LAWREADER HAS POSTED ALL 69 CASES HANDED DOWN BY THE KY. SUPREME COURT AND THE KENTUCKY COURT OF APPEALS THIS WEEK.
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KENTUCKY COURT OF APPEALS DECISIONS FOR WEEK OF MAY 19, 2006
1 2 Where failure or a defect cause injury to the plaintiff, a jury instruction permitting the jurors to assign liability is proper.
3 pursuant to KRS 527.060, a conviction is required before property can be forfeited to the state.
4 TO BE PUBLISHED: The doctrine of contributory negligence does not apply to claims against highway authorities in Kentucky before the Board of Claims….
5 6 Fact that husband had affair and is seeing new friend after divorce is not sufficient to deny joint custody
7 failure to name an indispensable party in the notice of appeal results in dismissal of the appeal
8 9 10 11 policeman by ignoring department policy regarding chasing motorist, did not forfeit his right to arrest fleeing defendant…such arrest provided no defense to said defendant
13 TO BE PUBLISHED: inmate appeals: inmates do not have the right either to retained or to appointed counsel for disciplinary actions
14 15 The law imposes lifetime registration requirements for sex offenders who had a prior conviction, or whose victims were minors. KRS 17.510.
16 17 defendant has a duty to be honest and forthright with the plaintiffs and with the trial court – on discovery of failure to do so court was correct to reinstate civil action previously dismissed for lack of prosecution
18 the twenty-one-year sentence exceeded the maximum sentence of twenty years
19 school Board was entitled to immunity under the Recreational Use Statute
20 allocation of court costs and an award of an attorney’s fee are entirely within the discretion of the court
21 it is not in the province of this Court to substitute our judgment for that of the fact-finding circuit court
22 the Cabinet failed to prove the statutory requirements for termination of parental rights by clear and convincing evidence
23 24 25
26 TO BE PUBLISHED: we reverse the circuit court because we believe that the circuit
court erred by substituting its judgment as to the credibility of witnesses and by misapplying the law.
27 the trial court’s revocation order failed to make the requisite written factual findings concerning the conditions of release
28 this Court has no authority to review issues that were never raised before nor ruled upon by a lower court or the ALJ.
29 Defendant’s motion is DENIED for lack of jurisdiction as waived as, untimely raised and for failure to set forth any special circumstances justifying C.R. 60.02 relief.
30 We agree with the Board, however, that the evidence does not compel the result Thomas seeks.
SUPREME COURT OF KENTUCKY DECISIONS FOR MAY 2006
1 Fletcher v. Stumbo- it is the prerogative of the grand jury to issue a general report of its investigation, so long as pardoned or unindicted individuals are not specifically identified – acceptance of a pardon is presumed – blanket pardons upheld
4 The “good faith” exception will not save an improperly executed search warrant
5 Dissent: peremptory challenges in both civil and criminal trials can be allocated at the whim of trial judges,
7 Future Medical Expenses windfall should be awarded to the injured party, not the UIM insurer who stands in the shoes of the tortfeasor.
8 evidence of the Appellant’s past affair with Ms. Baumgardener is admissible
9″[O]ne may not stand by and make no objection to a proceeding in court with the anticipation that if it results favorably the benefits will be accepted, but that if it results unfavorably objections will be made
12 we find it unreasonable to presume that unallocated portions of a tort settlement were meant to pay for attorney fees and expenses.
13 while evidence of an insurer’s litigation conduct may, in some rare instances, be admissible on the issue of bad faith, such evidence will generally be inadmissible
15 the incorrect notation as to manner of service as a clerical mistake under RCr 10 .10, correctable (if need be) nunc pro tunc
16 17 18 19 20
21 the statement, “I don’t want to talk about it” to be an unequivocal assertion of the right to remain silent
22 Once warned, the suspect is free to exercise his own volition in deciding whether or not to make a statement to authorities
25 the right of an arresting officer to search the passenger compartment of a vehicle(does not) terminate when the arrestee cannot access the vehicle to destroy evidence or access a weapon
26 27 28 when CR 35.02(1) is triggered by the examined party’s request for production of the independent medical examiner’s report, that party has a reciprocal obligation to produce a like report of all similar examinations .
29 30 31 32 33 34 35 36 37 38