…
Date: August 21, 2014
Docket Number: 2012-SC-000324-DG
Justia Opinion Summary: Lebron Gaither was eighteen years old when he began working as a confidential informant for the Kentucky State Police (KSP). Lebron was tortured and killed while working as a confidential informant. Gaither’s Estate…
Date: August 21, 2014
Docket Number: 2012-SC-000474-MR
Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of burglary, three counts of theft by unlawful taking of a firearm, one count of theft by unlawful taking of property having a value of $500 or more, and of being…
Date: August 21, 2014
Docket Number: 2012-SC-000563-DG
Justia Opinion Summary: After a trial, the circuit court dissolved the marriage of Kaven Rumpel and Kathie Rumpel, restored to the parties their non-marital property, apportioned between them the marital debts and assets, and awarded Kathie…
Date: August 21, 2014
Docket Number: 2012-SC-000603-MR
Justia Opinion Summary: Luvetta Goff died as a result of complications from surgery performed by Appellants at the University of Kentucky Hospital. Goff’s estate filed an action against Appellants, alleging wrongful death and medical…
Date: August 21, 2014
Docket Number: 2012-SC-000621-DG
Justia Opinion Summary: Virgin Mobile USA (Virgin) began doing business in Kentucky as a commercial mobile radio service (CMRS) provider in 2002. In July 2006, the General Assembly amended Ky. Rev. Stat. 65.7629(3), which required Virgin to…
Date: August 21, 2014
Docket Numbers: 2012-SC-000703-MR, 2012-SC-000704-MR
Date: August 21, 2014
Docket Number: 2012-SC-000750-DG
Justia Opinion Summary: Appellant was injured while working as a carman for CSX Transportation, Inc. (CSXT). Appellant sued CSXT under the Federal Employers’ Liability Act (FELA), asserting that his injuries were, in part, the result of CSXT’s…
Date: August 21, 2014
Docket Number: 2013-SC-000030-DG
Date: August 21, 2014
Docket Number: 2013-SC-000030-MR
Justia Opinion Summary: Appellant and her former husband filed competing domestic violence petitions. Emergency protective orders (EPOs) were entered against each. Judge Larry Thompson recused from both cases, and Judge Julie Paxton was…
Date: August 21, 2014
Docket Number: 2013-SC-000085-DG
Justia Opinion Summary: Flanagan’s Ale House applied for a retail liquor drink license to replace its restaurant drink license. The Louisville/Jefferson County Government (Louisville Metro) denied the application, relying on Ky. Rev. Stat.…
Date: August 21, 2014
Docket Number: 2013-SC-000146-MR
Justia Opinion Summary: After a jury trial, Defendant was convicted of burglary in the first degree, assault in the fourth degree, and for being a persistent felony offender in the first degree. The Supreme Court affirmed, holding that the…
Date: August 21, 2014
Docket Number: 2013-SC-000204-MR
Date: August 21, 2014
Docket Number: 2013-SC-000235-WC
Date: August 21, 2014
Docket Number: 2013-SC-000270-KB
Date: August 21, 2014
Docket Number: 2013-SC-000334-WC
Date: August 21, 2014
Docket Number: 2013-SC-000338-WC
Date: August 21, 2014
Docket Number: 2013-SC-000346-WC
Justia Opinion Summary: Appellant represented Claimant in a workers’ compensation case. The Chief Administrative Law Judge (CALJ) entered an interlocutory order, which resulted in Claimant receiving temporary total occupational disability…
Date: August 21, 2014
Docket Number: 2013-SC-000361-MR
Date: August 21, 2014
Docket Number: 2013-SC-000407-WC
Date: August 21, 2014
Docket Number: 2013-SC-000421-KB
Date: August 21, 2014
Docket Number: 2013-SC-000433-MR
Date: August 21, 2014
Docket Number: 2013-SC-000545-MR
Justia Opinion Summary: Appellant pled guilty to charges of murder, abuse of a corpse, and tampering with physical evidence in connection with the shooting death of her husband, as well as several counts of forgery. Appellant was sentenced to…
Date: August 21, 2014
Docket Number: 2013-SC-000733-MR
Date: August 21, 2014
