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| Gross v. Logan, NO. 2005-CA-001934-MR,
COURT OF APPEALS OF KENTUCKY, June 30, 2006, Rendered
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Overview: Summary judgment granted to former owners and their transferees was vacated and the matter remanded for additional findings because the court could not ascertain whether or not the right of redemption had been properly exercised, pursuant to Ky. Rev. Stat. Ann. § 426.530, by payment of the bidders' purchase price plus interest to the court clerk.
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| Martin v. Commonwealth, NO. 2005-CA-001169-MR,
COURT OF APPEALS OF KENTUCKY, June 30, 2006, Rendered
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Overview: Defendant's motion for writ venire facias de novo was in effect a motion for new trial, but he filed it six years after sentence was imposed, which was well beyond limitations period for new trials in Ky. R. Crim. P. 10.06(1). Motion was also beyond three-year filing period in Ky. R. Crim. P. 11.42, and he should have raised issue on direct appeal.
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| Monin v. Commonwealth, NO. 2005-CA-000011-DG,
COURT OF APPEALS OF KENTUCKY, June 30, 2006, Rendered
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Overview: Decision of the circuit court affirming defendant's conviction was reversed because the vehicle checkpoint where defendant was stopped did not conform to the Kentucky State Police guidelines and the State Police had not put forth a constitutionally permissible purpose for conducting the checkpoint and stopping defendant.
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| Sadler v. Commonwealth, NO. 2005-CA-000604-MR,
COURT OF APPEALS OF KENTUCKY, June 30, 2006, Rendered
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Overview: Appeal of a denial of defendant's motion under Ky. R. Crim. P. 11.42 was dismissed as untimely because the matter was not filed within 30 days after the Rule 11.42 motion was denied pursuant to Ky. R. Crim. P. 12.04(3). Defendant's motions under Ky. R. Civ. P. 59.05 and Ky. R. Civ. P. 52.02 did not suspend the time for filing the notice of appeal.
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| Scott v. AEP Ky. Coals, LLC, NO. 2005-CA-002486-WC,
COURT OF APPEALS OF KENTUCKY, June 30, 2006, Rendered
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Overview: Requirement in Ky. Rev. Stat. Ann. § 342.125(5)(a) that a pneumoconiosis claimant be exposed to additional coal dust in order to reopen was not a due process or equal protection violation because there was a rational basis for requiring additional exposure, but the Worker's Compensation Board had erred by not considering a claim of mistake.
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| Spees v. Ky. Legal Aid, NO. 2005-CA-000510-MR,
COURT OF APPEALS OF KENTUCKY, June 30, 2006, Rendered
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Overview: Wife was not required to pay attorney's fees incurred by an appointed warning order attorney pursuant to Ky. Rev. Stat. Ann. § 435.060 when the wife was found to be indigent and was represented by Kentucky Legal Aid. Legal Aid was not a proper party to the appeal, and the State was not responsible for such payments.
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