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| Brooks v. Commonwealth, 2005-SC-000319-MR,
SUPREME COURT OF KENTUCKY, March 22, 2007, Rendered
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Overview: Despite defendant not preserving his argument that his convictions for manufacturing methamphetamine and trafficking in methamphetamine violated his Ky. Const. § 13 and U.S. Const. amend. V double jeopardy rights, the state supreme court was still able to determine that no such violation occurred because those crimes were separate offenses.
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| Heard v. Commonwealth, 2004-SC-000551-DG,
SUPREME COURT OF KENTUCKY, March 22, 2007, Rendered
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Overview: Defendant's conviction of second-degree assault was reversed, as defendant's Sixth Amendment right to confrontation was violated when the trial court allowed a police officer to testify concerning the victim's testimonial statements, and the error was not harmless as the officer's testimony was the most detrimental evidence against defendant.
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| Ky. Bar Ass'n v. Troutman, NO. 2007-SC-000150-KB,
SUPREME COURT OF KENTUCKY, March 22, 2007, Entered
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Overview: Because an attorney was convicted of two felonies, he was automatically suspended under Ky. Sup. Ct. R. 3.166(1), despite the fact that the attorney was granted pretrial diversion.
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| Reece v. Nationwide Mut. Ins. Co., 2005-SC-000079-DG,
SUPREME COURT OF KENTUCKY, March 22, 2007, Rendered
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Overview: Trial court erred in directing a verdict on an impairment to earning power claim for lack of specific evidence of such impairment; to obtain an instruction on permanent impairment of earning power, all that was necessary was evidence showing a reasonable probability that an injury was permanent.
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| Stone v. Commonwealth, 2004-SC-000690-MR,
SUPREME COURT OF KENTUCKY, March 22, 2007, Rendered
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Overview: Defendant's right to counsel under Sixth Amendment was violated when the trial court did not find that defendant knowingly and intellgently waived the right prior to defendant's discussion of two plea agreements; defendant rejected two favorable plea offers absent counsel's professional opinion as to the likelihood of a conviction before a jury.
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| Baker v. Coombs, NO. 2005-CA-001993-MR,
COURT OF APPEALS OF KENTUCKY, March 23, 2007, Decided
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Overview: Summary judgment was properly entered in favor of attorney in former wife's claim against him based on his failure to obtain and hold stock securing former husband's debt because agreement at issue did not require the attorney to take affirmative steps to obtain the stock certificates or to notify anyone that he was not in possession of them.
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| Hallum v. Commonwealth, NO. 2006-CA-000387-MR,
COURT OF APPEALS OF KENTUCKY, March 23, 2007, Decided
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Overview: A trial court properly denied a motion to suppress evidence where appellant gave a child protective services investigator and the deputies consent to enter his home, the visit was not criminal in nature but was part of a mandatory investigation under Ky. Rev. Stat Ann. § 620.040(1), and the evidence discovered was in plain view.
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| Smith v. Commonwealth, NO. 2006-CA-000659-DG,
COURT OF APPEALS OF KENTUCKY, March 23, 2007, Rendered
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Overview: Traffic checkpoint was constitutional, because it was established pursuant to systematic plan. Although officer in charge had decision to stop and restart the checkpoint multiple times, he did so because traffic passing through checkpoint had become congested, thus creating a concern for motorist safety. This was consistent with the policy.
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| D.K. v. Commonwealth, NO. 2007-CA-000537-I,
COURT OF APPEALS OF KENTUCKY, March 26, 2007, Rendered , March 26, 2007, Entered
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Overview: Order permitting Cabinet to terminate life sustaining treatment for mother's son was improper because best interests of the son were secondary to the overriding and paramount right of the mother to a due process adjudication of termination, and until those rights were formally adjudicated, the Cabinet was not permitted to terminate treatment.
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