Docket Number: 2014-SC-000192-KB
Date: August 21, 2014
Docket Number: 2014-SC-000218-KB
Date: August 21, 2014
Docket Number: 2014-SC-000232-KB
Date: August 21, 2014
Docket Number: 2014-SC-000233-KB
Date: August 21, 2014
Docket Number: 2014-SC-000288-KB
Date: August 21, 2014
Docket Number: 2014-SC-000323-MR
Justia Opinion Summary: Marc Rosen, a retired senior status special judge who sought to become a candidate for circuit judge in the 2014 election, filed a declaratory judgment action contesting the constitutionality of HB 427, a statute that…
Date: June 19, 2014
Docket Number: 2011-SC-000332-DG
Justia Opinion Summary: Appellants, two employees of the University of Kentucky, sued the University, claiming that the University breached contractual obligations to provide them with benefits under a long-term disability compensation program…
Date: June 19, 2014
Docket Numbers: 2011-SC-000541-MR, 2011-SC-000585-MR
Date: June 19, 2014
Docket Number: 2011-SC-000659-DG
Justia Opinion Summary: Some members of the United Brotherhood of Carpenters (Union), an unincorporated association of carpenters, volunteered to help build a barn for Birchwood Conservation Center, a non-profit organization, but failed to…
Date: June 19, 2014
Docket Number: 2011-SC-000780-DG
Justia Opinion Summary: Appellee was indicted and convicted of two counts of identity theft. Appellee’s convictions arose from allegations that Appellee opened credit card accounts and obtained checks using her ex-husband’s name and that she…
Date: June 19, 2014
Docket Number: 2012-SC-000071-DG
Justia Opinion Summary: The 2008-2010 biennial budget bill, enacted by the General Assembly, provided for the transfer to the State’s general fund of over $10 million from funds created within the Department of Housing, Buildings and…
Date: June 19, 2014
Docket Number: 2012-SC-000165-DG
Justia Opinion Summary: Appellant, a Kentucky-licensed land surveyor, testified as a trial expert on behalf of defendants in a quiet-title action in circuit court. The trial court eventually ruled in favor of the plaintiffs. Alleging that…
Date: June 19, 2014
Docket Number: 2012-SC-000179-MR
Justia Opinion Summary: After a jury trial, Appellant was convicted of murdering his wife and sentenced to life imprisonment. The Supreme Court reversed the conviction, holding (1) the evidence was sufficient to deny Appellant’s motion for a…
Date: June 19, 2014
Docket Number: 2012-SC-000238-MR
Justia Opinion Summary: After a jury trial, Defendants were convicted in a joint trial of several drug-related crimes. The Supreme Court consolidated Defendants’ appeals and affirmed all convictions for both Defendants with the exception of…
Date: June 19, 2014
Docket Number: 2012-SC-000249-DG
Justia Opinion Summary: Certified Tool and Manufacturing Corporation purchased a Komatsu press and agreed in a “lease” to pay Capital Community Economic/Industrial Development Corporation monthly payments for the press. Certified Tool later…
Date: June 19, 2014
Docket Number: 2012-SC-000267-DG
Justia Opinion Summary: A Law Firm had an escrow account with a Bank and authorized an employee to sign checks on the account by herself. The employee began embezzling money from the Firm’s various escrow accounts by engaging in a scheme called…
Date: June 19, 2014
Docket Number: 2012-SC-000395-MR
Justia Opinion Summary: After a trial, Appellant was convicted of first-degree sodomy, intimidating a participant in the legal process, second-degree wanton endangerment, third-degree terroristic threatening, and being a persistent felony…
Date: June 19, 2014
Docket Number: 2012-SC-000431-DG
Justia Opinion Summary: In 2008, Appellant stabbed and killed Cory Kessnick. Appellant filed a motion to dismiss, arguing that he was entitled to immunity under Ky. Rev. Stat. 503.085, which provides immunity from criminal prosecution to…
Date: June 19, 2014
Docket Number: 2012-SC-000462-DG
