LawReader has prepared a synopsis for each of the 24 cases released by the Ky Court of Appeals on June 23
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This weeks Important cases:
1 Court did not err in ordering spouse to compensate ex-wife for share of retirement benefits based on[QDRO]â€? assets pursuant to property settlement agreement
2 DeveloperÂ is not entitled to compensation for their sewer plant which was bypassed by MSD. It was not therefore taken.Â No damages for â€śinverse condemnationâ€?.
3 TO BE PUBLISHED: the trial court erred by concluding as a matter of law that the crowbar constituted a deadly weapon under KRS 500.080(4)(d).
4 Insurance company was not obligated to provide coverage after homeowner failed to pay for the policy.Â It was homeownerâ€™s responsibility to inform insurer of his new address, therefore failure to receive notice of policy cancellation was not insurerâ€™s fault.Â Plaintiff set the romantic mood by spreading the money on the sofa in the living room of the lake house. Unfortunately for Plaintiff, a masked intruder forced his way into the home and brandished a gun, stole the money and set the house of fire before fleeing.
5 if a probated sentence for a felony is revoked after the commission of another felony, KRS 533.060 requires the sentences for the two felonies to run consecutively even if the probation revocation occurs after the passage of the ninety-day period described in KRS 533.040.
6..Dicta: .â€ś(a) single sales transaction (of controlled substance) between the same principals at the same time and place which violates a single statutory provision does not justify conviction or a sentence for separate crimes, even though more than one item of a controlled substance (of the same schedule) is involved.â€? A trial court is not permitted to review the credibility of evidence, or the weight it should be given. Such a review is the province of the jury.
7 TO BE PUBLISHED: Co-defendantâ€™s plea of guilty did not waive her right to assert Fifth Amendment right to not testify.Â –Â â€śthe introduction of inadmissible evidence by one party allows an opponent, in the courtâ€™s discretion, to introduce evidence on the same issue to rebut any false impression that might have resulted from the earlier admission.â€?
8 a motion for directed verdict will not preserveÂ a claim that the evidence is insufficient to sustain theÂ Commonwealthâ€™s burden of proof on one or more of the indicted offenses.
9 The voluntary nature of consent to search is to be determined by the trial court with regard to
the totality of the circumstances
10 Law enforcement personnel are not automatically excluded from the jury panel
11 Plaintiff needed, yet did not obtain, an expert witness to support the medical malpractice claim
12 counselâ€™s negligence in failing to answer discovery is imputed to the client and is normally not a ground for relief from a court order of judgment.
13 Defendant is entitled toâ€? â€śa fair trial, not a perfect one.â€?
14 the family court erred by awarding the certificate of deposit to Justin instead of finding it to be a marital asset and dividing it in just proportions.
15 when the time for filing a notice of appeal ran on December 9, 2004, the Commonwealthâ€™s CR 60.01/60.02 motion did not toll the time and the November 9, 2004, opinion and order setting aside the guilty plea became final.
16 negligence by Eastern State which contributed to his escape does not absolves defendant of the crimes he committed following the escapeÂ – failure of trial attorney to pursue such a defense not basis for 11.42 relief
17 18 the date the insurer issues payment, is the date from which the limitations period begins to run.
19 TO BE PUBLISHED: Defendant clearly and deliberately rejected the arbitration provision contained in the offer by marking through that clause of the contract. By executing the general terms of the contract, Collins did not waive his right to reject the specific arbitration clause proposed
20 Any agreement (regarding child support) which affects the best interest of a child is always subject to the approval of the court having proper jurisdiction of the parties.
21 only Dr. Eberbaugh, as School Superintendent, had the authority to enter into an employment agreement with teacher…summary upheld.
22 Constructive service of process by a warning order attorney has been permitted in termination of parental rights cases due to problems in locating the parent in question.
23 Miranda is applicable only in the event of a custodial interrogation
24 â€śgiven the evidence most credible by the ALJ, we cannot say the ALJâ€™s determination that