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| B.B. v. Commonwealth, 2005-SC-000814-DG,
SUPREME COURT OF KENTUCKY, June 21, 2007, Rendered
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Overview: Appellant's conviction of first-degree sodomy, based on the testimony and hearsay statements of a very young child, was reversed because the child witness lacked testimonial competence under Ky. R. Evid. 601(b)(2), (4), and the hearsay statements attributed to the child were unreliable and therefore inadmissible under Ky. R. Evid. 803(4).
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| Bituminous Cas. Corp. v. Kenway Contr., Inc., NO. 2005-SC-000013-DG,
SUPREME COURT OF KENTUCKY, June 21, 2007, Rendered
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Overview: Though insured's employee, who was supposed to only demolish owners' carport, intentionally demolished their house, as this was due to miscommunication and was neither expected or intended by the insured, the damage to the house was an "accident" for purposes of the insured's commercial general liability policy and thus was covered by that policy.
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| Brown v. Commonwealth, 2005-SC-000078-DG,
SUPREME COURT OF KENTUCKY, June 21, 2007, Rendered
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Overview: Although under Ky. Sup. Ct. R. 3.130-1.6, 3.3, defense counsel properly revealed to a trial court that defendant was going to commit perjury by falsely testifying during his criminal trial, defendant's right to counsel was violated when the counsel left the courtroom during defendant's testimony, cross-examination, and closing argument.
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| Commonwealth v. Bussell, 2006-SC-000001-MR,
SUPREME COURT OF KENTUCKY, June 21, 2007, Rendered
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Overview: In Ky. R. Crim. P. 11.42 proceeding, court found that prosecution's scientific evidence in murder trial could have been controverted, but that defense counsel failed to consult any independent experts, a decision that could not be described as tactical. Therefore, it properly held that defense counsel's ineffectiveness entitled inmate to new trial.
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| Cummings v. Commonwealth, 2005-SC-000479-MR,
SUPREME COURT OF KENTUCKY, June 21, 2007, Rendered
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Overview: Ky. Rev. Stat. Ann. § 533.060(2), which barred concurrent sentences if the offender committed a felony while on probation for the commission of another felony, did not preclude application of Ky. Rev. Stat. Ann. § 532.110(1)(c)'s 70-year sentencing cap on defendant's consecutive sentences, as his juvenile adjudication was not deemed a "felony."
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| Dunn v. Felty, 2005-SC-000295-DG,
SUPREME COURT OF KENTUCKY, June 21, 2007, Rendered
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Overview: Ky. Rev. Stat. Ann. § 413.140(1)(a)'s one-year statute of limitations begin to run on an arrestee's claim for false imprisonment when he was released from his alleged illegal restraint, not when the proceedings by which his arrest occurred terminated. As he filed suit over a year after his release from custody, the claim was time-barred.
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| Ky. Bar Ass'n v. Griffiths, 2007-SC-000097-KB,
SUPREME COURT OF KENTUCKY, June 21, 2007, Entered
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Overview: Because an attorney accepted $ 500 from a client, but never responded to the client's subsequent efforts to contact him, the attorney violated Ky. Sup. Ct. R. 3.130-1.3, 3.130-1.4, and 3.310-1.16(d); thus, the attorney was suspended for 181 days, and was ordered to pay restitution to the client and for the costs of the disciplinary proceedings.
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| Ky. Bar Ass'n v. Nesbitt, 2006-SC-000057-KB,
SUPREME COURT OF KENTUCKY, June 21, 2007, Entered
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Overview: Because an attorney's motion for a one-year extension of time to complete his remedial education was made in good faith, and because the Bar Association had no objection to the extension of time, the state supreme court utilized its discretion to grant the motion.
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| Sawyer v. Ky. Bar Ass'n, 2007-SC-000297-KB,
SUPREME COURT OF KENTUCKY, June 21, 2007, Entered
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Overview: Because an attorney pleaded guilty to first-degree possession of cocaine, possession of a prescription not in the original container, and possession of drug paraphernalia, he violated Ky. Sup. Ct. R. 3.130-8.3(b); therefore, pursuant to the attorney's request, he was suspended for three years, retroactive to the date of his temporary suspension.
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| Smith v. Carbide & Chems. Corp., 2005-SC-000686-CL,
SUPREME COURT OF KENTUCKY, June 21, 2007, Rendered
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Overview: In property owners' suit over soil and groundwater contamination, state's high court answered federal court's certified questions by stating that non-privileged, intentional trespass was actionable, and that owners could recover actual damages if they proved the intrusion was an unreasonable interference with their possessory use of their property.
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