Justia Opinion Summary: Barbara Allgeier sustained serious injuries as a passenger on a bus operated by MV Transportation, Inc. Allgeier filed suit against MV, alleging that her injury was caused by the bus driver’s negligence for which MV was…
Date: June 19, 2014
Docket Number: 2012-SC-000605-MR
Date: June 19, 2014
Docket Number: 2012-SC-000614-DG
Justia Opinion Summary: After a jury trial, Appellee was found guilty of second-degree arson, second-degree burglary, and of being a first-degree persistent felony offender. The trial court erred in its peremptory strike allocation during voir…
Date: June 19, 2014
Docket Number: 2012-SC-000622-DG
Justia Opinion Summary: In 2010, the Kentucky Board of Nursing placed the Sullivan University System’s (Spencerian) Applied Science in Nursing (ADN) program on probationary status. Spencerian filed suit, alleging that the Board’s decision was…
Date: June 19, 2014
Docket Number: 2012-SC-000650-MR
Date: June 19, 2014
Docket Number: 2012-SC-000651-DG
Justia Opinion Summary: After Donald Brown had worked for Charles T. Creech, Inc. for more than sixteen years, Creech asked Brown to sign an agreement that contained a non-compete provision. Brown signed the agreement. After Brown went to work…
Date: June 19, 2014
Docket Number: 2012-SC-000696-MR
Date: June 19, 2014
Docket Number: 2012-SC-000791-WC
Justia Opinion Summary: Appellant worked for Christopher & Banks, a retail clothing store, when she slipped and fell while walking around her car, which was parked in the employee parking lot. Christopher & Banks subsequently denied Appellant’s…
Date: June 19, 2014
Docket Numbers: 2013-SC-000020-WC, 2013-SC-000052-WC
Date: June 19, 2014
Docket Number: 2013-SC-000023-DG
Justia Opinion Summary: In 2011, the Bullitt County Board of Health enacted a Regulation that prohibited tobacco smoke in all enclosed public places, among other places, and placed additional restrictions regarding tobacco use on…
Date: June 19, 2014
Docket Number: 2013-SC-000034-MR
Justia Opinion Summary: After a jury trial, Appellant was convicted of the use of a weapon of mass destruction in the second degree for and attempted murder for installing a pipe bomb in a car. Appellant was sentenced to forty years in prison.…
Date: June 19, 2014
Docket Number: 2013-SC-000057-WC
Date: June 19, 2014
Docket Numbers: 2013-SC-000072-MR, 2013-SC-000128-MR
Date: June 19, 2014
Docket Number: 2013-SC-000102-WC
Date: June 19, 2014
Docket Number: 2013-SC-000114-WC
Date: June 19, 2014
Docket Number: 2013-SC-000129-MR
Justia Opinion Summary: After a jury trial, Appellant was found guilty of manufacturing methamphetamine while in possession of a firearm, of being a convicted felon in possession of a hand gun, and possession of marijuana. The trial court…
Date: June 19, 2014
Docket Number: 2013-SC-000212-WC
Date: June 19, 2014
Docket Number: 2013-SC-000256-WC
Date: June 19, 2014
Docket Number: 2013-SC-000376-MR
Date: June 19, 2014
Docket Number: 2013-SC-000381-MR
Justia Opinion Summary: After a jury trial, Appellant was found guilty of second-degree manslaughter and of being a first-degree persistent felony offender. Appellant was sentenced to ten years’ imprisonment enhanced to twenty years’…
Date: June 19, 2014
Docket Number: 2013-SC-000444-MR
Justia Opinion Summary: A former teacher, Terum Hopper, filed a wrongful termination action against the Jefferson County Board of Education. The Board moved for summary judgment, arguing that Hopper’s tort claims were barred by governmental…
Date: June 19, 2014
Docket Number: 2013-SC-000765-KB
Date: June 19, 2014
Docket Number: 2014-SC-000197-KB
Date: June 19, 2014
Docket Number: 2014-SC-000257-KB
Date: March 20, 2014
Docket Number: 2011-SC-000468-DG
Justia Opinion Summary: The City of Lebanon sought to annex several hundred acres of nearby property. The owners of the property subject to the annexation, including Appellees, filed a lawsuit against the City to invalidate the annexation…
