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| Calfee v. Commonwealth Cabinet for Health & Families, NO. 2006-CA-001446-ME,
COURT OF APPEALS OF KENTUCKY, August 3, 2007, Rendered
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Overview: Order declining to modify accrued child support after putative father was determined not to have been child's parent was error because putative father's conduct did not establish a basis to estop him from asserting that he was not obligated for support, and mother had ample reason to assume putative father was not child's biological father.
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| Commonwealth v. Hasken, NO. 2005-CA-001949-MR AND NO. 2005-CA-001970-MR AND NO. 2005-CA-001971-MR,
COURT OF APPEALS OF KENTUCKY, August 3, 2007, Rendered
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Overview: Secretary of Kentucky Department of Labor misinterpreted 803 Ky. Admin. Regs. 1:060 by ruling that 2,912 hours (average hours firefighters worked per year) was proper divisor for calculating their overtime pay, as CBA established that parties intended to use additional elements of pay as compensation for a 40-hour work week (2,080 hours per year).
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| Denton v. Commonwealth, NO. 2006-CA-000587-MR,
COURT OF APPEALS OF KENTUCKY, August 3, 2007, Rendered
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Overview: Denial of defendant's motion for a new sentencing hearing after defendant's guilty plea to murder was proper because, although a later decision indicated that the plea rested on the faulty premise that defendant was subject to the death penalty, a guilty plea waived all defenses and did not become vulnerable based on later judicial decisions.
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| Kleet v. Kleet, NO. 2006-CA-000035-MR,
COURT OF APPEALS OF KENTUCKY, August 3, 2007, Rendered
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Overview: Because a finding that a husband's gifts of over $ 2 million to family members over several months were made when a dissolution was impending was not clearly erroneous, the court did not err in crediting the husband's award of marital property with $ 2,052,297.00, based on dissipation of property under Ky. Rev. Stat. Ann. § 403.190.
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| Manning v. Wilkinson, NO. 2005-CA-002491-MR,
COURT OF APPEALS OF KENTUCKY, August 3, 2007, Rendered
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Overview: Dismissal of legal malpractice case was proper because considerations for motion to dismiss with prejudice did not necessarily precede dismissal under Ky. R. Civ. P. 77.02. Fact that case may have been complex did not justify complete failure to develop cause of action for 10 years, especially after issuance of three Ky. R. Civ. P. 77.02 notices.
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| Smith v. Trico County Dev. & Pipe Line, NO. 2006-CA-002324-WC,
COURT OF APPEALS OF KENTUCKY, August 3, 2007, Rendered
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Overview: Dismissal of employee's workers' compensation claim on basis of lack of notice under Ky. Rev. Stat. Ann. § 342.185 was error because, inter alia, employee promptly forwarded first notice of injury to employer's insurance carrier, who filed it with workers' claims office 12 days after accident and notified employer 24 days after the injury.
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| Washington v. Commonwealth, NO. 2006-CA-002095-MR,
COURT OF APPEALS OF KENTUCKY, August 3, 2007, Rendered
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Overview: Officers' warrantless entry into defendant's apartment was not improper because officers smelled the odor of burnt marijuana which they believed came from the apartment, they knocked and announced themselves, but the door was not opened, and officers heard noises from inside leading them to reasonable belief that evidence was being destroyed.
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| Watts v. Simpson, NO. 2006-CA-001243-MR,
COURT OF APPEALS OF KENTUCKY, August 3, 2007, Rendered
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Overview: Dismissal of a breach of contract case against assignee was proper because there was no language in assignment contract between assignee and buyer, or later contract between assignee and sellers, which could have been reasonably construed to obligate assignee to buy the property. Assignee had right, but not obligation, to buy the property.
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