ADMINISTRATIVE LAW
CITY OF HARRODSBURG V. ROYALTY
Ky.,April 25,
2002.
City failed to follow statute for vote for removal of commission
member.
CIVIL PROCEDURE
LaFLEUR V. SHONEYS
Ky, May 16, 2002
Fratzke v. Murphy, Ky., 12 S.W.3d 269 (1999) followed and
plaintiff's late filing of unliquidated damages (supplemental)
prohibited recovery for additional damages.
CIVIL RIGHTS
AMERICAN GENERAL LIFE & ACC.INS. CO. V. HALL
Ky.. March 21, 2002
Claim against against former employer and supervisor for damages
for mental and emotional injuries inflicted by sexually
discriminatory practices, including emotional and psychological
distress, humiliation, and personal indignity under the Kentucky
Civil Rights Act waived by accepting workers' compensation benefits.
CONDEMNATION
Spanish Cove Sanitation, Inc. v. Louisville-Jefferson County
Metropolitan Sewer Dist.,
Ky., April 25, 2002.
Inverse condemnation case re sewage treatment facility. Owner of
the treatment facility had bare legal title to the pipes, and the
customers had the right of free usage of those pipes. Servicing
those customers was deemed to be a mere expectancy and not a
protected property interest. Summary judgment affirmed.
CRIMINAL LAW
BAILEY V. COMMONWEALTH
Ky., March 21, 2002
Case remanded to trial court when sentence as modified by judge
was more severe than that imposed by jury.
BOWLING V. COMMONWEALTH
Ky.,March 21, 2002.
Affirmed conviction and issues relating to alleged Brady
violations, ineffective assistance of counsel (trial and penalty
phases), and RCr 11.42 hearing.
COMMONWEALTH V. BAILEY
Ky., March 21, 2002.
The Commonwealth is not limited to seeking certification of the
law when a trial court grants a motion for a new trial.
COMMONWEALTH V. DAVIS
Ky. March 21, 2002.
Defendant, who was 16-year-old juvenile at time of alleged
offenses, was convicted in the circuit court of trafficking in a
controlled substance and tampering with physical evidence. Sup. Ct.
held that defendant waived issue of validity of transfer from
district court to circuit court.
COMMONWEALTH V. GAITHERERWRIGHT
Ky. March 21, 2002.
KRS 189A.010(5)(a)plainly exempts first-time DUI offenders from
aggravated penalties for failure to submit to blood, breath or urine
testing.
COMMONWEALTH V. MORRISS
Ky., March 21, 2002.
Seizure of blood sample over defendant's refusal at hospital
involving death in a car accident was remanded to the Circuit Court
for a determination of whether the search warrant was otherwise
proper.
COMMONWEALTH
V. PHILPOTT
75 S.W.3d 209, Ky.,2002.
Jury
instructions not to set penalty if defendant was found guilty of principal
felony offense but to set penalty if found guilty of one of lesser included
misdemeanor offenses authorized was contrary to mandate of
"truth-in- sentencing" statute.
COMMONWEALTH v. SUTTLES,
Ky. April 25, 2002
Reinstated jury's criminal complicity conviction.
COMMONWEALTH V. TAMME
Ky., March 21, 2002
Supreme Court reversed and remanded capital case holding (1) law
of the case doctrine defeated defendant's claim that he was entitled
to a new trial because evidence of his marijuana farming operation
was not admitted; (2) defendant was not entitled to a new trial
based solely on the cumulative impeachment testimony of a single
newly discovered witness; and (3) defendant did not receive
ineffective assistance on ground that counsel did not introduce
evidence of defendant's drug activities.
COMMONWEALTH V. VINCENT
Ky., March 21, 2002
Defendant was convicted of murdering ex-husband and was sentenced
to 25 years' imprisonment. The Supreme Court addressed issues
involving for domestic violence exemption under statute.
HEARN
V. COMMONWEALTH
Ky., June 13, 2002.
