Court of Appeals decisions include 8 published cases this week

Important cases handed down by the Ky court of appeals May 26, 2006.  LawReader members can view synopsis and full text. To sign up go to:   Membership is only $34.95 a month.

Case number:

1 2
3TO BE PUBLISHED: Paducah school shooter granted competence hearing: …minority and mental incompetence, are common grounds for tolling limitations periods, and RCr 11.42 itself gives no indication that its limitations period is meant to be an exception
4 TO BE PUBLISHED: An inquiry into potential securities fraud is within the administrative agency director’s authority as is a subpoena to further that inquiry.
5 alcoholism is not a mental illness for purposes of negating legal intent to drive while intoxicated.
6 TO BE PUBLISHED: University of Ky. Medical Center is a state agency and therefore enjoys immunity for medical malpractice claims

7 8 Feldpausch was entitled to exercise “reasonable visitation rights? with the children unless the court specifically determined that visitation would seriously endanger them. Absent such a finding, the trial court was prohibited from suspending her visitation with the children.
9 ordinances granting planning map amendment were not arbitrary.
10 jury was within the evidence to deny future medical benefits
11 TO BE PUBLISHED: KRS 610.010(13) limits juvenile court jurisdiction to minors. Neither the court’s contempt power nor the limitations period for an action on a judgment implies an exception to that rule for restitution obligors.
12 TO BE PUBLISHED: the difference in treatment between a “used motor vehicle? and a “new motor vehicle,? as found in KRS 138.450(12)(a) and (f), rationally furthers the goal of stimulating the used car industry and is not unconstitutional.
13TO BE PUBLISHED: Highway department owning land in urban areas has duty to maintain natural conditions (old trees) that might cause damage to neighbors…different rule applies in rural areas

14 TO BE PUBLISHED: res judicata was no longer binding, summary judgment issued in error

15..(adverse)…possession is generally deemed adverse when such possession is maintained to a fence line because the fence is recognized as the proper boundary line

16 17 once Chambers broke and ran Officer Curtsinger had a reasonable
suspicion to pursue and to arrest Chambers for fleeing and evading
18 failure to inform a defendant of parole eligibility does not render a guilty plea involuntary under the rule of Boykin v. Alabama

19 Bradley “failed to demonstrate that either Mayor Fannin or the City of Prestonsburg retaliated against her for exercising a right conferred by well-established legislative enactment or for refusing to violate a public policy as set out in the Constitution or a statute.?
20 the officers had articulated a reasonable basis for the stop
21 it was error to appeal from an interlocutory decree
22 Because the trial court failed to make specific findings on the crucial time-lapse issue, we must vacate and remand.
23 KRS 405.021 must be construed to impose a burden on the grandparent seeking visitation of overcoming that presumption by proving clearly and convincingly that visitation is in the child’s best interest.
24 TO BE PUBLISHED:  Kentucky law forbids an appeal of the denial of a petition to involuntarily terminate parental rights.

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