Court of Appeals issues 23 important decisions this week – Ky. Supreme Court issues 14 decisions this week – See topics discussed.

 

LawReader subscribers can access these cases with keywords, synopsis and links to the
 

full text at COURT OF APPEALS DECISIONS FOR DEC. 19, 2008  –   or     

 

 KY. SUPREME COURT DECISIONS FOR DECEMBER, 2008
                     

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                                Topics discussed this week include:
 

SUPREME COURT –
worker’s compensation – timely notice of injury
 

subsequent employment after award – reopening of claim
 

improper reopening of proof to allow new physician evaluation of claimant
location for criminal trial – waiver –proper forum – double jeopardy
 

duty to notify parent on arrest of minor – Miranda – cross-examination re: prior inconsistent statement – probable cause
 

Judicial notice – learned treatises – reopening proof once jury sent out to deliberate may be allowed
 

Batson challenge – judicial notice – adjudication facts – judicial notice of a law
 

Miranda – Public safety exception – double jeopardy when two charges for one possession of firearm – guilty plea does not preclude double jeopardy appeal
 

statute of limitation for recoupment of Medicaid overpayments- appeal allows raising of a law not cited in court
 

COURT OF APPEALS -
 

Reformation of mortgage –
 

 statute of limitations after federal lawsuit dismissed –
 

judge’s response to jury’s question –instructions-issue preclusion –
 

statute of limitation of parties not named in prior federal lawsuit—
 

Appointment of special commissioner –
 

waiver-proof of damages for building construction defects—
 

Appeal procedures –
 

negligent supervision not supported by a tort as required —
 

 compliance with mediation rules mandating attendance of party with full settlement authority –
 

contempt of court- criminal contempt/civil contempt—
 

premature summary judgment when party had not completed discovery—
 

trip and fall case –open and obvious standard –visibility factor is vital—
 

wife not entitled to continuance at final divorce hearing based on judges review of her consistent dilatory actions—
 

shared custody –
 

court erred in denying child support retroactive to motion –
 

medical expenses allocation—
 

open records –request for attorney fees and costs due to delay in compliance—
 

juvenile commitment –waiver of separate hearings – findings of act—
 

ssi payments may be used in calculation of child support obligation –
 

court did not make record or make record-remanded for due process hearing—
 

 worker’s compensation – current employer held liable for injury to worker which occurred while he was working for prior employer—
 

flawed jury verdict should have been sent back to jury—
when criminal defendant is entitled to free copy of the record—
 

child sexual abuse – use of dog to touch child’s privates –
 

marihuana use not generally admissible, possession of pornography and sex toys not admissible—
 

youthful offender eligible for probation consideration upon resentencing at age 18
        
 

 

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