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| Cabinet for Health and Family Servs. v. A.G.G., 2005-SC-0631-DGE,
SUPREME COURT OF KENTUCKY, April 20, 2006, Rendered
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Overview: In parental rights termination case, court properly admitted testimony by family therapist and pediatrician about child's account of his sexual abuse, as it was admissible under Ky. R. Evid 803(4) as statement made for purposes of medical treatment or diagnosis and Crawford v. Washington's restriction on use of hearsay did not apply to civil case.
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| Combs v. Commonwealth, 2002-SC-0780-MR AND 2004-SC-1005-MR,
SUPREME COURT OF KENTUCKY, April 20, 2006, Rendered
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Overview: Unlawful transaction with a minor (UTM) conviction under Ky. Rev. Stat. Ann. § 530.064 was vacated as no evidence existed of consent or participation in sexual activity; Ky. Rev. Stat. Ann. § 505.040(1)(a) allowed reprosecution for sexual abuse under Ky. Rev. Stat. Ann. § 510.110(1)(b)(2), (2), which was charged as lesser included offense of UTM.
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| Commonwealth v. Buford, 2004-SC-000177-DG,
SUPREME COURT OF KENTUCKY, April 20, 2006, Rendered
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Overview: When defendant, a youth minister, was accused of molesting two teenage girls who were attending youth group functions, allegations that defendant had previously molested his eight-year-old niece while on a family camping trip should not have been admitted under Ky. R. Evid. 404(b). The incidents were not so similar as to be a "signature crime."
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| Commonwealth v. Rodefer, 2004-SC-0635-DG,
SUPREME COURT OF KENTUCKY, April 20, 2006, Rendered
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Overview: Although a jury instruction on trafficking in a controlled substance in the first degree was improper, defendant's own testimony would have supported a conviction under the "transfer" alternative of Ky. Rev. Stat. Ann. § 218A.010(34); defendant testified that he committed the offense, and the faulty instruction did not result in manifest injustice.
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| Commonwealth v. Walther, 2005-SC-0001-CL,
SUPREME COURT OF KENTUCKY, April 20, 2006, Rendered
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Overview: Notations a technician made in documents reflecting his maintenance and the results of his tests on a breath-alcohol machine were not testimonial for purposes of the Sixth Amendment's Confrontation Clause and the holding in Crawford v. Washington. The technician did not make the notations for the purpose of proving defendant's guilt.
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| Edmonds v. Commonwealth, 2004-SC-1003-MR,
SUPREME COURT OF KENTUCKY, April 20, 2006, Rendered
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Overview: With regard to defendant's convictions upon a guilty plea on two counts of rape, sodomy, and other crimes, the trial court did not err by denying defendant's motion to sever and have separate trials under Ky. R. Crim. P. 9.16 since the offenses were so similar, evidence would have been admissible in each if two trials were held.
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| Foster v. Ky. Farm Bureau Mut. Ins. Co., 2004-SC-0461-DG,
SUPREME COURT OF KENTUCKY, April 20, 2006, Rendered
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Overview: An individual who was unemployed at the time of an automobile accident was allowed to collect work loss benefits from a job that she was later offered, but was unable to fulfill, because of a physician's advice, and such conduct was covered by the Kentucky Motor Vehicle Reparation Act, Ky. Rev. Stat. Ann. § 304.39-010 et seq.
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| Futrell v. Ky. Bar Ass'n, 2002-SC-000745-KB,
SUPREME COURT OF KENTUCKY, April 20, 2006, Entered
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Overview: A disbarred attorney seeking reinstatement did not show by clear and convincing evidence his suitability for reinstatement, under Ky. Sup. Ct. R. 3.330, because his lack of candor, inconsistencies and omissions in his sworn statements, and an unwillingness to concede he engaged in wrongdoing or to show remorse pointed to a lack of rehabilitation.
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| Hutchins v. GE, 2005-SC-0627-WC,
SUPREME COURT OF KENTUCKY, April 20, 2006, Rendered
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Overview: Since a worker's motion to name the Workers' Compensation Board as an appellee was filed only slightly more than a week after the time for taking an appeal expired, and the function of Ky. R. Civ. P. 76.25(4)(a) was to require only that the Board be served with a copy of the petition, dismissal was an unwarranted sanction.
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| Kindred Hosps. Ltd. P'ship v. Lutrell , 2006-SC-000093-I,
SUPREME COURT OF KENTUCKY, April 20, 2006, Rendered
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Overview: Movant's use of motion for interlocutory relief under Ky. R. Civ. P. 65.07(1) as means of appealing trial court's denial of its motion to compel arbitration complied with Ky. Rev. Stat. Ann. § 417.220, despite court of appeals' contrary ruling, but high court denied its appeal under Ky. R. Civ. P. 65.09 as it failed to show "extraordinary cause."
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