KENTUCKY eLEGAL SUMMARIES
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KENTUCKY SUPREME COURT
Sept. 29, 2002

• CONSTITUTIONAL LAW
  • McCLURE V. AUGUSTUS
    Ky., Sept. 26, 2002
    The scheme for terminating the employment of deputy sheriffs established in the Deputy-Sheriff Merit Board statutes, KRS 70.260 et seq., is  not an unconstitutional violation of the separation of powers doctrine.
• CRIMINAL LAW
  • COMMONWEALTH V. PLOWMAN
    Ky., Sept. 26, 2002.
    A bulldozer is a "vehicle" within the definition of a "building" under KRS 513.010 for purposes of the arson statutes.
  • HOLBROOKS V. COMMONWEALTH
    Ky., Sept. 26, 2002.
    Mistrial in which defendant convicted of misdemeanor perjury but jury was unable to agree to punishment is double jeopardy to subsequent conviction of felony perjury.
  • LAWSON V. COMMONWEALTH
    Ky., Sept. 26, 2002 
    It is not harmless error to deprive jury of opportunity to make recommendation whether sentences readjusted by trial court to correct previous error  run concurrently or consecutive, even though juries' determinations as to that issue are merely recommendations.
  • ROARK V. COMMONWEALTH
    Ky. Sept. 26, 2002
    The "totality of circumstances" approach is adopted for evaluating the admissibility of evidence that is the product of an hypnotically induced, refreshed or enhanced recollection which neither automatically admits nor excludes posthypnosis evidence but determines admissibility on a case-by-case basis from the "totality of the circumstances."
  • ROGERS V. COMMONWEALTH
    Ky., Sept. 26, 2002.
    • Use of polygraph alone (no physical abuse, coercion, etc) to elicit confession from mentally retarded defendant does not violate 14th Amendment due process.  Appellant's mental retardation is a factor to consider in assessing the voluntariness of a confession, but "the mere existence of a mental condition, by itself and apart from its relation to police coercion, does not make a statement constitutionally involuntary."
    • Although polygraph evidence is not admissible in Kentucky, a defendant--and only the defendant-- has the right, as a matter of trial strategy, to bring evidence of a polygraph examination before the jury to inform the jury as to the circumstances in which a confession was made.
    • Issue of expert testimony regarding voluntariness of confession of mentally retarded defendant remanded for judge to consider under FRE 702.
• JAILS, MEDICAL CARE FOR INDIGENTS
  • COUNTY OF HARLAN V. APPALACHIAN REGIONAL HOSP.
    Ky.,Sept. 26, 2002
    County jailer as custodian of the prisoners requires him to take the necessary steps to seek an indigency determination regarding the provision of medical care and not the hospital providing that care.
• JUDICIAL ETHICS
  • In re MAZE
    Ky., Sept. 26, 2002
    Reversed informal opinion of Judicial Ethics Commission that Judge Beth Lewis Maze could not participate in a program sponsored by the American Council of Young Political Leaders (ACYPL). 
• JURISDICTION, IN PERSONAM
  • WILSON V. CASE
    Ky., Sept. 26, 2002.
    Court examined the minimum contacts test for personal jurisdiction arising from out-of-state resident whose only contact with Kentucky was to come to Louisville and fly a plane back to Maryland where he crashed it - Kentucky did not have personal jurisdiction after applying the following tests: (1) whether the defendant purposefully availed himself of the privilege of acting within the forum state or causing a consequence in the forum state (2) whether the cause of action arises from the alleged in-state activities (3)requires such connections to the state as to make jurisdiction reasonable.  Each of these three criteria represents a separate requirement, and jurisdiction will lie only where all three are satisfied.
• STATUTORY INTERPRETATION, ZONING
  • STRINGER V. REALTY UNLIMITED
    Ky. Sept. 26, 2002
    Upheld zoning ordinance and 'may not be permitted' is not permissive but prohibitive.
• CAMPBELL V. CITY OF BOONEVILLE
  Ky. Sept. 26, 2002.
  Claimaint was voluntarily intoxicated when he was responding to a call in his police cruiser and had a motor vehicle accident.  Therefore, benefits denied.

KENTUCKY COURT OF APPEALS - PUBLISHED 
Sept. 29, 2002

• CIVIL PROCEDURE, COLLATERAL ESTOPPEL
  • MCNEELY V. SPENCER
    Ky.App., Sept. 27, 2002
    Affirmed summary judgment. The doctrine of collateral estoppel precludes the relitigation of the issue of legal negligence in civil case.  Denial of criminal appeal for ineffective assistance of counsel serves as collateral estoppel of civil legal malpractice claim.
• JUVENILES
  • D.R.T. v. COMMONWEALTH OF KENTUCKY 
    Ky.App., Sept.  27, 2002 
    Juvenile court lacks authority to order confinement in adult detention facilities of juveniles who turned eighteen years of age between the dates they committed public offenses and the dates upon which the juvenile courts conducted dispositional hearings.

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