Ky. Supreme Court releases 36 important decisions for January.

If you aren’t staying current in Kentucky appellate court rulings you will quickly fall behind on the state of the law.

The Kentucky Supreme Court issued 36 important rulings on Jan. 22, 2009.
The following LawReader keywords show the diversity of these decisions.

Three kba attorney discipline rulings

no attorney fee for collecting unpaid worker’s compensation award

no offset to employer for pension benefits received by disabled worker who took early retirement     
Worker’s compensation claim denied- video surveillance upheld
worker’s compensation-harmful changes from work-related injury-physicians use of legal terms does not determine legal effect-work related trauma-preexisting condition  aroused

worker’s compensation- employer has burden to prove defenses to liability-worker entitled to be compensated for entire impairment caused by injury
interlocutory appeal from condemnation action

duty of trustee-notice to beneficiaries- not court’s duty to rewrite statute – a trustee has a duty to inform contingent beneficiaries of their potential interests – late notice better than no notice   

right of warning order attorney to be awarded a fee even against indigent-court’s duty to award fee and assist in collection

duty to warn independent contractors of asbestos exposure- clarification of prior rulings-slip and fall theories not adopted-summary judgment

contested annexation  city of prospect vs. louisville metro government
subrogation rights- duty not to interfere with insurer’s ability to protect itself – statute of limitations- insurer may not avoid policy if insured fails to bring suit

wrongful discharge claims re: union organizing activities preempted from state action by NLRA   

columbus day legal holiday –fact that courts stay open does not affect tolling of appeal time on legal holiday

arbitration agreement must require arbitration in Kentucky – interlocutory relief allowed when court has no jurisdiction to enforce out of state arbitration award

trial procedural errors –separation of trials-404-B testimony harmless error-jury strikes-failure to object

opening the door- commonwealth withholding of discovery –serious physical injury proven by medical records-

closing argument-send a message-palpable error-bifurcated trial requires restatement of objection at each portion of trial to preserve error-pfo conviction reversed

amendment of indictment improper in this case

combination instruction-proof of impairment in driving under the influence
jurisdiction of supreme court to hear commuted death sentence – 11.42 appeal procedure after direct appeal – definition of Rule- Retroactive application of rules

reading from citation-narration of video tape-playing two video tapes of chase not cumulative-definition of reasonable doubt   

exception to miranda- prosecutorial misconduct-proportionality of 50 year sentence – proof allowed in guilt phase vs. sentencing phase-inference allowed in pfo finding

error for police officer to interpret audio tape for jury when he was not party to call

judges contact with juror –hearsay not error as it was merely cumulative –duty to advise court of action requested when making an objection
court adopts old chief rule – defendant has right to stipulate to prior felony and commonwealth may not provide details of prior offense

double jeopardy –jury instructions unclear

when jeopardy attaches – double jeopardy-mistrial standards-palpable error review

continuance-palpable error review

double jeopardy of acts of sexual abuse – intent may be inferred

Members may access these cases at: KY. SUPREME COURT DECISIONS FOR JANUARY 22, 2009   

Non-members may sign up and access all decisions and synopsis go to: SIGN UP – PRICING 

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