Ct. of Appeals topics for Feb. 20th.

Read the topics discussed by the Ky. Court of Appeals.  Subscribers can access the full keywords, synopsis and access the full text of all 39 decisions issued on Feb. 20th.

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 COURT OF APPEALS DECISIONS FOR FEB. 20, 2009   
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60.02 motion procedure on appeal- jurisdiction to reopen
 

eminent domain-public utilities-condemnation
 

privacy-attorney privilege to disclose personal data in pleadings – redaction
 

landlord liability to tenant- duty to disclose known danger-URLTA breach limited to cost of repair
 

division of marital property-failure to designate record on appeal fatal to appellate jurisdiction         
division of marital property-maintenance denied
 

statute of limitations for wrongful death action
 

prisoner rights-conditions of confinement-liberty interest
 

Restrictive covenants- wrongful use of civil proceedings-termination in favor
 

improper imputation of income to find father underemployed
 

unadopted child may not recover from wrongful death settlement
 

administrative hearing-exhaustion of administrative remedies
 

review of denial of motion for reversal notwithstanding the verdict
 

intentional infliction of emotional distress-dismissal-lack of damages-summary judgment-conflict of interest claim
 

sudden emergency instruction improper    
disability hearing-appellate standards-substantial evidence supported finding of hearing officer
 

disability hearing-appellate standards-substantial evidence supported finding of hearing officer
 

employment discrimination claim-state and federal avenues of relief-statute of limitations
 

proof of jurisdictional dollar amount in controversy need not be proven, but must be alleged
 

indirect contempt of court requires due process hearing-contempt can be direct and indirect  
INVOLUNTARY UNDEREMPLOYMENT CAUSED BY CRIMINAL LAW VIOLATION – CHILD SUPPORT
 

VACATUR OF SENTENCE REQUIRED-WRONG STATUTE USED BY COURT TO SENTENCE
 

TRAFFICKING WITHIN A1000 YARDS OF SCHOOL DOES NOT REQUIRE MENS REA KNOWLEDGE- ERROR FOR INDICTMENT TO REQUIRE KNOWLEDGE WHEN STATUTE DOES NOT
 

FIRST AMENDMENT DOES NOT PROTECT CHILD SEXUAL PANDERING-MULTIPLE OFFENSES
 

BIGGERS TEST FOR IDENTIFICATION OF SUSPECT
 

CLASSIFICATION OF CUSTODY STATUS FOR SENTENCE CALCULATION-VIOLENT OFFENDER    
 

CORRECTION OF CLERICAL ERROR ALLOWED, NO CORRECTION ALLOWED FOR JUDICIAL ERROR AFTER 10 DAYS- RESTITUTION ORDER NOT SERVED
 

ELEMENTS OF SEXUAL ABUSE IN THE FIRST DEGREE
 

ARRESTEE BRINGING CONTRABAND INTO JAIL-FIFTH AMENDMENT-VOLUNTARY ACT DEFINED   
ARMOR PIERCING AMMUNITION
PROBATIVE VALUE OF PHOTOGRAPHS OF VICTIM OF DUI WRECK-PROSECUTORIAL MISCONDUCT ALLEGED
 

CORRECTION IN ERROR OF JUDGES SENTENCE-CLERICAL ERROR VS. JUDICIAL ERROR
 

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