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| Atkins v. Commonwealth, NO. 2006-CA-000285-MR,
COURT OF APPEALS OF KENTUCKY, August 17, 2007, Rendered
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Overview: Trial court properly ruled that Ky. Rev. Stat. Ann. §§ 218A.500 and 218A.510 were constitutional, because as applied to defendant, the statutes were not overbroad, because the facts surrounding defendant's arrest provided a context to support a citation for possession of drug paraphernalia.
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| Bailey v. Bailey, NO. 2006-CA-000533-MR,
COURT OF APPEALS OF KENTUCKY, August 17, 2007, Rendered
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Overview: A family court erred in denying a former wife's claims for damages and reimbursement of expenses from her former husband's alleged breach of the parties' separation agreement, as it was not unconscionable and should have been enforced as a contract pursuant to Ky. Rev. Stat. Ann. § 403.180(2) and (5), rather than under principles of equity.
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| Clair v. Hillenmeyer, NO. 2006-CA-000922-MR,
COURT OF APPEALS OF KENTUCKY, August 17, 2007, Rendered
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Overview: A trial court's grant of summary judgment to home sellers in their breach of a purchase contract against purchasers who withdrew from the contract was error, as genuine issues of material fact existed regarding whether the condition of a septic system was misrepresented and whether it could have been repaired in a satisfactory manner.
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| Fin. & Admin. Cabinet v. Duplicator Sales & Serv., NO. 2006-CA-001783-MR,
COURT OF APPEALS OF KENTUCKY, August 17, 2007, Rendered
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Overview: As a corporate taxpayer's maintenance contracts of office equipment for its customers, which included the costs of parts and certain supplies, were considered a transfer of "tangible personal property," they constituted retail sales and were subject to sales tax against the customers pursuant to Ky. Rev. Stat. Ann. § 139.120.
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| Johnson v. Commonwealth, NO. 2006-CA-000737-MR,
COURT OF APPEALS OF KENTUCKY, August 17, 2007, Rendered
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Overview: Defendant's conviction of forgery was reversed, because the trial court committed reversible error by excluding the parties' divorce agreement from evidence in the criminal trial, as the exclusion prohibited defendant from making a potential defense based on co-ownership of the account on which defendant allegedly forged checks.
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| McCulloch v. Sullivan, NO. 2006-CA-000482-MR,
COURT OF APPEALS OF KENTUCKY, August 17, 2007, Rendered
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Overview: Trial court did not err in denying a nurse's motion for JNOV or a new trial pursuant to Ky. R. Civ. P. 59.01 following the verdict in a personal injury action, because the evidence was sufficient for the jury to determine that the nurse did not experience pain and suffering as a result of the subject automobile accident.
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| Mitchell v. Commonwealth, NO. 2006-CA-000362-MR,
COURT OF APPEALS OF KENTUCKY, August 17, 2007, Rendered
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Overview: A jury's verdict that convicted defendant of robbery in the first degree, in violation of Ky. Rev. Stat. Ann. § 515.020, was not clearly unreasonable where defendant handed a bank teller a note which indicated that he had a gun and wanted her money, and she believed that he was armed because both hands were not visible at all times.
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| Reynolds v. Travelers Indem. Co. of Am., NO. 2005-CA-002246-MR,
COURT OF APPEALS OF KENTUCKY, August 17, 2007, Rendered
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Overview: A trial court erred in granting summary judgment to an insurer in an action by home owners, seeking coverage for damages, as a theft exclusion was inapplicable where the house was no longer being constructed, a water seepage exclusion was ambiguous and construed in favor of coverage, and mold that was caused by the theft was a covered cost.
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| Richardson v. Commonwealth, NO. 2006-CA-001568-MR,
COURT OF APPEALS OF KENTUCKY, August 17, 2007, Rendered
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Overview: Because the trial court's order revoking a probationer's probation failed to adequately set out the evidence relied on, the specific term or condition violated, or the reasons for revoking said probation, the court violated the probationer's due process rights in entering the same. Thus, the revocation order was reversed.
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| Sanders v. Smith, NO. 2006-CA-000444-MR,
COURT OF APPEALS OF KENTUCKY, August 17, 2007, Rendered
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Overview: Judgment did not erroneously ignore the parents' inherited interest under Ky. Rev. Stat. Ann. § 391.010 because the debts of the estate, such as funeral expenses, had to be satisfied pursuant to Ky. Rev. Stat. Ann. §§ 391.030(1) and 395.515 before any distribution of the real and personal property of the intestate daughter.
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