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| Epperson v. Commonwealth, 2003-SC-0595-MR,
SUPREME COURT OF KENTUCKY, February 23, 2006, Rendered
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Overview: In a capital murder case, defendant's due process rights were not violated by the failure of the court to excuse a juror for cause where she indicated her willingness to consider a minimum sentence, she stated that she would have to listen to the evidence, and she expressed a willingness not to automatically vote for the death penalty.
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| Equitania Ins. Co. v. Slone & Garrett, P.S.C., 2003-SC-1003-DG,
SUPREME COURT OF KENTUCKY, February 23, 2006, Rendered
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Overview: Jury instructions given over objection by shareholders were not accurate statement of law as to legal malpractice and proper instruction did not require jury to understand abstract legal principles; judge should not have limited shareholders' expert testimony as no prejudice was shown. Shareholders failed to show there was ambiguity in contract.
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| Howard v. Peabody Coal Co., 2005-SC-0327-WC,
SUPREME COURT OF KENTUCKY, February 23, 2006, Rendered
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Overview: As claimant's attorney fees had to be deducted from award under Ky. Rev. Stat. Ann. § 342.320(2)(a), and under Ky. Rev. Stat. Ann. § 342.732(1)(a), he could not receive retraining incentive benefits until he enrolled as student, his attorney's motion for fees was premature under Ky. Rev. Stat. Ann. § 342.320(2)(a) and 803 Ky. Admin. Regs. 25:125.
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| Howell v. Herald, 2003-SC-000476-DG,
SUPREME COURT OF KENTUCKY, February 23, 2006, Rendered
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Overview: To extent the acts of testator's attorney were flawed by his failure to deliver deeds to testator's niece, the testator's demonstrated intent and his overt acts were sufficient to satisfy the requirements for inter vivos gifts. His reservation of a life estate in the gifted properties signified that he believed he had parted with the land conveyed.
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| Ky. Bar Ass'n v. Staples, 2005-SC-0902-KB,
SUPREME COURT OF KENTUCKY, February 23, 2006, Entered
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Overview: Because an attorney failed to provide additional evidence that he complied with the continuing legal education requirements of Ky. Sup. Ct. R. 3.661, the attorney failed to show sufficient cause why he should not be suspended from the practice of law pursuant to Ky. Sup. Ct. R. 3.669(4).
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| McKenzie v. Ky. Bar Ass'n, 2005-SC-0943-KB,
SUPREME COURT OF KENTUCKY, February 23, 2006, Entered
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Overview: Attorney violated Ky. Sup. Ct. R. 3.130-1.3, 1.4(a), 1.16(d), by failing to exercise reasonable diligence in representing client, to keep client informed, and to return unearned fees. Supreme court ordered him suspended from practice of law with 120 days to serve and the remainder conditionally probated, which required, inter alia, drug treatment.
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| Osborne v. Commonwealth, 2004-SC-000566-DG,
SUPREME COURT OF KENTUCKY, February 23, 2006, Rendered
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Overview: Pursuant to Ky. Rev. Stat. § 441.045(3), the county jails were responsible for the costs of providing psychotropic medications to indigent inmates in the jail, not the Commonwealth; under Ky. Rev. Stat. § 441.047(1), Commonwealth was responsible for costs associated with treatment at state-supported or state-operated psychiatric facilities.
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| Posey v. Commonwealth, 2004-SC-0060-DG,
SUPREME COURT OF KENTUCKY, February 23, 2006, Rendered
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Overview: The state's highest court rejected defendant's claim that Ky. Rev. Stat. Ann. § 527.040, which prohibited convicted felons from possessing guns, was unconstitutional because the statute was not arbitrary or irrational and did not unduly infringe upon the right to bear arms which was reserved to the people through Ky. Const. § 1(7).
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| Powell v. Graham, 2005-SC-625-MR,
SUPREME COURT OF KENTUCKY, February 23, 2006, Rendered
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Overview: In a murder prosecution, though a trial court had the authority under Ky. R. Civ. P. 35.01 to compel defendant to undergo a mental examination, as he had placed his mental health in issue, as its order failed to provide appropriate protections for defendant's Fifth Amendment rights, defendant was entitled to a writ of prohibition.
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