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   State Courts - Kentucky - June 16 - June 29, 2006

  
Bray v. Commonwealth, NO. 2005-CA-001037-MR, COURT OF APPEALS OF KENTUCKY, June 16, 2006, Rendered
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Overview: The trial court did not err in requiring appellant's sex offender registration information to be published on the Internet pursuant to Ky. Rev. Stat. Ann. § 17.580. Retroactive application of the registration requirements did not violate appellant's state and federal protections against ex post facto legislation.

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Florman v. MEBCO Ltd. P'ship, NO. 2004-CA-001908-MR, NO. 2004-CA-002072-MR, NO. 2004-CA-002074-MR, COURT OF APPEALS OF KENTUCKY, June 16, 2006, Rendered
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Overview: A trial court erred in ruling that mineral rights owners had rights to the limestone and clay on or underlying the surface owner's land, because under Kentucky law, clay and limestone, regardless of their value, were not minerals for purposes of a mineral deed.

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Andrew v. Begley, NO. 2005-CA-000273-MR, COURT OF APPEALS OF KENTUCKY, June 23, 2006, Rendered
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Overview: Summary judgment for a doctor and others was proper; patient's claims of negligence, assault and battery, and outrageous conduct were actually claims of medical malpractice, an expert witness was necessary to show a causal link between defendants' acts and her injuries, no such expert was produced, and her claims of pain were insufficient evidence.

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Beckham v. Commonwealth, NO. 2004-CA-002328-MR, COURT OF APPEALS OF KENTUCKY, June 23, 2006, Rendered
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Overview: It was not error for the lower court to deny admission of testimony from defendant's girlfriend, a co-defendant charged for the same misconduct, because the girlfriend had a continued right against self-incrimination under the Fifth Amendment when she had entered a plea of guilty but had not been sentenced.

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General Steel Corp. v. Collins, NO. 2005-CA-001647-MR, COURT OF APPEALS OF KENTUCKY, June 23, 2006, Rendered
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Overview: Decision of the lower court denying corporation's motion to arbitrate the breach of contract action was affirmed because a representative of the restaurant had obliterated the arbitration clause from the agreed-upon conditions. Pursuant to Ky. Rev. Stat. Ann. § 355.2-201, the effect of the obliteration was to eliminate it from the agreement.

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McCombs v. Commonwealth, NO. 2004-CA-001850-MR, COURT OF APPEALS OF KENTUCKY, June 23, 2006, Rendered
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Overview: Convictions for fourth-degree assault under Ky. Rev. Stat. § 508.030 and first-degree burglary under Ky. Rev. Stat. § 511.020 were reversed; jury did not specify, but if same physical injury was applied to each crime, convictions on both violated double jeopardy. Court erred in deciding as matter of law that crowbar was deadly weapon; it was not.

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McCombs v. Commonwealth, NO. 2004-CA-001850-MR, COURT OF APPEALS OF KENTUCKY, June 23, 2006, Rendered
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Overview: A jury had to decide if a crowbar was a deadly weapon and whether it was a dangerous instrument. Where the same injury proved physical injury under Ky. Rev. Stat. Ann. §§ 511.020(1)(b) and 508.030(1)(a), they had identical culpable mental states and no element of fourth-degree assault differed from first-degree burglary, violating double jeopardy.

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Springer v. Bullitt County Bd. of Educ., NO. 2005-CA-001905-MR, COURT OF APPEALS OF KENTUCKY, June 23, 2006, Rendered
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Overview: Lower court's decision to grant summary judgment to a school board and a school superintendent was affirmed because the board did not owe the former employee retroactive pay at a certified teacher salary pursuant to Ky. Rev. Stat. Ann. § 161.020. School principal did not have authority to bind the Board, pursuant to Ky. Rev. Stat. Ann. § 160.380.

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Dickerson v. Ky. Bar Ass'n, 2006-SC-335-KB, SUPREME COURT OF KENTUCKY, June 29, 2006, Entered
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