Kentucky Supreme Court Decisions 2023

Justia Opinion Summary: Three sisters, Danielle, Angela, and Alyssa, were placed in the custody of their aunt, Kathy Riggle, and her husband, William Kenneth Riggle Sr. (Senior) in 2009 due to their parents' struggles with drug abuse. For the…

Justia Opinion Summary: The Supreme Court of Kentucky upheld the conviction of Eric Berry, who was found guilty of first-degree burglary, first-degree sexual assault, two counts of fourth-degree assault, first-degree fleeing or evading, and…

Justia Opinion Summary: The Supreme Court of Kentucky affirmed the convictions of Jaikorian J. Johnson for second-degree manslaughter and four counts of first-degree wanton endangerment but reversed the sentence and remanded for a new penalty…

Justia Opinion Summary: In the case before the Supreme Court of Kentucky, the defendant, Gregory Stephens, was convicted of first-degree rape and being a persistent felony offender in the second-degree. The conviction was based on the testimony…

Justia Opinion Summary: In the case under review, the defendant, Paradise Burkhead, was charged with crimes committed when she was a juvenile. Under the juvenile transfer statute in effect at the time of her hearing, her case was transferred…

Justia Opinion Summary: In the case at hand, Jose Sanchez was convicted of five counts of first-degree rape and four counts of third-degree rape. The Supreme Court of Kentucky affirmed these convictions, holding that the text messages and…

Justia Opinion Summary: In this case, the Supreme Court of Kentucky reviewed a decision by the Court of Appeals that had remanded a case back to the Fayette Circuit Court over the perception of a jurisdictional error. The original plaintiff,…

Justia Opinion Summary: In this case, the Supreme Court of Kentucky addressed the procedural issue of whether a notice of appeal could be filed electronically in a termination of parental rights (TPR) case that had been sealed. The court had to…

Justia Opinion Summary: In a case concerning the constitutionality of the Kentucky General Assembly's legislative and congressional reapportionment plans, the Supreme Court of Kentucky affirmed the lower court's decision that the plans were…

Justia Opinion Summary: The Supreme Court reversed Defendant's convictions for arson and attempted arson and otherwise affirmed, holding that the trial court erred in failing to grant a directed verdict in Defendant's favor as to the counts for…

Justia Opinion Summary: The Supreme Court reversed Defendant's convictions of rape in the first-degree, victim under twelve; sodomy in the first-degree, victim under twelve; sexual abuse in the first-degree, victim under twelve; and incest,…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the trial court convicting Defendant of one count of unlawful use of electronic means to induce a minor to engage in sexual or other prohibited…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the opinion of the court of appeals concluding that the sentence Defendant negotiated upon a plea of guilty and instituted by the trial court was illegal, and…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of murder and tampering with a witness and his sentence of life imprisonment, holding that Defendant was not entitled to relief on his allegations of…

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for first-degree rape, first-degree sexual abuse, intimidating a participant in a legal process, and being a first-degree persistent felony offender and his sentence of…

Justia Opinion Summary: The Supreme Court held that Senate Bill (S.B.) 126, which amended Ky. Rev. Stat. 452.005, was unconstitutional and declined to extend comity. Plaintiffs challenged the constitutionality of House Bill 594, which banned…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals reversing the decision of the circuit court concluding that the notice-prejudice rule adopted in Jones v. Bituminous Casualty Corp., 821 S.W.2d 798 (Ky.…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of first-degree sexual abuse, incest, sodomy, and other offenses and sentencing him to a total of fifty years' imprisonment, holding that…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming the ruling of the Workers' Compensation Board affirming the denial of Francisco Rodarte's motion to reopen and reversing the ruling that Rodarte's…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeal denying a writ of prohibition against the circuit court, holding that S.I.A. Limited's argument that the circuit court lacked jurisdiction over it was…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming the decision of the Workers' Compensation Board determining that Richard Lane's notice to his former employer, Tennco Energy, Inc., that he was…

