LawReader posts synopsis of this weeks Ct. of Appeals cases

The following Ky. Court of Appeals cases have been posted on LawReader and are accessible by subscribers.These cases were released by the Court of Appeals at 2 P.M. and our staff had written a synopsis for each decision and posted them by 3:53.  This keeps our users very, very current on the state of the law.
Case synopsis:

1 the trial court erred as a matter of law in failing to award any damages

2 A motion for a directed verdict at the close of the evidence is required to support a judgment of acquittal.

3 search of motel room following arrest pursuant to an arrest warrant, did not exceed the scope permitted by the Fourth Amendment.

4 under Kentucky law that limestone and clay are not minerals and thus were retained by the surface owners

5 court correct in ruling on claim of ineffective assistance of counsel on the basis of the court record without holding an evidentiary hearing

6 Once the spouse alleging dissipation has established the above elements, the burden of going forward falls on the spouse charged with dissipation.

7 we are presented with no evidence that the post-trial litigation was for the purpose of harassment and vexation or any indication that the trial judge abused the discretion the statute provides.

8 If an employee’s entire legal expense in recovering damages against a third-party tortfeasor exceeds the indemnity paid or payable by the carrier to the employee, then the carrier is not entitled to subrogation.

9 ambiguity in the language of the arbitration agreement must be resolved in favor of arbitration

10 no case  says you’re required to disclose what your rebuttal testimony is going to be

11 the fact that White was driving erratically justified Officer White’s attempted traffic stop

12  the statute limits revocation of probation to occurring during the (five year)  probationary period

13 to be published: the trial court did not err by allowing the Commonwealth’s Attorney to participate in Bray’s sex offender risk assessment hearing

14 Appellant voluntarily, knowingly, and intelligently waived his right to have counsel present� when he continued to communicate with the police.


TO BE PUBLISHED: the Kentucky Cabinet for Family Services failed to present sufficient evidence of probative value at the termination hearing to establish grounds for termination by clear and convincing evidence.

16 KRS 139.793 specifically prohibits any private cause of action based upon any of the provisions contained within the Uniform Sales and Use Tax

17 The inmate’s choice of legal aide or staff counsel must be identified within twenty-four hours of the inmate’s receipt of the completed disciplinary report, and the inmate must identify any chosen witnesses at least twenty-four hours before the initial hearing.

18 Appellant’s CR 60.02 motion, made 23 years after the indictment was issued, was not timely

19 Although the court neither abused its discretion nor acted erroneously when it denied Miller’s motion, we assume that it will reconsider its decision when additional time has passed and R.S.M. has achieved a level of physical and emotional maturity that will enable him to resume contact with his mother.

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