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| Autry v. Western Kentucky University, 2005-SC-0451-DG, 2005-SC-0480-DG,
SUPREME COURT OF KENTUCKY, April 19, 2007, Rendered
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Overview: University was immune in wrongful death suit arising from an assault of a student in a dormitory because the university was state agency, and, pursuant to Ky. Rev. Stat. Ann. § 164.300, running an official residence hall for the benefit of the students was part of the university's definitive function. University's employees were also immune.
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| Commonwealth v. Perry, 2005-SC-000521-CL,
SUPREME COURT OF KENTUCKY, April 19, 2007, Rendered
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Overview: Because the victim gave $ 375 to defendant with the agreement that she would purchase an engine from a third party and install it in the victim's car, and defendant failed to purchase the engine and kept the money, defendant was properly found guilty of theft by failure to make required disposition of property under Ky. Rev. Stat. Ann. § 514.070.
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| Fields v. Commonwealth, 2005-SC-000610-MR,
SUPREME COURT OF KENTUCKY, April 19, 2007, Rendered
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Overview: Merger did not apply and double jeopardy rule was not violated as infliction of physical injury on victim by dangerous instrument was not required to convict defendant of complicity to first degree robbery, Ky. Rev. Stat. Ann. § 515.020, and theft was not required for conviction of complicity to second degree assault, Ky. Rev. Stat. Ann. § 508.020.
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| Holt v. Commonwealth, 2005-SC-000128-MR,
SUPREME COURT OF KENTUCKY, April 19, 2007, Rendered
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Overview: Defendant's conviction was reversed and case remanded because from the tenor of prosecutor's leading questions to a witness, there was no doubt that she put the very words the witness refused to say in his mouth; therefore, statements attributed to defendant were placed before the jury without any witness saying that defendant made the statements.
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| Ky. Bar Ass'n v. Hardin, 2006-SC-000268-KB,
SUPREME COURT OF KENTUCKY, April 19, 2007, Entered
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Overview: Where an attorney was suspended in a sister state for two years for failing to appear and failing to follow discovery orders, imposition of substantially different discipline was warranted under Ky. Sup. Ct. R. 3.435(4)(b) because the attorney's conduct was grounded in poor office procedures and the attorney cooperated in disciplinary proceedings.
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| McKenzie v. Ky. Bar Ass'n, 2005-SC-000943-KB,
SUPREME COURT OF KENTUCKY, April 19, 2007, Entered
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Overview: Attorney whose two-year suspension was partly probated based on certain conditions, including his abstention from the use of drugs, was accused by the Kentucky Bar Association of refusing to take random drug tests and failing such a test. As the attorney did not reply to high court's order to show cause, the full suspension was imposed.
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| Williams v. Commonwealth, 2005-SC-000985-MR,
SUPREME COURT OF KENTUCKY, April 19, 2007, Rendered
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Overview: Despite defendant's claims of passivity and malleability, she did not show that she was so passive that her capacity to act on her own was overcome; therefore, the trial court properly determined that defendant's guilty plea was voluntary, and denied her Ky. R. Crim. P. 8.10 motion to withdraw it.
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| Woodard v. Commonwealth, 2005-SC-000411-MR, 2005-SC-000130-MR,
SUPREME COURT OF KENTUCKY, April 19, 2007, Rendered
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Overview: Defendants were not entitled to directed verdict on complicity charge. Court found that they could participate and also be an audience under Ky. Rev. Stat. Ann. §§ 531.300 and 531.310. In addition to committing sex acts, each defendant also watched sex acts performed by others. Watching was for a prurient purpose, which was essence of pornography.
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| Wyatt v. Commonwealth, 2005-SC-000184-MR,
SUPREME COURT OF KENTUCKY, April 19, 2007, Rendered
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Overview: It was error to deny defendant an instruction on an entrapment defense, under Ky. Rev. Stat. Ann. § 505.010, to criminal solicitation to murder because an officer suggested the means, payment method and quantity, an informant urged defendant to provide a weapon, and Ky. Rev. Stat. Ann. § 505.010(2)(b) did not disqualify defendant from the defense.
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