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| Am. Physicians Assur. Corp. v. Schmidt, 2004-SC-0171-DG,
SUPREME COURT OF KENTUCKY, March 23, 2006, Rendered
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Overview: Since there was ample evidence to support the finding that the psychiatrist did not consent to a compromise settlement prior to the return of the excess liability verdict, the lower appellate court erred in usurping the fact-finding authority of the jury which returned a verdict in favor of the insurer as to the bad faith claim.
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| An Unnamed Atty. v. Ky. Bar Ass'n, 2006-SC-000099-KB,
SUPREME COURT OF KENTUCKY, March 23, 2006, Entered
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Overview: The attorney was privately reprimanded where, in agreeing to investigate a homicide for the husband and the wife in which both were suspects, the attorney, in violation of Ky. Sup. Ct. R. 3.130-1.7(b), failed to explain that there would be no confidentiality as between the two clients and the lawyer and where a conflict between the clients arose.
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| Baker v. Kammerer, 2004-SC-000085-DG,
SUPREME COURT OF KENTUCKY, March 23, 2006, Rendered
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Overview: Court erred by not allowing personal injury plaintiff to cross-examine investigator for defendant's insurer as to potential bias due to her employment. Ky. R. Evid. 403 required court to balance probative value against undue prejudice in determining whether to admit evidence of liability insurance under "other purposes" clause of Ky. R. Evid. 411.
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| Gainsco Cos. v. Gentry, 2004-SC-0276-DG,
SUPREME COURT OF KENTUCKY, March 23, 2006, Rendered
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Overview: Auto seller was the owner of the vehicle involved in the accident even though possession had been turned over to another party; that other party had not received ownership of the vehicle even though he had possession of it because the auto seller had not fully complied with Ky. Rev. Stat. Ann. § 186A-220(5) in transferring ownership .
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| Jackson v. Commonwealth, 2004-SC-0118-MR, 2004-SC-0319-MR,
SUPREME COURT OF KENTUCKY, March 23, 2006, Rendered
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Overview: Court erred in denying defendants' Ky. R. Crim. P. 9.16 motions for separate trials, as fact that their incriminating statements had "particularized guarantees of trustworthiness" was no longer an exception to Bruton rule. As no trial was held, harmless error doctrine was inapplicable, and defendants were entitled to withdraw their guilty pleas.
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| Ky. Bar Ass'n v. Griffith, 2005-SC-000971-KB,
SUPREME COURT OF KENTUCKY, March 23, 2006, Entered
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Overview: As the statute of limitations ran on a client's personal injury claim due to his attorney's inaction, and she failed to respond to charges brought by the Kentucky Bar Association, her conduct violated Ky. Sup. Ct. R. 3.130-1.1, 3.130-1.3, 3.130-1.4(a), and 3.130-8.1(b), and led to a one-year suspension from the practice of law.
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| Matheney v. Commonwealth, 2002-SC-0920-MR,
SUPREME COURT OF KENTUCKY, March 23, 2006, Rendered
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Overview: Since Kotila was wrongfully decided and Ky. Rev. Stat. Ann. § 218A.1432(1)(b) was not unconstitutionally vague, defendant's conviction for manufacturing methamphetamine was affirmed where 396 cold and allergy pills containing ephedrine or pseudoephedrine, a gallon of Liquid Fire, and three cans of Pyro were found in defendant's truck.
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| Neighbors v. River City Interiors, 2005-SC-0681-WC,
SUPREME COURT OF KENTUCKY, March 23, 2006, Rendered
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Overview: As ALJ reasonably found workers' compensation claimant's physical condition did not prevent him from engaging in retraining program, that retraining was practical, and would likely return him to employment, pursuant to Ky. Rev. Stat. Ann. § 342.710, ALJ properly referred him again to receive the services that had been recommended.
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| Ragland v. Commonwealth, 2002-SC-0388-MR, 2003-SC-0084-TG,
SUPREME COURT OF KENTUCKY, March 23, 2006, Rendered
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Overview: The admission of the comparative bullet lead analysis (CBLA) test results and the experts opinions about those results required reversal for a new trial. The FBI discontinued CBLA testing because CBLA evidence was unreliable. Thus, a finding by the trial court that the evidence was scientifically reliable was clearly erroneous.
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| Stevens v. Ky. Bar Ass'n, 2006-SC-000094-KB,
SUPREME COURT OF KENTUCKY, March 23, 2006, Entered
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Overview: Although an attorney had a conflict of interest in violation of Ky. Sup. Ct. R. 3.130-1.7(b) by having sexual contact with a criminal defendant while an assistant Commonwealth attorney, because the attorney was not the prosecuting attorney, his behavior did not prejudice the Commonwealth or any party; the attorney was publicly reprimanded.
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