Justia Opinion Summary: The Supreme Court reaffirmed its ultimate holding affirming in part and reversing in part the opinion of the court of appeals affirming the trial court's judgment awarding substantial damages to Plaintiffs in this…

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals vacating the order of the circuit court granting summary judgment in favor of John and Beth Bruner and against Don and Cathy Cooper in this property…

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the judgment of the trial court granting the motion for judgment on the pleadings filed by UPS Supply Chain Solutions and United Parcel Services,…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of two counts of rape in the first degree and sentencing him to twenty years' imprisonment, holding that Defendant was not entitled to…

Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals reversing Defendant's conviction of one count of possession of synthetic drugs, holding that the circuit court did not err in denying Defendant's motion to…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant on nine counts of first-degree sexual abuse for actions perpetrated against K.V., a minor at the time of the abuse, and sentencing him to…

Justia Opinion Summary: In this professional malpractice action, the Supreme Court overruled Alagia, Day, Trautwein & Smith v. Broadbent, 882 S.W.2d 121 (Ky. 1994), and its progeny insofar as they hold that, for a non-litigation legal…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the trial court granting Defendant's motion to dismiss the underlying complaint filed by Port of Louisville for defamation and professional malfeasance, holding that Port of…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals reversing the opinion of the Workers' Compensation Board affirming the administrative law judge's (ALJ) conclusion that medical providers did not have to…

Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals affirming the decision of the trial court to utilize Ky. R. Civ. P. 37.02(3) to assess attorney's fees against a non-party after the non-party failed to…

Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals affirming the decision of the trial court to utilize Ky. R. Civ. P. 37.02(3) to assess attorney's fees against a non-party after the non-party failed to…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the circuit court in favor of Secura Supreme Insurance Company as the underinsured motorists' (UIM) carrier for Viviane Renot, holding that the…

Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals concluding that the trial court acted within its discretion in excluding evidence of a guardianship order in a prior criminal prosecution against Defendant…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the opinion of the court of appeals affirming Defendant's conviction for possession of heroin, holding that the court of appeals erred by affirming the trial…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of two counts of trafficking in a controlled substance in the first degree, second or greater offense and its sentence of twenty-seven…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the judgment of the trial court convicting Defendant of theft by unlawful tasking, burglary in the third degree, and being a persistent felony offender in the first…

Justia Opinion Summary: The Supreme Court reversed the opinion of the court of appeals that because an insurance company's coverage under its policy had never been finally adjudicated, a third-party claimant's bad faith claim was premature,…

Justia Opinion Summary: The Supreme Court reversed the opinion of the court of appeals in this case involving the concept of "waste" as it exists in Kentucky law, holding that Ky. Rev. Stat. 381.350 is applicable only in instances in which a…

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction of two counts of first-degree rape and two counts of first-degree sexual abuse and his sentence of thirty years' imprisonment, holding that the trial court erred in…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant, following a jury trial, of complicity to attempted murder, complicity to second-degree assault, and tampering with physical evidence and…

Justia Opinion Summary: The Supreme Court affirmed Defendant's conviction of twelve counts of possession of matter portraying a sexual performance by a minor and other sex-related offenses and his total sentence of seventy years in prison,…

Justia Opinion Summary: In this putative class action where Students sought a refund of money from the University of Kentucky after the University switched all on-campus classes to an online format for the remainder of the spring 2020 semester,…

Justia Opinion Summary: The Supreme Court affirmed the opinion of the court of appeals reversing the order of the circuit court granting summary judgment in favor of Phoenix American Administrators, LLC and Phoenix American Warranty Company,…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals denying State Farm Mutual Automobile Insurance Company's petition for a writ of prohibition to prevent Judge Brian Edwards of the Jefferson Circuit Court…

Justia Opinion Summary: The Supreme Court affirmed the determination of the administrative law judge (ALJ) that the Department of Workers' Claims had jurisdiction to hear the claim of Roger Hall, who suffered a work-related injury after being…

