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| Lay v. Commonwealth, NO. 2005-CA-000516-MR,
COURT OF APPEALS OF KENTUCKY, June 2, 2006, Rendered
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Overview: Sentencing defendant on both a DUI conviction and a Ky. Rev. Stat. Ann. § 189A.090(1) driving on a suspended license conviction did not violate double jeopardy as each offense required different elements. The fact that defendant was DUI when he committed the § 189A.090 offense was used only to enhance his sentence and was not double jeopardy.
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| Dean v. Bondurant, 2005-SC-000872-D,
SUPREME COURT OF KENTUCKY, June 7, 2006, Entered
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Overview: An attorney's contribution to a judge's campaign was not alone a basis for judicial recusal, but state supreme court justice recused himself; he received numerous contributions from attorneys in firm that was a party, contributions in aggregate were not minimal, and his impartiality could be reasonably questioned under Ky. Sup. Ct. R. 3.130, 4.300.
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| Witten v. Pack, 2005-SC-0414-DG,
SUPREME COURT OF KENTUCKY, June 7, 2006, Decided
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| Blevins v. Lawrence, 2005-SC-0923-D, 2005-SC-0924-D, 2005-SC-0933-D, 2005-SC-0934-D, 2005-SC-0925-D,
SUPREME COURT OF KENTUCKY, June 9, 2006, Entered
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| Union Planters Bank, N.A. v. Hutson, NO. 2004-CA-002160-MR,
COURT OF APPEALS OF KENTUCKY, June 9, 2006, Rendered
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Overview: Judgment for mortgagors was reversed as mortgagors suffered no damages. Ky. Rev. Stat. Ann. § 382.365 did not violate Due Process Clause or Ky. Const. § 2 as mortgagors had duty to act reasonably and in good faith and mortgagors' rights flowed from contract, in which there was implied covenant of good faith and fair dealing.
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| Whalen v. Commonwealth, NO. 2005-CA-000699-MR,
COURT OF APPEALS OF KENTUCKY, June 9, 2006, Rendered
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Overview: Although defendant only pointed a glove at a cashier, because a cashier believed that he had a weapon, defendant was not entitled to an acquittal; because the cashier was subject to recall as a witness, her out-of-court statements to a police officer fell within Ky. R. Evid. 801A(a)(2)'s exception to the hearsay rule.
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| Wilson v. Lawhorn Ford Sales, Inc., NO. 2005-CA-000821-MR,
COURT OF APPEALS OF KENTUCKY, June 9, 2006, Rendered
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Overview: Trial court erred in failing to award filing fee cost under Ky. R. Civ. P. 54.04 to successful buyer in an odometer fraud action, but costs for extra deposition copies and copying expenses were properly denied. Buyer's appeal of award of attorney's fees was dismissed because he failed to include law firm awarded fees as an appellant.
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