Vol. 2006:23 - COURT OF APPEALS DECISIONS FOR May 12, 2006

• HTML Version of the LawWire - Published and Nonpublished decisions..
• PDF Version.

• MINUTES from AOC for this week.

PUBLISHED (COA).

None.

NOT PUBLISHED (COA) .

RENN V. ROSS
APPEALS - Dismissal for failure to name indispensable party is mandatory
2002-CA-001049
NOT TO BE PUBLISHED 
DISMISSING; TACKETT, J.
DATE:  5/12/2006

MILLER V. MILLER
APPEALS - Party is limited to issues raised in prehearing statement
2003-CA-002251
NOT TO BE PUBLISHED 
AFFIRMING; EMBERTON, J.
DATE:  5/12/2006

HERTRICH V. WALNUT HALL LTD.
APPEALS - Faith in lower court to interpret decision and enter appropriate judgment 
2005-CA-001022
NOT TO BE PUBLISHED 
AFFIRMING ; EMBERTON, J.
DATE:  5/12/2006

PHILLIPS V. COMMONWEALTH
CRIMINAL - RCr 11.42 denial affirmed without hearing
2004-CA-002374
NOT TO BE PUBLISHED 
AFFIRMING; EMBERTON, J.
DATE:  5/12/2006

TAYLOR V. COM.
CRIMINAL - Sentencing under statute in place at time offense committed
2005-CA-000802
NOT TO BE PUBLISHED 
AFFIRMING; EMBERTON, J.
DATE:  5/12/2006

CAGLE V. COM.
CRIMINAL - Ineffective assistance of counsel and failure to advise defendant of psychiatric evaluation and voluntariness of plea
2005-CA-000835
NOT TO BE PUBLISHED 
AFFIRMING IN PART, VACATING IN PART, AND REMANDING; TAYLOR, J.
DATE:  5/12/2006

SAVAGE V. COM.
CRIMINAL - Crimes (sufficient evidence for conviction of knowing possession of dangerous contraband)
2005-CA-000839
NOT TO BE PUBLISHED 
AFFIRMING; SCHRODER, J.
DATE:  5/12/2006

BELCHER V. COM.
CRIMINAL - Ineffective assistance of counsel claim refuted
2005-CA-001055
NOT TO BE PUBLISHED 
AFFIRMING; EMBERTON, J.
DATE:  5/12/2006

DEWAYNE V. GRIMES
CRIMINAL - RCr 11.42 filed four years after final judgment entered is time barred
2005-CA-001185
NOT TO BE PUBLISHED 
AFFIRMED; EMBERTON, J.
DATE:  5/12/2006

PARTIN V. PARTIN
REAL PROPERTY - Agreed judgment interpreted regarding right of way disputed settlement 
2004-CA-001879
NOT TO BE PUBLISHED 
REVERSING AND REMANDING; TAYLOR, J.
DATE:  5/12/2006

PARKER V. MAYNARD
REAL PROPERTY - Dominant and subservient estates and change of location of easement 
2005-CA-000408
NOT TO BE PUBLISHED 
AFFIRMING; EMBERTON, J.
DATE:  5/12/2006

EST. OF ETHA E.  POWER V. COOPER
WILLS AND ESTATES - Presumption of intestacy 
2005-CA-000691
NOT TO BE PUBLISHED 
AFFIRMING; BARBER
DATE:  5/12/2006

The Court of Appeals affirmed the Bracken Circuit Court’s determination that a holographic will failed to dispose of the decedent’s entire estate. The will included specific bequests of personal property followed by a clause disposing of “[a]ll the rest of my money . . . .”  The Court reviewed the rules of construction about patent ambiguities and the presumption against intestacy. Nevertheless, the Court held that the term “money” did not extend to the decedent’s real property; thus, she died intestate with respect to that class of assets. Though not groundbreaking, it is always helpful to observe a court’s reasoning when applying these oft-quoted rules of construction. This is also a good case to mention when somebody asks why one needs a lawyer to draft a will. [Digested by James Worthington]

CHILDERS V. ADELPHIA COMMUNICATIONS
WORKERS COMPENSATION - Settlement agreement waived right to reopen claim
2005-CA-001959
NOT TO BE PUBLISHED
VACATING AND REMANDING; TAYLOR, J.
DATE:  5/12/2006

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.