Vol. 2006:22 - COURT OF APPEALS DECISIONS FOR May 5, 2006

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• MINUTES from AOC for this week.

PUBLISHED (COA) 

CA affirmed Defendant's convictions for six counts of Obtaining a Controlled Substance by Presenting a Prescription that was Obtained in Violation of KRS Chapter 218A.  Authorities properly obtained Defendant's prescription history from the KASPER system via the administrative search exception to the warrant requirement.

KASPER was established in 1999. It requires every dispenser of controlled substances to report to the Cabinet its identity, the identity of the patient, the drug dispensed, the amount dispensed, the date it was dispensed, as well as the identity of the person prescribing the drug. See 902 KAR6 55:110, Section 1(2).  Whisman’s KASPER report led a Lewis County grand jury to indict Whisman on the charges for which he was ultimately convicted.

CA also rejected a challenge to the constitutionality of KRS 218A.202(6).  Subsections (a)-(b) provide that the Cabinet is authorized to provide data to:

(a) A designated representative of a board responsible for the licensure, regulation, or discipline of practitioners, pharmacists, or other person who is authorized to prescribe, administer, or dispense controlled substances and who is involved in a bona fide specific investigation involving a designated person;

(b) A state, federal, or municipal officer whose duty is to enforce the laws of this state or the United States relating to drugs and who is engaged in a bona fide specific investigation involving a designated person[.]

Digested by Scott Byrd.

Held the retroactivity period created by H.B. 541 exceeds the constitutional limits and violates Appellants’ due process rights.

Digested by Michael Stevens

NOT PUBLISHED (COA) .

L.A.M.    V. CAB. FOR FAMILIES AND CHILDREN
APPEALS - Dismissed appeal for failure to file brief iaw CR 76.12
2005-CA-000351
NOT TO BE PUBLISHED  
DISMISSING; SCHRODER
DATE:  5/4/2006

MID STATES STEEL PRODUCTS CO. V. THE UNIVERSITY OF KENTUCKY
COMMERCIAL LAW - UK Construction contract
2003-CA-002509
NOT TO BE PUBLISHED  
AFFIRMING IN PART, REVERSING IN PART, AND REMANDING IN PART; BUCKINGHAM, J.
DATE:  5/5/2006

RUSSELL V. COM.
CRIMINAL - Set aside guilty plea
2004-CA-001503
NOT TO BE PUBLISHED  
REVERSING AND REMANDING; VANMETER, J.
DATE:  5/5/2006

CHILTON V. COM.
CRIMINAL 
2004-CA-002276
NOT TO BE PUBLISHED  
AFFIRMING; DYCHE
DATE:  5/5/2006

MORGAN V. COM.
CRIMINAL 
2004-CA-002462
NOT TO BE PUBLISHED 
AFFIRMING; HUDDLESTON
DATE:  5/5/2006

Multiple errors raised, including judge's failure to dismiss juror for misconduct, improper reasonable doubt instruction, improper denial of continuance, and admissibility of 'bad acts' evidence.

COM. V. INGRAM
CRIMINAL - Opinion of 2/7/2006 withdrawn.
2005-CA-000062
NOT TO BE PUBLISHED
REVERSING; BUCKINGHAM  
DATE:  5/5/2006

SCHOTT V. COM.
CRIMINAL - Search and seizure (warrant)
2005-CA-000292
NOT TO BE PUBLISHED  
AFFIRMING; TACKETT
DATE:  5/5/2006

JOHNSON V. COM.
CRIMINAL 
2005-CA-000487
NOT TO BE PUBLISHED  
AFFIRMING; EMBERTON
DATE:  5/5/2006

ARD V. COM.
CRIMINAL - CR 60.02 denial
2005-CA-000531
NOT TO BE PUBLISHED  
AFFIRMING; VANMETER
DATE:  5/5/2006

HIGHTOWER V. COM.
CRIMINAL 
2005-CA-000790
NOT TO BE PUBLISHED  
AFFIRMING
DATE:  5/5/2006

MILLS V. COM.
CRIMINAL - CR 60.02
2005-CA-000882
AFFIRMING
NOT TO BE PUBLISHED  
DATE:  5/5/2006

JONES V. COM.
CRIMINAL - Search and Seizure Upheld
2005-CA-000922
NOT TO BE PUBLISHED  
AFFIRMING
DATE:  5/5/2006

COWHERD V. COM.
CRIMINAL - Defendant entitled to hearing on his ineffective assistance of counsel claim
2005-CA-001708
NOT TO BE PUBLISHED  
VACATING AND REMANDING
DATE:  5/5/2006

SKILLMAN V. BELIN
DAMAGES - Post judgment interest denied 
2005-CA-000095
NOT TO BE PUBLISHED
AFFIRMING; BUCKINGHAM  
DATE:  5/5/2006

HATFIELD V. KENTUCKY RETIREMENT SYSTEMS
EMPLOYMENT - Government retirement
2005-CA-000612
NOT TO BE PUBLISHED  
DATE:  5/5/2006

PONTRICH V. O'REILLY (HON. JOSEPH)
FAMILY LAW - DVO affirmed
2004-CA-002580
NOT TO BE PUBLISHED  
AFFIRMING; BUCKINGHAM
DATE:  5/5/2006

MEECE V. MEADE
FAMILY LAW - Visitiation (confinee gets child visitation while he is at EK Correctional complex in pro se appeal)
2005-CA-001510
NOT TO BE PUBLISHED  
REVERSING AND REMANDING (BUCKINGHAM)
DATE:  5/5/2006

EVANS V. PRIMUS AUTOMOTIVE FINANCIAL SERVICES
JUDGMENTS - Continuing validity of judgment lien upon death of judgment debtor 
2005-CA-000713
NOT TO BE PUBLISHED  
AFFIRMING; EMBERTON
DATE:  5/5/2006

FIELDS V. FIELDS
STATUTE OF LIMITATIONS - Claim for recovery of personal property time barred
2005-CA-000958
NOT TO BE PUBLISHED  
AFFIRMING
DATE:  5/5/2006

PERKINS V. SAMS
TORTS - Summary judgment dismissing slip and fall claim affirmed and was not premature  
2005-CA-001542
NOT TO BE PUBLISHED  
AFFIRMING
DATE:  5/4/2006

CLINE V. BOONE MOUNTAIN SERVICES, INC.
WORKERS COMPENSATION - Cumulative trauma case for back injury and alleged psychiatrically-related condition
2005-CA-001996
NOT TO BE PUBLISHED  
AFFIRMING
DATE:  5/5/2006

Thanks to Scott Byrd, Patrick Bouldin,  John Hamlet, Cherry Henault, Sam Hinkle,  Chad Kessinger,  Stephen Keller,  J. Russell Lloyd, Michelle Eisenmenger Mapes , Peter Naake,   Bryan Pierce,  Paul Schurman, Michael Stevens and James Worthington for their efforts in digesting Kentucky's appellate decisions.