LawReader posts 47 Ky Supreme Court cases for month of June with synopsis

The following Decisions of the Ky. Supreme Court were posted within 24 hours of their release with a synopsis of each important case. LawReader subscribers may access the complete synopsis and full text of each decision.  Stay current with the law in your area of the practice, subscribe to LawRreader for only $34.95 per month.

 Important cases:

1 waiver of rights constitutionally permissible

2 unpublished fact based case

3 The United States Supreme Court has rejected the idea that a jury is only required to decide the factual components of essential elements .

4 that the trial court erred in admitting expert testimony

5 the techniques used by police overbore defendant’s will in making a confession will

6 The partnership agreement was in operation, and Richard could not rightly dissolve

it under KRS 362.300(1)(b)

7 if the injury was caused by an unsecured person, the injured party’s reparation obligor may obtain BRB reimbursement directly from the unsecured person ; but if the injury was caused by a secured person, the injured party’s reparation obligor may obtain BRB reimbursement only from the secured person’s reparation obligor.

8 the interrogation during which Lucas confessed was noncustodial-and therefore did not require a Miranda warning

9 the General Assembly has provided a legal definition of the term “restrain” in the penal code chapter pertaining to kidnapping and related offenses, the definition should have been included in the instructions as a part of the whole law of the case – but omission was harmless under the facts of this case

10 only statements made during custodial interrogation are subject to suppression

11 no clear error in the trial court’s reliability determination allowing “homicide by heart attack? theory by expert medical witness

12 the trial court properly required Appellant to “present evidence sufficient to support a reasonable belief that in camera review of counseling records may yield evidence that establishes the exception’s applicability.”

13 statements of identity are not pertinent to diagnosis or treatment, and are inadmissible under KRE 803(4).

14 the consent to operate form was indisputable evidence that Appellant gave Appellees consent to perform the procedures.

15 The arrest was proper because a reasonable officer could conclude from all the facts and circumstances that a violation was being committed in his presence

16 Under RCr 9.16, “a defendant must prove that joinder would be so prejudicial as to be

‘unfair’ or’unnecessarily or unreasonably hurtful .”‘

17 it would appear quite a stretch of the hearsay exception to consider many of B .P.’s statements in the interview as “medical history,” or reasonably pertinent to medical treatment or diagnosis

18 there is an absence of any proof that the insured intended his written notice of a change in beneficiary to be delivered to the company.

19 the crimes for which Davis has been charged, including first offense DUI, are “petty offenses … (However) a potential sentence in excess of six months’ imprisonment is sufficiently severe by itself to take the offense out of the category of `petty.”‘  But when def. requested a jury trial, later request for bench trial should not have been granted….

20 trial court’s decision to overrule Appellant’s motion to excuse these two jurors (who had been victims of crime)  was appropriate because there was nothing shown that “would prevent or substantially impair the performance of their duties in accordance with their instructions or their oaths

21 the imposition of court costs are “mandatory” and shall not be subject to any form of ” nonimposition in the terms of a plea bargain or otherwise.”

22″[t]he purpose of the kidnapping exemption statute is to prevent misuse of the kidnapping statute to secure greater punitive sanction for rape, robbery and other offenses which have as an essential or incidental element a restriction of another’s liberty.”

23 The burden of proof rests on the defendant to prove she is not competent.

24 The prosecutor then asked if she knew where the men were going. She responded “to rob the trailer park”. Held: not hearsy

25 A pleading is sufficient if it identifies the circumstances constituting fraud so that the defendant can prepare an adequate answer from the allegations

26 When a sum certain is appropriated (here for state worker’s annual 5% increment pay raise) there can be no legitimate contention that more spending was intended

27″the danger of confusing the issues and/or misleading the jury is so great in this case as to outweigh whatever value this evidence has to offer”

28 fact based case unpublished

29 same sex adoption:   B.F.’s only avenue for obtaining standing to claim custody was to prove that she was a de facto custodian and in this respect, her proof failed.

30 Bowling procedurally defaulted his mental retardation claim (as defense to death penalty) applies with equal force to support a finding that his current claim, even if viable, would have been procedurally defaulted as well

31 the trial court had not abused its discretion allowing the discovery of items in the personnel files of Hamilton employees who were connected with the adjustment of a related claim.

32 the trial court erroneously declared a mistrial without the “manifest necessity” necessary to do so, subjecting him to retrial after jeopardy had already attached, thus violating his constitutional right not be tried twice for the same offense under the Fifth Amendment

33 misnumbered by AOC 34 misnumbered by AOC 35  misnumbered by AOC

36 Kevin M. Callihan, is suspended from the practice of law in Kentucky for a period of 181 days

37 KENNETH E . DANIELS is suspended from the practice of law in the Commonwealth of Kentucky

38 Rodney McDaniel, is suspended from the practice of law in the Commonwealth of Kentucky for a period of two (2) years

39misnumbered by AOC

40 he failed to sustain his burden of proving a work-related injury and failed to give due and timely notice of such an injury

41 the physical exertion of performing CPR and first aid on an individual with multiple gunshot wounds is a physically traumatic event.

42 wc case affirmed 43 wc case affirmed 44 wc case affirmed 45 wc case affirmed 46 We affirm, but we do so because the physical exertion of performing CPR and first aid on an individual with multiple gunshot wounds is a physically traumatic event.

47 failure of the administrator of the worker’s estate to list the employer’s correct address on the application for benefits did not deny the employer due process under the circumstances

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