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| Bumphis v. Commonwealth, NO. 2006-CA-000693-MR,
COURT OF APPEALS OF KENTUCKY, May 11, 2007, Rendered
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Overview: Conviction of robbery, Ky. Rev. Stat. Ann. § 515.030(1), was supported by sufficient evidence because defendant's physical confrontation with victim while defendant was trying to escape after victim discovered defendant in act of stealing occurred in course of committing a theft, regardless of whether confrontation was instigated by the victim.
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| Miller v. Cundiff, NO. 2005-CA-002536-MR,
COURT OF APPEALS OF KENTUCKY, May 11, 2007, Rendered
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Overview: Summary judgment for landlords in tenant's personal injury claim arising from landlords' failure to repair carpet was proper because Uniform Residential Landlord Tenant Act, Ky. Rev. Stat. Ann. § 383.500 et seq., did not alter common-law rule that lessor's liability for breach of agreement to repair leased premises was limited to cost of repair.
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| Richardson v. Head, NO. 2006-CA-001217-MR,
COURT OF APPEALS OF KENTUCKY, May 11, 2007, Rendered
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Overview: Co-executor's Ky. R. Civ. P. 60.02 motion for relief from judgment was properly denied in case challenging decedent's signature on will codicil because co-executor could not have claimed with any credibility that new evidence was unknown before trial, or that she exercised due diligence. Also, evidence did not contradict therapist's testimony.
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| Ritchie v. Commonwealth, NO. 2006-CA-000860-MR,
COURT OF APPEALS OF KENTUCKY, May 11, 2007, Rendered
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Overview: Denial of motion to suppress was proper because affidavit supporting warrant included time frame for anonymous tip that defendant was selling drugs, and, successful "trash pull" at defendant's home alone was sufficient to establish probable cause. Anonymous tip was corroborated by the drug related evidence found during the "trash pull."
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| Wallace v. Wallace, NO. 2006-CA-001430-ME,
COURT OF APPEALS OF KENTUCKY, May 11, 2007, Rendered
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Overview: Denial of a father's motion to modify visitation for lack of jurisdiction was improper because, under Ky. Rev. Stat. Ann. § 403.824, Kentucky had exclusive, continuing jurisdiction, despite the fact that one child lived in Kentucky and two lived in Tennessee. Among other things, both prior custody orders were entered by Kentucky courts.
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| Talbott v. Ky. Bar Ass'n, 2006-SC-000902-KB,
SUPREME COURT OF KENTUCKY, May 17, 2007, Entered
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Overview: Because a suspended attorney met all the requirements for restoration of membership in Ky. Sup. Ct. R. 3.500(1), and because the Kentucky Bar Association's Board of Governors unanimously recommended approval of the application, the attorney was restored to membership in the Association and to the practice of law in the Commonwealth of Kentucky.
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| Hack v. Baker, NO. 2006-CA-001100-MR,
COURT OF APPEALS OF KENTUCKY, May 18, 2007, Rendered
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Overview: Since an injured person, who tripped over an exposed cable, claimed that he had the implied permission of the homeowners to be briefly on their property and the homeowners had never voiced their objection to the neighbors crossing onto their property, the injured person established facts which created a genuine issue as to his status as a licensee.
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| MPM Fin. Group, Inc. v. Morton, NO. 2005-CA-002539-MR,
COURT OF APPEALS OF KENTUCKY, May 18, 2007, Rendered
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Overview: Trial court properly held that federal bankruptcy exemptions incorporated into Ky. Rev. Stat. Ann. § 427.170 applied to non-bankruptcy debtors, as the statute unambiguously stated that the bankruptcy exemptions applied to all individual debtors in the Commonwealth of Kentucky, including bankruptcy debtors and non-bankruptcy debtors.
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| T.G. v. Commonwealth, NO. 2006-CA-001008-ME,
COURT OF APPEALS OF KENTUCKY, May 18, 2007, Rendered
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Overview: Because there was no substantial evidence to support a finding under either Ky. Rev. Stat. Ann. § 625.090(1)(a)1. or (a)2., and there was no allegation of criminal charges under § 625.090(1)(a)3., the family court erred in finding that a child was abused or neglected and it abused its discretion in terminating a mother's parental rights.
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