Supreme Ct. Topics for February

Read the topics discussed by the Ky. Supreme Court.  Subscribers can access the full keywords, synopsis and access the full text of all 37 decisions issued on Feb. 19th.

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 KY. SUPREME COURT DECISIONS FOR FEBRUARY 2009
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The following topics were discussed this month by the  Ky. Supreme Court.
 

4 KBA Attorney Discipline Rulings
 

Res judicata does not apply to zoning map amendment     
 

liability of mental health professional regarding threats of harm by a patient to third party
 

elements required for civil claim of fraud and negligent misrepresentation- puffing-
 

business goodwill of surgeon can be personal and non-marital property  as with some professional degrees- methods for valuation of business- average of four methods improper
 

zoning for bar based on measurement of distance between existing bar and proposed bar- methodology used- while crossing may be legal it may not be safe-deference to fact
 

liability of mental health professional regarding threats of harm by a patient to third party
 

waiver of failure to answering interrogatory re: damages when deposition was taken without objection on issue of damages
 

preservation of right to appeal after guilty plea—prosecutorial vindictiveness – requirement of actual prejudice in speedy trial request
 

worker’s compensation – work connected injury
 

worker’s compensation- employers violation of safety rules
 

worker’s compensation- pneumoconiosis vs. traumatic injury standards
 

worker’s compensation- circuit court has jurisdiction to determine if W/C act applies  
Numerous findings of prosecutorial error forgiven by court.- Dissent by Schroder and Noble
 

faretta hearing- defendant’s right to appear as hybrid counsel
 

Youthful offenders may granted parole consideration even though convicted as violent offender
 

fists as dangerous instrument must be proven to have caused the injury- double jeopardy imposed on finding of insufficient proof by appeallate court
 

preservation of objection for appeal – palpable error review-sufficiency of the evidence challenge- operability of firearm presumption
 

statements of deceased rape victim- crawford v. Washington-testimonial statements- excited utterance
 

bifurcated and trifurcation sentencing hearings-use of misdemeanor during penalty phase harmless error-enhancement of penalty is not double jeopardy
 

jury instruction on facilitation not merited-custodial statements-taint-harmless error
 

404-B evidence of prior acts-exceptions-testimony of expert –social worker- failure to preserve error
 

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