Restitution
statute required that defendants, as a condition of their probation, pay full
restitution to victim, and this included post-judgment interest.
LYNCH
V. COMMONWEALTH
74 S.W.3d 711, Ky.,2002.
Addressed
marital privilege exception; 29 minute verdict not premature.
MANNS
V. COMMONWEALTH
Ky., June 13, 2002
Use
of a defendant's prior delinquency adjudication for impeachment purposes at
criminal trial per statute not unconstitutional.
MILLER
V. COMMONWEALTH
Ky., June 13, 2002.
Letters
written by the alleged child-sodomy victim were inadmissible hearsay; police
sergeant's habit testimony
inadmissible; convictions for multiple counts could not be based on trial
court's mathematical calculation of alleged victim's age at time of incidents;
and evidence did not establish forcible compulsion
MORROW
V. COMMONWEALTH
Ky., June 13, 2002
Gray
v. Commonwealth, 979 S.W.2d 454 overruled; defendant with two prior
convictions for first degree trafficking in a controlled substance, was
eligible for penalty enhancement as both a "second or subsequent"
offender and as a second degree persistent felony offender.
NOEL
V. COMMONWEALTH
Ky., June 13, 2002
Hearsay
statement of five year old victim was not admissible as an excited utterance,
but was admissible to rebut inference that victim's testimony was the result
of improper influence by her father.
PENDLETON
V. COMMONWEALTH
Ky., June 13, 2002.
1.
11-year-old child was competent to testify; 2. defendant's motion for a
continuance to retain expert, filed four days before trial, denied; 3. trial
court's denial of defense counsel's request for a continuance to review sex
offender risk assessment report violated defendant's due process rights; 4.
victim's testimony about various incidents during which defendant allegedly
sodomized her was admissible.
SALINAS
V. COMMONWEALTH
Ky., June 13, 2002
Fact
that victim was not released alive could not be used as aggravating factor in
imposing death penalty; disapproving Frank v. Commonwealth, 907 S.W.2d 771.
SANDERS
V.COMMONWEALTH
Ky., June 13, 2002
No
Brady violation regarding nondisclosure of material exculpatory evidence and
defense counsel was not ineffective in failing to seek funds from Commonwealth
for additional mental health examination of defendant, in connection with
insanity defense; and defendant had no constitutional right to postconviction
discovery.
STIDHAM
V. CLARK
74 S.W.3d 719, Ky.,2002.
Statute
providing information communicated in an effort unlawfully to procure a
controlled substance is an exception to psychotherapist-patient privilege.
DAMAGES
SAND HILL AND ENERGY, INC. V. FORD MOTOR CO.
Ky., May 16, 2002.
Wronful
death/products liability case. $15
million punitive damage award sustained. Scientific evidence addressed.
WILHITE
V. ROCKWELL INTERNATIONAL CORP.
Ky., May 16, 2002.
Erroneous
admission of expert testimony resulted in reversal of $210 million punitive
damages in toxic tort case.
DISCIPLINARY
INQUIREY
COMMISSION V. BAISDEN
Ky., May 16, 2002.
Lawyer
suspended for erratic behaviour and possible disability.
KBA
V. BERTRAM
Ky.,
May 16, 2002
License
suspended following felony conviction.
KBA
v. BLEILE
Ky., June 13, 2002.
Lawyer
fined for not completing New Lawyer Skills Program.
KBA V. RANKIN
Ky., March 21, 2002.
Automatic temporary suspension from the practice of law due to
his recent felony conviction confirmed.
KAPLAN
V. KBA
Ky., June 13, 2002
Lack
of diligence and failure to communicate with clients while handling a probate
matter and a custody matter warranted 45-day suspension.
THOMAS
V. JUDICIAL CONDUCT COMM.
Ky., June 13, 2002.
District
judge suspended for ex parte communications with criminal defendant and his
attorney, using his influence to obtain assistance of a state trooper in
moving woman from home of her former boyfriend into judge's home, threatening
to report former boyfriend to law enforcement authorities for illegal business
practices, and initially misleading Commission regarding his relationship with
the woman.
