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| Commonwealth v. Baldwin, NO. 2004-CA-002528-MR,
COURT OF APPEALS OF KENTUCKY, February 24, 2006, Rendered
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Overview: While confidential informant's information that a male was cooking manufacturing drugs in certain storage units alone may have been insufficient to support warrant, sufficient probable cause was established when that information was corroborated by investigation. Additional corroboration was provided when a drug dog alerted to identified unit.
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| Estate of Bryant v. Mid-States Plastics, Inc., NO. 2004-CA-002145-MR,
COURT OF APPEALS OF KENTUCKY, February 24, 2006, Rendered
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Overview: Because there was a genuine issue as to a material fact concerning a corporation's vicarious liability to appellants for the corporation's president's negligence under the doctrine of respondeat superior, summary judgment was improperly granted to the corporation and the matter was remanded.
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| Garcia v. Commonwealth, NO. 2004-CA-002271-MR, NO. 2004-CA-002283-MR,
COURT OF APPEALS OF KENTUCKY, February 24, 2006, Rendered
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Overview: Defendant could not be stopped for having a cracked windshield, under Ky. Rev. Stat. Ann. § 189.110, and the cracks were not severe enough to allow a stop under Ky. Rev. Stat. Ann. § 189.020. His passenger had no standing to object the vehicle's search, and his expectation of privacy in marijuana seized was not reasonable, under the circumstances.
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| Tinsley v. Commonwealth, NO. 2005-CA-000361-MR,
COURT OF APPEALS OF KENTUCKY, February 24, 2006, Decided
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Overview: Because, in addition to denying appointment of counsel based upon a property bond being posted to secure defendant's release, the court failed to apply the factors to determine defendant's indigency as provided in Ky. Rev. Stat. Ann. § 31.120, and did not determine whether defendant was in fact indigent, the conviction was reversed.
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| ConAgra Poultry Co. v. Grissom Transp., Inc., NO. 2004-CA-002609-MR,
COURT OF APPEALS OF KENTUCKY, March 3, 2006, Rendered
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Overview: Where there was no suggestion presented that an arbitration award was tainted as required by Ky. Rev. Stat. Ann. § 417.160 or miscalculated as contemplated by Ky. Rev. Stat. Ann. § 417.170, confirmation of the award was proper. An arbitrator's resolution of factual disputes and his application of the law were not subject to judicial review.
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| Louisville/Jefferson County Metro Gov't v. Richardson, NO. 2004-CA-002440-MR,
COURT OF APPEALS OF KENTUCKY, March 3, 2006, Rendered
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Overview: Metro government had no duty under Ky. Rev. Stat. Ann. §§ 65.2005, 65.200(2) to provide a defense for a former police officer because the statutory language did not cover former employees. The underlying actions were filed when the officer was no longer a public employee and alleged that she fabricated warrant information, among other things.
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| Martin v. Commonwealth, NO. 2005-CA-000093-MR,
COURT OF APPEALS OF KENTUCKY, March 3, 2006, Rendered
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Overview: Where the Commonwealth of Kentucky failed to develop condemned property within the eight-year period specified in Ky. Rev. Stat. Ann. § 416.670, the condemnees could not recover monetary damages for a delay in notifying them that the property remained undeveloped; reconveyance under § 416.670 was the only remedy available to them.
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| Moorhead v. Manning, NO. 2005-CA-000700-MR,
COURT OF APPEALS OF KENTUCKY, March 3, 2006, Rendered
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Overview: While judgment debtor was contractually liable for appellate attorney fees, judgment creditor's later, separate action for appellate attorney fees was barred by res judicata since parties and underlying cause of action were the same. Proper way to preserve trial court's jurisdiction would have been to reserve post-judgment attorney fees issue.
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| Port v. Kern, NO. 2005-CA-001026-WC,
COURT OF APPEALS OF KENTUCKY, March 3, 2006, Rendered
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Overview: An award of workers' compensation benefits to an employee was affirmed, as the motor vehicle accident the employee suffered while driving home from work while in a company-owned vehicle was work-related. The "service to the employer" exception to the "going and coming" rule applied.
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