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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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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