SUELL
v. KBA
Ky., May 16, 2002
Granted
motion for reinstatement of license.
TURNER V. KBA
Ky.,March 21, 2002.
Attorney's reinstatement dened on basis of his failure to comply
with consent agreement with Character and Fitness Committee
regarding repayment of various personal debts.
EXTRAORDINARY RELIEF
SHAMAEIZADEH
V. MCDONALD-BURKMAN
74 S.W.3d 748, Ky.,2002
Physician
whose license was revoked was not entitled to writ of mandamus requiring
circuit court to enforce injunction until judicial review was complete.
FAMILY LAW
HOLMAN V. HOLMAN
Ky., June 13, 2002.
Fireman's
disability retirement benefits were properly classified as marital or
nonmarital property according to the character of the property they replaced,
and former husband's future, post-dissolution disability retirement benefits,
which replaced his future nonmarital earnings as a firefighter, constituted
his separate nonmarital property.
GOVERNMENT
COMMONWEALTH V. WHITWORTH
74 S.W.3d 695, Ky.,2002.
Sovereign
immunity bars employees from suing state to enforce their oral contracts for
temporary employment.
TEMPERANCE
LEAGUE OF KENTUCKY V. PERRY
74 S.W.3d 730, Ky.,2002.
"Wet-dry"
voting statute held constitutional.
WORKERS COMPENSATION
AMERICAN GENERAL LIFE & ACC. INS. CO. V. HALL
Ky.. March 21, 2002
Employee who elects to proceed against employer for civil rights
action under workers compensation act is precluded from suing
employer in circuit court for same injuries.
Burton v. Foster Wheeler Corp.
Ky.April 25,
2002.
Plaintiff cited wrong regulatory section regarding safety
violation for enchanced workers compensation benefits. Remanded.
FRUIT OF THE LOOM V. OOTEN
Ky., March 21, 2002
Addresses appealability of interlocutory ALJ decisions under KRS
342.270(2) provides that workers' compensation claims are assigned
directly to ALJs. ALJ permitted to "require periodic reports as
to the physical condition of the plaintiff".
KNOTT
COUNTY NURSING HOME V. WALLEN
74 S.W.3d 706, Ky.,2002.
Mental
condition resulting in medical restrictions, is work-related, and is a direct
result of the same traumatic event for which an impairment rating was
assigned, can be considered in a finding of partial disability.
LIZIDO
V. GENTEC EQUIUPMENT
74 S.W.3d 703, Ky.,2002.
Copy
of handwritten form that bore notation by entity other than Department of
Workers' Claims was insufficient to establish employer electronically filed
form to notify Department of its termination of temporary, total disability (TTD)
benefits, which is required for employer to establish entitled to a
limitations defense.
MARSH
V. MERCER TRANSPORTATION
Ky. June 13, 2002
Wage
for purpose of calculating compensation should be taken to be usual wage for
similar services rendered by paid employees, required when claimant's hourly
wage was not fixed or could not be ascertained.
PHOENEX
MFG. CO. ETC. V. JOHNSON
Ky., March 21, 2002.
ALJ's
determination that claimant's disability had increased since the settlement
and had become total, and awarded benefits based on total disability was
affirmed.. Award fell equally on the Special Fund and employer and ALJ was
warranted in apportioning medical expense equally between both insurance
carriers.
WHITTAKER V. CECIL
Ky. March 21, 2002.
Final workers' compensation award was res judicata barring
reconsideration of apportionment in spite of a change in case law.
PHOENEX MFG. CO. ETC. V. JOHNSON
Ky. March 21, 2002.
ALJ's determination that claimant's disability had increased
since the settlement and had become total, and awarded benefits
based on total disability was affirmed.. Award fell equally on the
Special Fund and employer and ALJ was warranted in apportioning
medical expense equally between both insurance carriers.
