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| Baker v. Jones, NO. 2004-CA-002126-MR,
COURT OF APPEALS OF KENTUCKY, January 20, 2006, Decided
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Overview: Although emails which were part of a disclosure request by a local newspaper reporter were inadvertently disclosed, such did not constitute a waiver of the disclosure exemption under Ky. Rev. Stat. Ann. § 61.878(1) of the Kentucky Open Records Act, as the records were preliminary discussions between a mayor and city commission members.
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| Smith v. Smith, NO. 2004-CA-001028-MR AND NO. 2004-CA-001056-MR,
COURT OF APPEALS OF KENTUCKY, January 20, 2006, Rendered
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Overview: Since it appeared that a husband continued the comfortable lifestyle he had during his marriage, and his portion of the marital estate combined with his nonmarital property enabled him to continue his comfortable existence, he was not entitled to maintenance under Ky. Rev. Stat. Ann. § 403.200.
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| Fields v. Commonwealth, NO. 2004-CA-002108-MR,
COURT OF APPEALS OF KENTUCKY, January 27, 2006, Rendered
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Overview: Where the victim, defendant's wife, testified to 10 prior acts of domestic violence, there was sufficient evidence to allow the evidence to be introduced under Ky. R. Evid. 404(b) as it was relevant to show her state of mind during the assault and rape and helped to explain why she was afraid of defendant; thus, it was relevant as to consent.
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| Hartlage v. Kroger #394, NO. 2005-CA-001445-WC,
COURT OF APPEALS OF KENTUCKY, January 27, 2006, Rendered
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Overview: An ALJ abused his discretion by granting the dismissal without prejudice under Ky. R. Civ. P. 41.01 since the regulations, which set forth the procedures for workers' compensation claims, provided appropriate remedies that would have protected the worker's rights and that would have been less onerous for the employer.
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| Hughes v. Lampman, NO. 2004-CA-002600-MR,
COURT OF APPEALS OF KENTUCKY, January 27, 2006, Rendered
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Overview: Judgment for UM/UIM insurance carrier and a driver in insured's suit to recover for injuries sustained when she was struck by driver's vehicle was improper because trial court improperly withheld from jury fact that UIM carrier was party defendant in action. Trial court's action amounted to deception and constituted complete miscarriage of justice.
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| Shamaeizadeh v. Ky. Bd. of Med. Licensure, NO. 2004-CA-001768-MR,
COURT OF APPEALS OF KENTUCKY, January 27, 2006, Rendered
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Overview: Ky. Rev. Stat. Ann. § 311.607, which permitted licensee whose license was revoked to apply for license in two years, read in with Ky. Rev. Stat. Ann. § 311.593(2), which provided for judicial review of Kentucky Board of Medical Licensure orders denying licenses, permitted review of doctor's application for reinstatement of his license.
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| Bellfield v. Commonwealth, NO. 2004-CA-001106-MR, NO. 2004-CA-001133-MR, NO. 2004-CA-001141-MR,
COURT OF APPEALS OF KENTUCKY, February 3, 2006, Rendered
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Overview: Where defendants, all juveniles, asserted that their Ky. Rev. Stat. Ann. § 635.020(4) did not comport with the 10-day preliminary hearing deadline of Ky. R. Crim. P. 3.10, the argument failed. Ky. Rev. Stat. Ann. § 640.010(2) excluded Ky. Rev. Stat. Ann. § 635.020(4) hearings from the Kentucky Rules of Criminal Procedure.
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| Davidson v. Commonwealth, NO. 2004-CA-000974-MR,
COURT OF APPEALS OF KENTUCKY, February 3, 2006, Rendered
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Overview: To find defendant's fists were dangerous instruments, under Ky. Rev. Stat. Ann. § 500.080(3), they had to cause serious physical injury, and, absent such evidence, it was palpable error to instruct the jury on second-degree assault on such a theory. Defendant could not be retried for this crime, but he could be retried for fourth-degree assault.
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| Fambrough v. Dep't of Corr., NO. 2005-CA-000033-MR,
COURT OF APPEALS OF KENTUCKY, February 3, 2006, Rendered
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Overview: Because Ky. Rev. Stat. Ann. § 439.3401(1) applied to all convictions for first-degree sodomy regardless of whether the victim suffered death or serious physical injury, the DOC properly classified an inmate as a "violent offender," precluding parole until 85% of his sentence had been served.
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