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| AK Steel Corp. v. Adkins, NO. 2007-CA-000046-WC,
COURT OF APPEALS OF KENTUCKY, June 22, 2007, Rendered
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Overview: Workers' Compensation Board properly affirmed a finding that a coal handler's rotator cuff injury was work-related, because an ALJ properly applied a rebuttable presumption that the injury arising from an unexplained fall was compensable, and substantial evidence supported the decision.
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| Baker v. Commonwealth, NO. 2006-CA-000148-MR,
COURT OF APPEALS OF KENTUCKY, June 22, 2007, Rendered
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Overview: Because the trial court did not hold a formal hearing, did not enter findings to support its decision to vacate defendant's public defender appointment, and made no inquiries as to the amount of defendant's income, nor did it consider any of the other factors listed in Ky. Rev. Stat. Ann. § 31.120(2), defendant was entitled to a new trial.
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| Boggs v. Griffith, NO. 2006-CA-001813-MR,
COURT OF APPEALS OF KENTUCKY, June 22, 2007, Rendered
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Overview: Trial court properly ruled that a conveyance created a nonexclusive easement over appellants' property, as the language of a deed was ambiguous as to whether an easement or a grant of a fee simple interest was intended, and therefore the trial court properly admitted testimony of the grantor that he intended to convey an easement.
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| Carpenter v. Commonwealth, NO. 2006-CA-001012-MR,
COURT OF APPEALS OF KENTUCKY, June 22, 2007, Rendered
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Overview: Because the Ky. Rev. Stat. Ann. § 17.500 et seq. registration requirement constituted a purely collateral consequence which implicated neither the constitutionality of defendant's plea nor his counsel's effectiveness, defendant could not withdraw his plea based on the court's failure to inform him that he would have to register as a sex offender.
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| Commonwealth v. Wood, NO. 2006-CA-000854-MR,
COURT OF APPEALS OF KENTUCKY, June 22, 2007, Rendered
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Overview: Grant of relief to inmate under Ky. R. Crim. P. 11.42 was affirmed as trial court properly considered testimony from juror in inmate's rape prosecution that established juror misconduct in that jurors used dictionary during deliberations to look up definition of "rape." Inmate was prejudiced as definition was not the same as in rape statutes.
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| Lawson v. Lawson, NO. 2004-CA-001077-MR,
COURT OF APPEALS OF KENTUCKY, June 22, 2007, Rendered
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Overview: In a divorce action, the trial court erred in awarding maintenance to the wife, because the trial court failed to consider the ability of the husband to meet his own needs while paying the required maintenance, as required by Ky. Rev. Stat. Ann. § 403.200(2)(f).
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| Nationwide Mut. Fire Ins. Co. v. Pelgen, NO. 2006-CA-000749-MR,
COURT OF APPEALS OF KENTUCKY, June 22, 2007, Rendered
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Overview: Because it was unsound to hold that the insured acted unintentionally when he deliberately pointed a gun at his wife's face, pulled the trigger, and then took the same gun and shot himself, the trial court erred in failing to apply the inferred intent rule as to the homeowners' policy exclusion for intentional acts.
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| Wathal v. Harrod, NO. 2006-CA-001378-MR,
COURT OF APPEALS OF KENTUCKY, June 22, 2007, Rendered
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Overview: Prisoner's petition for a declaration that DOC erroneously designated him as a violent offender was properly denied because he automatically became a violent offender under the plain meaning of Ky. Rev. Stat. Ann. § 439.3401(1)(l), which controlled over 501 Ky. Admin. Regs. 1:030(3)(1)(b), when he pled guilty to first degree robbery.
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