Date: March 20, 2014
Docket Number: 2011-SC-000587-DG
Justia Opinion Summary: Ann Shannon was the sole member of a limited liability company (LLC). In 2004, Shannon signed a lease for commercial space with the property’s owner, Rick Pannell, on behalf of the LLC. In 2005, the LLC was…
Date: March 20, 2014
Docket Number: 2011-SC-000668-DG
Justia Opinion Summary: James Taylor sued Chase Bank for failure to comply with the Uniform Commercial Code in regard to a check that had been returned for insufficient funds. The trial court concluded that there was an arbitration agreement…
Date: March 20, 2014
Docket Number: 2012-SC-000015-MR
Justia Opinion Summary: After a jury trial, Appellant was found guilty of one count of complicity to murder and one count of first-degree complicity to robbery. Appellant was sentenced to life imprisonment on the murder count and to twenty…
Date: March 20, 2014
Docket Number: 2012-SC-000131-DG
Justia Opinion Summary: After a prison disciplinary hearing, Appellant, a prisoner, was found guilty of committing physical action against another inmate resulting in death or serious physical injury. Appellant subsequently filed a declaration…
Date: March 20, 2014
Docket Number: 2012-SC-000179-MR
Justia Opinion Summary: After a jury trial, Appellant was found guilty of murdering his wife and sentenced to life in prison. On appeal, Appellant alleged, inter alia, that he was entitled to a directed verdict and that the trial court erred in…
Date: March 20, 2014
Docket Number: 2012-SC-000266-KB
Date: March 20, 2014
Docket Number: 2012-SC-000317-DG
Justia Opinion Summary: Appellant was severely injured in an automobile collision in Kentucky while driving a truck for Miller Pipeline Corporation. Appellant received workers’ compensation benefits and settled with the tortfeasor and then…
Date: March 20, 2014
Docket Number: 2012-SC-000481-DG
Justia Opinion Summary: Appellee was an inmate when he was allegedly involved in a riot. During an interview with an investigating officer, Appellee requested that three witnesses be questioned who could corroborate his version of events, but…
Date: March 20, 2014
Docket Number: 2012-SC-000701-MR
Justia Opinion Summary: Appellant was convicted of rape in the first degree, sodomy in the first degree, and assault in the fourth degree, third offense. The trial in this case was trifurcated. During the first phase, the jury convicted…
Date: March 20, 2014
Docket Number: 2012-SC-000746-WC
Date: March 20, 2014
Docket Number: 2013-SC-000031-WC
Date: March 20, 2014
Docket Number: 2013-SC-000215-MR
Justia Opinion Summary: After a jury trial in 1993, Appellant was found guilty of murdering two brothers, Rodney Vaughn and Lynn Vaughn. The trial court sentenced Appellant to death for both murders. In 2013, Appellant filed a motion for…
Date: March 20, 2014
Docket Number: 2013-SC-000284-MR
Date: March 20, 2014
Docket Number: 2013-SC-000403-MR
Date: March 20, 2014
Docket Number: 2013-SC-000459-MR
Date: March 20, 2014
Docket Number: 2013-SC-000609-MR
Date: March 20, 2014
Docket Number: 2013-SC-000710-KB
Date: February 20, 2014
Docket Number: 2010-SC-000226-MR
Justia Opinion Summary: Appellant pled guilty to several crimes, including capital murder. The circuit court sentenced Appellant to death for his six capital crimes and to life imprisonment for rape, kidnapping, and arson. The Supreme Court…
Date: February 20, 2014
Docket Number: 2011-SC-000565-DG
Justia Opinion Summary: Judith Burton filed a complaint against Dr. Philip Trover, a radiologist, and the Trover Clinic Foundation (TCF), Dr. Trover’s employer, alleging (1) Dr. Trover misread CT scans of her lungs, thereby delaying the…
Date: February 20, 2014
Docket Number: 2011-SC-000709-MR
Justia Opinion Summary: After a jury trial, Appellant was found guilty of first-degree manslaughter, tampering with physical evidence, alcohol intoxication, and criminal trespass. For his crimes, Appellant received a twenty-five-year prison…
