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| Ky. Bar Ass'n v. Geller, 2006-SC-0075-KB,
SUPREME COURT OF KENTUCKY, April 20, 2006, Entered
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Overview: Attorney received a three-year suspension, to run consecutively to a prior two-year suspension, after he violated Ky. Sup. Ct. R. 3.130-1.3, 3.130-16(d), 3.130-3.2, 3.130-3.4(c), and 3.130-8.1(b), by inter alia, failing to prosecute a client's action, failing to turn his file over to substitute counsel, failing to respond to disciplinary inquiries.
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| Ky. Bar Ass'n v. Nesbitt, 2006-SC-0057-KB,
SUPREME COURT OF KENTUCKY, April 20, 2006, Entered
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Overview: Attorney received a public reprimand and was required to take remedial education courses in the areas of domestic relations, appellate practice and/or legal writing based on finding that he was guilty of violating Ky. Sup. Ct. R. 3.130-1.1, 3.130-1.3, 3.130.1.4(a), (c), 3.130-1.16(d), and 3.130-3.4(c) in his handling of a divorce case.
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| Ky. Bar Ass'n v. Rylee, 2006-SC-000134-KB,
SUPREME COURT OF KENTUCKY, April 20, 2006, Entered
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Overview: Permanent disbarment was the only proper discipline for an attorney charged with solicitation to commit theft and tampering with a witness or obstruction of justice, in violation of Ky. Sup. Ct. R. 3.130-8.3(b) and (c), and eight incidents in which the attorney did not refund unearned fees and/or did not reasonably inform clients about their cases.
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| Ky. Bar Ass'n v. Vescio, 2006-SC-000087-KB,
SUPREME COURT OF KENTUCKY, April 20, 2006, Entered
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Overview: Lawyer was disbarred for misconduct which included, inter alia, misappropriation of bond money posted by a client's mother, lack of diligence in handling legal matters for clients, lack of adequate communication with clients, and failure to refund unearned fees. While the lawyer was served with the charges, he failed to file answers.
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| Ky. Bar Ass'n v. Williams, 2006-SC-0173-KB,
SUPREME COURT OF KENTUCKY, April 20, 2006, Entered
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Overview: Attorney's request for a 181-day suspension after he admitted that he had violated Ky. Sup. Ct. R. 3.130-1.1, 3.130-1.3, 3.130-1.4(a), 3.130-3.4(c), and 3.130-8.3(b) in handling two civil matters for clients, was granted. Mitigating circumstances existed and the suspension was supported by prior case law.
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| McIntire v. Commonwealth, 2003-SC-0444-MR,
SUPREME COURT OF KENTUCKY, April 20, 2006, Rendered
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Overview: Pursuant to Ky. R. Evid. 702, it was error to allow a forensic pediatrics expert to testify that a non-abusing parent would have been aware that his or her child was being abused. There was no demonstrated scientific basis for the testimony, and insufficient evidence to support a finding that the expert was qualified to render this testimony.
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| Powell v. Commonwealth, 2003-SC-0266-DG,
SUPREME COURT OF KENTUCKY, April 20, 2006, Rendered
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Overview: Reckless homicide conviction was upheld as evidence was sufficient for jury to believe methamphetamine defendant injected into victim caused death; in addition to proving toxic qualities of drug, Commonwealth introduced evidence that both methamphetamine and water used to dissolve it into liquid form suitable for injection belonged to defendant.
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| Schrimsher v. Commonwealth, 2004-SC-0544-MR,
SUPREME COURT OF KENTUCKY, April 20, 2006, Rendered
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Overview: Indictment was sufficient where it apprised defendant of specific offense with which defendant was charged, nature of charged crime, and was not misleading, thereby enabling defendant to set forth a defense Where Commonwealth proved multiple acts of assault and multiple injures, evidence was sufficient to prove defendant's conduct caused injuries.
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| T & M Jewelry, Inc. v. Hicks, 2003-SC-000665-DG, 2004-SC-000797-DG,
SUPREME COURT OF KENTUCKY, April 20, 2006, Rendered
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Overview: No civil remedy existed for violation of Gun Control Act, 18 U.S.C.S. § 922(b)(1), and Ky. Rev. Stat. Ann. § 446.070 was limited to state statutes, so summary judgment was proper on negligence per se; whether store's sale of gun to person under 21 breached duty of care premised on the act was fact question precluding summary judgment on negligence.
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