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KENTUCKY SUPREME COURT
Oct. 26, 2002 

• BAR ADMISSIONS
  • IN RE LEWIS
    Ky. Oct. 17, 2002
    2002-SC-000236-OA.p
    Applicant graduated from "a law school accredited in the jurisdiction where it exists and which require[d] the equivalent of a three-year course of study that [was] the substantial equivalent of the legal education provided by approved law schools in Kentucky." SCR 2.014(2)(a).
    
• CRIMINAL LAW
  • BISHOP V. CAUDILL
    Ky., Oct. 17, 2002.
    2001-SC-000443-MR.pdf
    Remanded to Ct. App. with directions to issue the requested writ prohibiting the trial court from allowing the grand jury to subpoena defense trial witnesses for testimony until an evidentiary hearing has been held and a determination made as to whether the sole or dominant purpose of the issuance of POST-indictment subpoenas was to facilitate discovery by the Commonwealth of facts pertaining to Appellant's defense against that indictment and, if so, to quash the subpoenas.
  • COMMONWEALTH V. TOWNSEND
    Ky., October 17, 2002
    2001-SC-000070-DG.pdf
    Youthful offender waives his statutory right to be "finally discharged" at conclusion of the six-month treatment period upon his return to the circuit court shortly after his 18th birthday for hearing to determine the remainder of his sentence under the youthful offender statute. 
  • RODRIGUES V. COMMONWEALTH
    Ky., Oct. 17, 2002
    2002-SC-000133-TG.pdf
    Held defendant's claim that counsel coerced his guilty plea constitutes waiver of privilege and defendant can raise ineffective assistance of counsel on motion to set aside guilty plea.
• DISCIPLINARY
  • KBA V. CARTEE
    Ky., Oct. 23, 2002 (as corrected)
    2002-SC-000398-KB.pdf
•  INSURANCE
  • EXECUTIVE BRANCH ETHICS OPINIONS V. STEPHENS
    Ky. Oct. 17, 2002
    2000-SC-000578-DG.pdf
    Kentucky Central Ins. Co. liquidation.  The exclusive jurisdiction of the circuit court in matters involving the liquidation of a domestic insurer does not preclude the full investigation by the Executive Branch Ethics Commission of allegations of a violation of the Executive Branch Code of Ethics because the charges of misconduct relate only to personal behavior and are not directly connected to insurance liquidation.
    
    Other issues presented include whether it was required that administrative remedies be exhausted; whether the deputy liquidator is an officer of the court completely under judicial control; whether Stephens was entitled to official immunity; and whether summary judgment was proper.
    
•  PARENTAL CONSORTIUM
  • DALEY V. REED
    Ky. Oct. 17, 2002.
    2000-SC-000703-DG.pdf
    Applied Moore v. State Farm Mutual Ins. Co.(held that a claim for loss of spousal consortium is payable under the "each person" limit, not the "each accident" limit, of a policy of automobile liability insurance).  Daley applied Moore to a claim for loss of parental consortium as well.
     
• WORKERS COMPENSATON
  • McCOWAN v. MATSUSHITA APPLIANCE CO.
    Ky.,  Oct. 17, 2002.
    2001-SC-001046-WC.pdf
    Applied KRS 342.0011(1) which requires that a psychological, psychiatric, or stress-related change in the human organism must directly result from a physical injury in order to be compensable. Compensation permitted for a physical change that results from mental or emotional trauma. Remanded for further findings.

KENTUCKY COURT OF APPEALS - PUBLISHED 
Oct. 26, 2002 

• CRIMINAL LAW

  • PRIDDY V. COMMONWEALTH
    Ky. App., Oct. 25, 2002
    Investigatory stop dissallowed when all the police had to go on was the bare report of an unknown, unaccountable informant who neither explained how he knew about the gun nor supplied any basis for believing he had inside information about the suspect.

• DOMESTIC RELATIONS

  • WILLIAMS V. WILLIAMS
    Ky. App., Oct. 25, 2002
    Trial court did not have jurisdiction to set aside joint custody award when motion to alter, amend, or vacate was filed within 10 days but did not state with particularity the reasons in support thereof.

• INDEMNITY/GUARANTY

  • INTERCARGO INS. CO. V. FARRELL, INC.
    Ky. App., Oct. 25, 2002
    Applied KRS 371.065 regarding indemnity and guaranty agreements to negotiable instruments and commercial paper.  Trial court dismissal remanded.

KENTUCKY COURT OF APPEALS - NON-PUBLISHED 
3 Ky.NPO. 18

• LEGAL NEGLIGENCE, TOLLING STATUTE OF LIMITATIONS, P. 2
  Tolling of legal malpractice claim for 10 years due to mental disability presented fact question.

• CIVIL PROCEDURE, NOTICE OF APPEAL, P. 9
  Parties failure to receive notice from clerk that motion has been denied does not affect the time for filing an appeal.

• SLIP AND FALL, DIRECTED VERDICT, P. 12
  Defendant granted directed verdict when plaintiff unable to show slippery substance on Kroger's floor was caused by a Kroger agent/employee or had been on the floor a sufficient time such that Krogers should have discovered it.

• SLIP AND FALL, ICE, P. 15
  Summary judgment reversed as fact issues existed whether ice on just-cleared parking lot was open and obvious danger.

• DOMESTIC RELATIONS, UNSIGNED SEPARATION AGREEMENT, P. 14
  Trial court reversed for enforcing separation agreement that wife originally agreed to but refused to sign later.
  
  

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