Date: February 20, 2014
Docket Number: 2012-SC-000007-DG
Justia Opinion Summary: After a jury trial, Appellee was convicted of possession of a controlled substance, fleeing or evading police, and being a persistent felony offender. The judgment was affirmed on appeal. Appellee subsequently filed a…
Date: February 20, 2014
Docket Number: 2012-SC-000026-DG
Justia Opinion Summary: In this divorce action between Michael and Mary Bell, the trial court set the amount of Michael’s monthly child-support obligation by deducting unreimbursed business expenses from Michael’s gross income rather than…
Date: February 20, 2014
Docket Number: 2012-SC-000100-MR
Date: February 20, 2014
Docket Number: 2012-SC-000111-DG
Justia Opinion Summary: Appellant entered a conditional guilty plea to possession of a controlled substance and carrying a concealed deadly weapon. Appellant appealed the district court’s denial of his motion to suppress evidence seized upon…
Date: February 20, 2014
Docket Number: 2012-SC-000116-DG
Justia Opinion Summary: R.S., a teenaged child under eighteen years of age, engaged in an evening of “teenage shenanigans,” in which he and a group of contemporaries painted offenses messages on cars parked at a memorial service. Following…
Date: February 20, 2014
Docket Number: 2012-SC-000158-MR
Date: February 20, 2014
Docket Number: 2012-SC-000210-MR
Date: February 20, 2014
Docket Number: 2012-SC-000242-DG
Justia Opinion Summary: Appellants, three physicians, were formerly employed by The New Lexington Clinic (“NLC”) but resigned to practice at a facility opened by Baptist Healthcare System Inc. through its subsidiary (collectively, “Baptist”).…
Date: February 20, 2014
Docket Number: 2012-SC-000251-TG
Justia Opinion Summary: Appellant’s charges in this case stemmed from a search of his residence by his parole officers and local sheriff’s deputies. Appellant entered a conditional guilty plea to manufacturing methamphetamine and being a…
Date: February 20, 2014
Docket Number: 2012-SC-000259-MR
Date: February 20, 2014
Docket Number: 2012-SC-000261-DG
Justia Opinion Summary: Appellee, an experienced criminal attorney, was indicted on five counts of failure to file Kentucky tax returns for the tax years 2002 through 2006. Appellee proceeded pro se until a day before the jury trial was…
Date: February 20, 2014
Docket Number: 2012-SC-000275-MR
Justia Opinion Summary: After a trial, Appellant was convicted of one count of first-degree rape and one count of first-degree sexual abuse for an incident involving his fourteen-year-old stepdaughter. The Supreme Court reversed, holding (1)…
Date: February 20, 2014
Docket Number: 2012-SC-000279-DG
Justia Opinion Summary: In 2005, Appellant entered an Alford plea to eleven counts of first-degree robbery and was sentenced to twenty-one years imprisonment. In 2008, Appellant filed a pro se motion to vacate his sentence pursuant to Ky. R.…
Date: February 20, 2014
Docket Number: 2012-SC-000317-DG
Justia Opinion Summary: Appellant was injured while working for Employer, which had an insurance policy issued by Zurich American Insurance Company. The policy included an underinsured motorist (UIM) endorsement. After settling with the…
Date: February 20, 2014
Docket Number: 2012-SC-000376-DG
Justia Opinion Summary: In 2000, Appellant pled guilty to one count of theft by deception and was sentenced to a one-year term of imprisonment, probated for a period of five years. After Appellant failed to report to her probation officer, the…
Date: February 20, 2014
Docket Number: 2012-SC-000402-DG
Justia Opinion Summary: Appellee was the target of a drug investigation conducted by investigators from the Office of the Attorney General (“OAG”) and Operation UNITE, a task force receiving federal funds that investigates drug-related crimes.…
Date: February 20, 2014
Docket Number: 2012-SC-000414-DG