Justia Opinion Summary: The Supreme Court affirmed the opinion of the Kentucky Court of Appeals affirming the decision of the Workers' Compensation Board affirming the opinion and order of an administrative law judge (ALJ) awarding permanent…

Justia Opinion Summary: The Supreme Court reversed Defendant's conviction for assault in the first-degree but affirmed his convictions of robbery in the first-degree, violating a domestic violence order, and being a persistent felon in the…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court convicting Defendant of one count each of murder, receiving stolen property - firearm, and tampering with physical evidence, holding that Appellant was not…

Justia Opinion Summary: The Supreme Court reversed the judgments of the court of appeals and circuit court affirming the decision of the Louisville/Jefferson County Metro Historic Landmarks & Preservation Districts Commission to approve the…

Justia Opinion Summary: The Supreme Court affirmed in part and vacated in part the judgment of the circuit court convicting Defendant of shoplifting and other charges and sentencing him to forty years in prison consistent with the jury's…

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing a summary judgment granted by the circuit court dismissing the claims brought by Kentucky Concealed Carry Coalition (KC3) alleging that the City…

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions for one count of first-degree rape and four counts of first-degree sexual abuse but vacated the trial court's judgment sentencing Defendant to an aggregate sentence of…

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals affirming the order of the circuit court failing to rule on Plaintiffs' contract claim, holding that the court of appeals correctly found that Plaintiffs…

Justia Opinion Summary: The Supreme Court affirmed the court of appeals' judgment denying this original action brought under Ky. R. Civ. P. (CR) 76.36 seeking to prohibit Edmonton Circuit Court Judge Timothy Coleman from proceeding with a…

Justia Opinion Summary: In this case arising the death of James Savage after he was thrown from his motorcycle and run over by Oscar Ramos, the Supreme Court affirmed in part and reversed in part the judgment of the court of appeals remanding…

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals reversing the trial court's judgment ordering McMichael to pay $62,493 in restitution jointly and severally with his co-defendant after he pled guilty to…

Justia Opinion Summary: The Supreme Court affirmed Defendant's convictions of wanton murder and other crimes and his sentence of thirty years' imprisonment, holding that Defendant was not entitled to relief on his allegations of…

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals affirming Appellant's convictions for first-degree wanton endangerment and first-degree persistent felony offender and his sentence of seventeen years in…

Justia Opinion Summary: The Supreme Court held that the federal Food Security Act of 1985 (FSA) was preemptive of Kentucky's Uniform Commercial Code (UCC) and that thoroughbreds and the right to breed them are farm products within the meaning…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court denying Appellants' request for post-conviction relief from their murder convictions, holding that the trial court did not err in denying relief. At issue…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the court of appeals affirming the decision of the Workers' Compensation Board affirming an administrative law judge's finding that Claimant's total knee replacement was…

Justia Opinion Summary: The Supreme Court reversed the decision of the court of appeals reversing the judgment of the trial court dismissing Plaintiff's negligence claim against Wal-Mart, holding that the trial court properly held that the…

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the decision of the court of appeals concluding that Defendant's sentence must be vacated because the circuit court committed palpable error, holding relief was…

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals denying Appellant's motion for a writ of mandamus against the circuit court, holding that there was no error in the proceedings below. In 1993, Appellant…

Justia Opinion Summary: In this workers' compensation case, the Supreme Court vacated the ALJ's determination that Defendant was correct to deny Plaintiff benefits on the ground that he was an independent contractor, not an employee, holding…

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court sentencing Defendant to twenty-seven years' imprisonment for his convictions, holding that none of Defendant's claims raised in support of his request for a…

Justia Opinion Summary: The Supreme Court reversed the judgment of the court of appeals reversing the order of the circuit court granting summary judgment to Jefferson County Board of Education (BOE) and dismissing this lawsuit on immunity…

Justia Opinion Summary: The Supreme Court affirmed the decision of the court of appeals dissolving the circuit court's temporary injunction against two statutes that effectively prohibit abortions in Kentucky except in limited circumstances…