Ky. Supreme Court Releases 40 important cases…

The Kentucky Supreme Court has released 40 decisions for October.  LawReader subscribers can read a synopsis and the full text of each of these decisions by going to KENTUCKY SUPREME COURT OPINIONS FOR OCTOBER 2008 


 Non members can subscribe at www.lawreader.com for only $34.95 a month.

The court issued two decisions overruling major portions of the Fenwick case regarding modification of child visitation and time sharing. See LawReader cases #8 and #10. An important distinction is discussed in situations where a parent wishes to move with the child and the court discusses the importance of relocation being  pre or post decree.

In a short decision (See LawReader case #13A) the court ruled that reports of medical peer review committees were not subject to discovery in medical malpractice cases.

The Court also established a rule that when a worker’s compensation insurance carrier mislead a worker about their reporting duties, that equitable estoppel could be applied to toll the statute of limitations.

One case from Campbell County granted a new trial in a child sexual abuse case due to many errors committed by the Commonwealth and the trial Judge.  The decision is unpublished but provides a great deal of information with authorities regarding discussion of “reasonable doubt”, inadmissibility of child’s behavioral symptoms, attempted use of doctor as expert on credibility of a child, delayed disclosure, and the limitation of the defendant’s right to cross examine a doctor who had testified by deposition.

The court also ruled in Case #29, that the defense of Extreme Emotional Disturbance could be used in situations where the event triggering the emotional outburse occurred sometime before the violent act.  This case also discusses defense funding of expert witnesses.

 

An important search and seizure case (#30) the court upheld the Knock and Talk procedure for police but limited the right of a police officer to enter portions of the home’s cartilage not generally open to the public to try to get the witness to come to the door.

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