Justia Opinion Summary: Appellants in this case were the Kentucky Horse Racing Commission, the Kentucky Department of Revenue, and eight horse Kentucky racing associations that wished to expand their businesses to include wagering upon…
Date: February 20, 2014
Docket Number: 2012-SC-000499-MR
Justia Opinion Summary: After a jury trial, Appellant was found guilty of first-degree wanton endangerment, first-degree fleeing or evading the police, illegal possession of a controlled substance, and second-degree criminal mischief. The jury…
Date: February 20, 2014
Docket Number: 2012-SC-000600-DG
Justia Opinion Summary: Mary Bell was a disabled person who drew Social Security Insurance benefits and participated in a federally-funded, community-based program operated by the Cabinet for Health and Family Services. When Thomas Bell, Mary’s…
Date: February 20, 2014
Docket Number: 2012-SC-000602-DG
Justia Opinion Summary: Lisa and Larry Walker filed a medical malpractice action against Dr. C. Lance Love, claiming medical negligence in connection with a thyroidectomy that Dr. Love had performed on Lisa. Three years later, Dr. Love moved…
Date: February 20, 2014
Docket Number: 2012-SC-000627-MR
Justia Opinion Summary: Appellant entered a conditional guilty plea to manufacturing methamphetamine and second-degree persistent felony offender status. On appeal, Appellant argued that the trial court erred by denying his motion to suppress…
Date: February 20, 2014
Docket Number: 2012-SC-000645-MR
Date: February 20, 2014
Docket Number: 2012-SC-000695-MR
Date: February 20, 2014
Docket Number: 2012-SC-000697-MR
Justia Opinion Summary: After a jury trial, Appellant was found guilty of robbery, burglary, unlawful imprisonment, receiving stolen property, and being a persistent felony offender (PFO). Appellant was sentenced to thirty years’ imprisonment.…
Date: February 20, 2014
Docket Number: 2012-SC-000721-DGE
Justia Opinion Summary: After the mother (“Mother”) of two minor children died, Appellants, Mother’s nephew and his wife, were awarded emergency custody of the children. Appellants subsequently sought permanent custody of the children. The…
Date: February 20, 2014
Docket Number: 2013-SC-000030-MR
Justia Opinion Summary: Appellant and her former husband filed competing domestic violence petitions against each other. Emergency protective orders were entered against each. Shortly after entry of the orders, Judge Larry Thompson recused from…
Date: February 20, 2014
Docket Number: 2013-SC-000049-MR
Date: February 20, 2014
Docket Number: 2013-SC-000070-MR
Justia Opinion Summary: After a jury trial, Appellant was found guilty of robbery in the first degree and of being a persistent felony offender in the first degree for robbing a cashier clerk at a convenience store at knifepoint. The Supreme…
Date: February 20, 2014
Docket Number: 2013-SC-000115-MR
Justia Opinion Summary: Appellant entered a guilty plea to manufacturing methamphetamine, first-degree possession of a controlled substance, and promoting contraband. On appeal, Appellant argued that the trial court erred by not allowing him to…
Date: February 20, 2014
Docket Number: 2013-SC-000120-DGE
Justia Opinion Summary: A grand jury indicted Appellee for one count of murder. Appellee moved to dismiss the indictment, contending that he was legally justified to act in self-defense and therefore immune from prosecution pursuant to Ky. Rev.…
Date: February 20, 2014
Docket Number: 2013-SC-000127-DGE
Justia Opinion Summary: Mother stipulated that she abused or neglected her children, including thirteen-year-old Kenny. The family court committed Kenny to the Cabinet for Health and Family Services, and Kenny was placed in a therapeutic foster…
Date: February 20, 2014
Docket Number: 2013-SC-000445-MR
Date: February 20, 2014
Docket Number: 2013-SC-000561-KB
Date: February 20, 2014
Docket Number: 2013-SC-000748-OA
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