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| Knotts v. Zurich Ins. Co., 2004-SC-0400-DG,
SUPREME COURT OF KENTUCKY, May 18, 2006, Rendered
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Overview: In a contractor's bad faith action under Kentucky's Unfair Claims Settlement Practices Act (UCSPA), Ky. Rev. Stat. Ann. § 304.12-230, the trial court erred in granting summary judgment to an insurer on the ground that UCSPA applied only to insurer's conduct before commencement of litigation because § 304.12-230 continued to apply during litigation.
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| Ky. Bar Ass'n v. An Unnamed Atty., 2006-SC-000243-KB,
SUPREME COURT OF KENTUCKY, May 18, 2006, Entered
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Overview: Because an attorney violated Ky. Sup. Ct. R. 3.130-5.5(b) by allowing a suspended attorney to make a presentation and answer questions at the employees meeting, the attorney was privately reprimanded pursuant to Ky. Sup. Ct. R. 3.480(2).
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| Ky. Bar Ass'n v. Pulliam , 2006-SC-000128-KB (KBA FILE NO. 10825),
SUPREME COURT OF KENTUCKY, May 18, 2006, Entered
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Overview: Because an attorney admitted to pleading guilty to possession of marijuana and to attempted possession of a controlled substance, the attorney violated Ky. Sup. Ct. R. 3.130(8.3); consequently, the attorney was suspended for 181 days.
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| Ky. Bar Ass'n v. Watts, 2006-SC-000250-KB (KBA FILE 5959),
SUPREME COURT OF KENTUCKY, May 18, 2006, Enterd
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Overview: Because an attorney failed to list a lawsuit and social security benefits on a client's bankruptcy petition and misrepresented himself as the bankruptcy trustee's counsel, the attorney violated Ky. Sup. Ct. R. 3.130-3.3(a)(1), (20) and 3.130-8.3(a), (c); therefore, the attorney was publicly reprimanded pursuant to Ky. Sup. Ct. R. 3.480(2).
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| Martin v. Commonwealth, 2004-SC-000130-DG,
SUPREME COURT OF KENTUCKY, May 18, 2006, Rendered
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Overview: Palpable error under Ky. R. Crim. P. 10.26 on direct appeal failed even though counsel did not preserve an error, but inmate had could seek postconviction relief under Ky. R. Crim. P. 11.42 for ineffective assistance; palpable error required manifest injustice, but ineffective assistance claim required showing that result would have been different.
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| Moore v. Commonwealth, 2004-SC-0550-DG, 2004-SC-0552-DG,
SUPREME COURT OF KENTUCKY, May 18, 2006, Rendered
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Overview: When appellant's appointed counsel mailed a notice of appeal from a Ky. R. Crim. P. 11.42 motion to the wrong court, it was error to deny appellant a belated appeal. When incompetence of appointed counsel cost an indigent defendant a statutory right of appeal, that defendant should be allowed a belated appeal even in a collateral proceeding.
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| Morrison v. Home Depot, 2005-SC-0719-WC,
SUPREME COURT OF KENTUCKY, May 18, 2006, Rendered
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Overview: In a workers' compensation case, a medical evaluation ordered under Ky. Rev. Stat. Ann. § 342.315 was not admissible because it was performed by physician who was not employed by University of Kentucky or University of Louisville medical school. Physician who was not affiliated with either medical school was not a proper evaluator under § 342.315.
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| Parks v. Commonwealth, 2003-SC-0305-MR,
SUPREME COURT OF KENTUCKY, May 18, 2006, Rendered
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Overview: Trial court should have granted motion for directed verdict on charges of manufacturing methamphetamine, Ky. Rev. Stat. Ann. § 218A.1432, and possession of anhydrous ammonia in unapproved container with intent to manufacture methamphetamine, Ky. Rev. Stat. Ann. §§ 250.489, 250.991; defendant possessed ammonia with intent merely to trade it.
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| Penman v. Commonwealth, 2004-SC-000726-MR,
SUPREME COURT OF KENTUCKY, May 18, 2006, Rendered
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Overview: As to defendant's conviction for drug possession and related offenses, the trial court did not err by refusing to suppress drug analysis/cocaine exhibits based on an alleged failure to establish a proper chain of custody under Ky. R. Evid. 901(a) since the adequacy of the chain was a factual question that the jury decided against defendant.
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| Rainey v. Commonwealth, 2005-SC-000185-DG,
SUPREME COURT OF KENTUCKY, May 18, 2006, Rendered.
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Overview: A gun seized in a car did not have to be suppressed; defendant was validly arrested for DUI when he was 50 feet from car, but distance from car did not determine search's reasonableness under Fourth Amendment. He was car's "recent occupant," which meant in time and/or distance, and search was incident to his arrest although he had no access to car.
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