• CRIMINAL LAW, SEQUESTERING JURORS P. 1
  Defendant may waive right to have jurors sequestered per RC4 9.66.
• CRIMINAL LAW, NEW TRIAL p. 3
  Comedy of errors results in new trial - disclosing exculpatory evidence on day of trial; witnesses and victim watch investigating officer testify; denying defendant to cross-examine informant about his felony record.
• CRIMINAL LAW, INVESTIGATORY STOP, P. 10
  Next time you stop for gas think twice before getting a coke.;^) Anonymous cocaine tip showed substantial evidence of reliability by independent corroboration when police verified suspect's physical description, vehicle, and time and location that defendant would appear at gas station; investigatory stop upheld. Suspect less than excited about the stop, got belligerent, stuggle ensued, handcuffed, and voila pat down revealed cocaine. Things do not go better with Coke; or better yet, don't tell a cop about 7-up.
• DEFAMATION, QUALIFIED PRIVILEGE, p. 4
  Financial planner gets qualified privilege from advice to client regarding insurance arbitrage plan which he believed raised serious legal, ethical and criminal concerns.
• JUROR MISCONDUCT, INSURANCE P. 8
  No error when juror tells others he believed defendant could afford the verdict because of insurance; expect jurors to believe businesses carry insurance and no rule requires you to cleanse the juror's minds of any such common sense observations.
• CONTRACTS, WAIVER p. 16
  "I can feel your pain" vs. "No pain, no gain". Contractual dispute between psychologist and pain management doctor is not automatically breached because 'psychologist' did not have a license, especially when the pain doctor continued to employ the 'psychologist' after discovering he was not licensed.
• FAMILY LAW, DISSIPATION OF MARITAL PROPERTY, P. 13
  Husband plays hide and seek with 401K plan; wife gets hearing on value. Husband does not get away with dissipating his 401K upon separation of parties. Won at trial, but lost on appeal. Court held wife should have had her hearing to determine value of the marital asset since KRS 403.190 requires court to divide marital property in just proportions. Here the husband did not disclose the asset during discovery, and it was not vigously pursued by wife's counsel; therefore, court was not fairly apprised of the asset. Remanded for a hearing.
• SEXUAL HARASSMENT, FLIRTATION EVIDENCE p. 11
  Flirtatiousness does not apparently rise to the level of sexual behaviour in violation of pre-trial order to keep out evidence of victim/plaitiff's sexual behavior. There is more stuff regarding waivers of mistrial, etc.
• CHOICE OF LAW, INSURANCE COVERAGE, P. 13
  The "duck" rule applied - if it sounds like a duck, walks like a duck, it must be a duck. Kentucky court, howver, ducks this issue and rules that Ohio law governs insurance contract as the wreck involved Ohio parties in an Ohio vehicle under an Ohio insurance policy and the only contact with Kentucky was that the wreck occurred here.
  • NOTE: no mention was made whatsoever in this decision as to what policy exclusion was to be applied. In light of Marley v. State Farm (above) - the nature of the exclusion may make a difference (Marley involved family member exclusion).

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