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| B.F. v. T.D., 2005-SC-000557-DG,
SUPREME COURT OF KENTUCKY, June 15, 2006, Rendered
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Overview: Because a co-habitant failed to meet the statutory requirements of former Ky. Rev. Stat. Ann. § 403.420, and Ky. Rev. Stat. Ann. § 403.270 to be deemed a de facto custodian, and because the child was in the custody of her adoptive mother, the co-habitant lacked standing to claim custody.
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| Bailey v. Commonwealth, 2003-SC-0935-DG,
SUPREME COURT OF KENTUCKY, June 15, 2006, Rendered
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Overview: Defendant's confession was properly suppressed because his interrogation for alleged sexual abuse of a minor was psychologically coercive in light of his moderate mental retardation. Substantial evidence, including his complete inability to understand his Miranda warnings, showed that he confessed only to satisfy the officers as authority figures.
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| Baker v. Fletcher, 2005-SC-000208-TG,
SUPREME COURT OF KENTUCKY, June 15, 2006, Rendered
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Overview: Trial court did not err in finding General Assembly had power to retroactively suspend Ky. Rev. Stat. Ann. § 18A.355, granting annual salary increase to state employees of not less than five percent; General Assembly clearly manifested its intent to do so, which met Ky. Rev. Stat. Ann. § 446.080(3) requirement permitting retroactive construction.
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| Baraka v. Commonwealth, 2004-SC-0256-DG,
SUPREME COURT OF KENTUCKY, June 15, 2006, Rendered
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Overview: Because "homicide by heart attack" was widely accepted in the scientific community, and because an expert could rely upon the circumstances of a victim's death provided by police officers, pursuant to Ky. R. Evid. 703(a), the expert's opinion was helpful in determining whether stress from a physical altercation caused the victim's heart attack.
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| Bowling v. Commonwealth, 2005-SC-0712-MR,
SUPREME COURT OF KENTUCKY, June 15, 2006, Rendered
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Overview: State supreme court rejected an inmate's argument that Roper v. Simmons and the Eight Amendment barred his execution because he had the "mental age" of an 11-year-old boy, since Roper prohibited the execution of only those offenders whose chronological age was below 18 at the time of the commission of the offense.
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| City of Louisville v. State Farm Mut. Auto. Ins. Co., 2004-SC-0048-DG,
SUPREME COURT OF KENTUCKY, June 15, 2006, Rendered
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Overview: Because a city opted not to provide basic reparation benefits coverage for its vehicles, neither the city, its employee, nor the vehicle were "secured" under Ky. Rev. Stat. Ann. §§ 304.39-020, 304.39-060, 304.39-080; therefore, the city and its employee were subject to being sued by a subrogated insurer under Ky. Rev. Stat. Ann. § 304.39-070(2).
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| Commonwealth v. Fields, 2004-SC-0417-DG,
SUPREME COURT OF KENTUCKY, June 15, 2006, Rendered
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Overview: Motion to suppress evidence seized when a search of defendant's person was made incident to an arrest for criminal trespass was properly denied because the officer had a reasonable suspicion that defendant was committing the trespass when he was on city property without explanation. The arrest was valid under Ky. Rev. Stat. Ann. § 431.005.
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| Commonwealth v. Green, 2004-SC-000534-DG,
SUPREME COURT OF KENTUCKY, June 15, 2006, Rendered
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Overview: First offense DUI was a petty offense for which Ky. R. Crim. P. 9.26(1) did not require a jury trial, but a bench trial should not have been granted in defendant's first-offense DUI prosecution because it had originally been scheduled for jury trial, which triggered the requirement in Rule 9.26(1) for the consent of the Commonwealth of Kentucky.
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| Commonwealth v. Lucas, 2004-SC-0075-DG,
SUPREME COURT OF KENTUCKY, June 15, 2006, Rendered
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Overview: Defendant's statements did not have to be suppressed; he was not in custody during two interviews, and Miranda warnings were not required. Any reasonable person would have felt free to leave; that an officer had an arrest warrant for first assault charge and planned to arrest him at end of second interview did not mean that he was in custody then.
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| Denzik v. Denzik, 2004-SC-1131-DG,
SUPREME COURT OF KENTUCKY, June 15, 2006, Rendered
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Overview: A jury verdict for a former husband had to be reinstated; ample evidence showed that his former wife knew that he was not her child's biological father and that she deliberately concealed the fact from him. Such evidence was sufficient to support verdict awarding husband damages for fraudulent misrepresentation, based on his child support payments.
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