One Sentence Synopsis of Ky. Ct. of Appeals decisions issued March 17

Subscribers can go to LawReader’s Weekly Decisions to read analysis of cases and to read full text of each decision.

Important cases:  

1. Technical errors which do not deprive a defendant of a substantive or procedural
right to which the law entitles the defendant or a fair trial are not sufficient to establish prejudice under Strickland    

2. Claims of ineffective assistance are not reviewed on direct appeal, but must be raised in front of the trial court via a Kentucky Criminal Rule 11.42 motion.

3. the overall purpose of the Unified Juvenile Code that it was the intent of the legislature that the grant of “continuing jurisdiction” set out in KRS 610.010(13) include the continuing power to amend or to modify a previously entered dispositional order.

4. The trial court’s findings did not support the award of damages to the Kruszewskis beyond return of their down-payment.

5. A person could be guilty of conspiracy to manufacture methamphetamine without actually possessing methamphetamine or any of its precursor ingredients.

6. An attorney generally must possess actual, not mere apparent, authority in order to bind his clients to a settlement.

7. We find no error in the trial judge’s assessment that appellant’s entry of a guilty plea in the non-support prosecution, which constituted an admission of the truth of the factual underpinnings of the amended charges, precludes his current challenge to his paternity of D.W.

8. (policeman)… waived that defense by deliberately refusing to appear and raise it either during the scheduled hearing or during an appeal from the administrative order terminating his employment …

9. an indictment may be “amended any time before [the rendering of the] verdict or finding if no additional or different offense is charged and if [the] substantial rights of the defendant are not prejudiced

10. the trial court erred in finding that the full repair costs were less than the reduction in value of the property due to the damage

11. There was not any evidence that would warrant an instruction on fourth-degree assault based on Butler’s theory of the case.

12. Inmate was entitled to the appointment of counsel for 11.42 hearing, only if there were material issues of fact below which could not be “determined on the face of the record.

13. A trial court has the inherent power to enforce (a settlement) , even if the agreement has not been reduced to writing even if the agreement has not been reduced to writing

14. CR 60.02 should only be used to provide relief when the movant demonstrates why he or she is entitled to the special, extraordinary relief provided by the rule.

15. a renewal (of motion for directed verdict) is not required if the defense rests immediately after the trial court denies the motion

16. It is procedurally improper to file two successive postconviction motions, as all issues that could reasonably have been presented under RCr 11.42 are foreclosed from being raised under CR 60.02.

17. 18 11.42 motion denied

18. Adverse possession: Spalding’s sublease with Buckman as well as the sublease itself caused Spalding’s use of the disputed property to be interrupted

19. Absent an allegation of fault, the trial court did not err by ruling that Perry’s claim against Smith must fail.

20. a plaintiff’s prima facie case (for job discrimination), combined with sufficient evidence to find that the employer’s asserted justification is false, may permit the trier of fact to conclude that the employer unlawfully discriminated.”

21. A disciplinary proceeding that may revoke a prisoner’s good-time credit must comport with due process

22. the issue of whether D.R. and her father testified truthfully that she did not talk to her grandmother about the abuse was a material issue, and rebuttal evidence was allowed

23. The landlord need not exercise even ordinary care to furnish reasonably safe premises, and he is not generally liable for injuries caused by defects therein.”

24. Policy issued to a corporate employer did not include employees within the class of named insureds. Employees were covered, rather, only if injured while occupying a covered vehicle.

25. A prisoner has no vested right or reasonable entitlement to meritorious good-time credit under KRS 197.045(3).

26. Fact that Deputy Jones detained defendant while awaiting the warrant does not necessarily render Walling’s subsequent consent involuntary.

27. When land is subsequently sold without reserving the family cemetery, by operation of law, the family of the deceased maintain an “easement,” not a fee, in the land, for burial purposes

28. the physical altercations between the child and his mother, and the fact that the child has failed the eighth grade once, and was perilously close to repeating that feat, supports father’s motion for change of custody

29. The trial court properly entered the domestic violence order

30. Once Kinner found herself having to prove causation, if she had not believed that she had to prior to the final hearing, her remedy was to ask for time to put on additional proof.

31. The existence of the arrest warrant will be deemed an independent intervening circumstance that dissipates the taint of the initial illegal stop vis-à-vis the evidence discovered as a consequence of a search incident to the execution of the arrest warrant.



Comments are closed.