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| Brownlee v. Commonwealth, NO. 2005-CA-002255-MR,
COURT OF APPEALS OF KENTUCKY, January 12, 2007, Rendered
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Overview: Substantial evidence supported a trial court's decision that employees who accepted an employer's early retirement offer, as an alternative to a proposed reduction in force, had "good cause" for leaving work, under Ky. Rev. Stat. Ann. § 341.370(1)(c), and were eligible for unemployment benefits, and the court correctly applied the law to the facts.
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| Clay v. Commonwealth, NO. 2006-CA-000411-MR,
COURT OF APPEALS OF KENTUCKY, January 12, 2007, Rendered
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Overview: Defendant claimed he was denied unanimous verdict by instruction regarding drug trafficking that included theory not supported by evidence. Claim was not reviewable as it had not been raised below and there was no palpable error under Ky. R. Crim. P. 10.26, evidence having been sufficient to convict him of possessing cocaine with intent to sell it.
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| Commonwealth v. Gilbert, NO. 2005-CA-001203-MR,
COURT OF APPEALS OF KENTUCKY, January 12, 2007, Rendered
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Overview: Evidence was properly suppressed under Ky. R. Crim. P. 9.78 because defendant had been detained longer than time required to write him a citation, there was no evidence that defendant was in a high crime area, drug activity had not been confirmed at residence where defendant had been, and prior record alone was not sufficient for longer detention.
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| Commonwealth v. Rose, NO. 2005-CA-001211-MR,
COURT OF APPEALS OF KENTUCKY, January 12, 2007, Rendered
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Overview: A trial court erred in granting appellee's motion to suppress evidence seized during a search of her purse following a traffic stop where she was a recent occupant of the vehicle when an officer initiated contact and she was lawfully arrested before the search.
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| Hall v. Hospitality Res., Inc., NO. 2005-CA-001887-WC,
COURT OF APPEALS OF KENTUCKY, January 12, 2007, Rendered
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Overview: The Workers' Compensation Board properly held that an individual's motion to reinstate temporary total disability benefits was untimely under Ky. Rev. Stat. Ann. § 342.125(3) where she had filed it more than four years after the settlement of her workers' compensation claim was approved.
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| Hardin v. Commonwealth, NO. 2005-CA-000051-DG,
COURT OF APPEALS OF KENTUCKY, January 12, 2007, Rendered
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Overview: In a DUI prosecution, the trial court properly allowed lay opinion testimony, pursuant to Ky. R. Evid. 701, from a state trooper regarding defendant's performance of the one-leg stand and walk-and-turn field sobriety procedures, as any testimony regarding these types of procedures was within a layperson's common understanding.
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| Johnson v. Commonwealth, NO. 2005-CA-002361-MR,
COURT OF APPEALS OF KENTUCKY, January 12, 2007, Rendered
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Overview: Although defendant was advised of his rights before a grand jury under Ky. Const. § 11, there was no evidence that he voluntarily waived the rights. Thus, admission of defendant's grand jury testimony at trial for receiving stolen property was improper because testimony provided only evidence of defendant's intent and challenged his credibility.
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| Martin County Home Health Care v. Cabinet for Health & Family Servs., NO. 2005-CA-002616-MR,
COURT OF APPEALS OF KENTUCKY, January 12, 2007, Rendered
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Overview: Pursuant to former Ky. Rev. Stat. Ann. §§ 216B.085(4) and 216B.015(17)(d) (amended 1996), the Kentucky Health Policy Board committed reversible error by failing to include the staff reports in the administrative record and by failing to grant a licensed home health agency access to such records in denying its application for a certificate of need.
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| McConnell v. Stivers, NO. 2004-CA-001835-MR, NO. 2004-CA-001894-MR AND NO. 2004-CA-002302-MR, NO. 2004-CA-002213-MR,
COURT OF APPEALS OF KENTUCKY, January 12, 2007, Rendered
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Overview: A trial court erred in reducing a jury's punitive damage award to property owners' neighbors to two times the compensatory damages. As the owners' act of vandalizing the neighbors' gate involved deliberate malice and deceit, the jury's punitive damage award of 3.57 times compensatory damages did not violate due process.
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