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| Davidson v. Castner-Knott Dry Goods Co., NO. 2005-CA-000259-MR,
COURT OF APPEALS OF KENTUCKY, April 28, 2006, Rendered
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Overview: Since there was a final judgment for purposes of malicious prosecution, as once a case was dismissed without prejudice, the proceedings in which it occurred were final and concluded as a matter of law, summary judgment in favor of the company, which had filed the criminal complaint, was inappropriate.
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| Hickman v. Commonwealth, NO. 2005-CA-000640-MR,
COURT OF APPEALS OF KENTUCKY, April 28, 2006, Rendered
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Overview: Given the ameliorative purpose of the juvenile code and the rehabilitative aim of the youthful offender provisions of the juvenile code, legislative intent to treat youthful offenders under Ky. Rev. Stat. Ann. § 640.030 differently from adult offenders was apparent and could not be swept aside in favor of harsher law applying to adult offenders.
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| Oliver v. Commonwealth, NO. 2004-CA-001219-MR,
COURT OF APPEALS OF KENTUCKY, April 28, 2006, Rendered
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Overview: Where defendant requested lesser included offense instructions that would have caused crimes to be misdemeanors rather than felonies, limitations period under Ky. Rev. Stat. Ann. § 500.050(2) did not bar instruction. Defendant being tried for felony was entitled to lesser included misdemeanor instruction even if lesser offense was time barred.
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| Johnson Controls, Inc. v. Rudolph, NO. 2004-CA-001566-MR,
COURT OF APPEALS OF KENTUCKY, May 5, 2006, Rendered
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Overview: Court's grant of summary judgment against taxpayers' challenge to the retroactivity subsections of Ky. Rev. Stat. Ann. § 141.200 was reversed, and the matter was remanded for further proceedings because, while the subsections were not special legislation under Ky. Const. § 59, the retroactivity period was so excessive as to violate due process.
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| V.S. v. Commonwealth, NO. 2005-CA-001338-ME,
COURT OF APPEALS OF KENTUCKY, May 5, 2006, Rendered
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Overview: Orders terminating mother's parental rights to three children were vacated, even though the mother failed to appear at the termination hearing. The evidence presented buy the Kentucky Cabinet for Family Services was insufficient to support the family court's findings of medical and educational neglect of the children.
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| Whisman v. Commonwealth, NO. 2003-CA-002051-MR,
COURT OF APPEALS OF KENTUCKY, May 5, 2006, Rendered
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Overview: As the administrative search exception to a warrant requirement was applicable and Ky. Rev. Stat. Ann. § 218A.202 served the substantial state interest of monitoring the distribution of controlled substances and provided adequate notice and protection regarding disclosures of private data to the general public, the statute was not unconstitutional.
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| In re Siders, 2006-SC-0244-OA,
SUPREME COURT OF KENTUCKY, May 9, 2006, Entered
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Overview: Because an attorney received orders for deployment to Afghanistan before he could take the Kentucky Bar examination, the three-year window in Ky. Sup. Ct. R. 2.080(4) was waived allowing him to transfer his Multistate Bar Exam scores from his 2002 examination to his July 2006 Kentucky Bar Examination.
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