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| Commonwealth v. Paisley, 2006-SC-0328-OA,
SUPREME COURT OF KENTUCKY, September 21, 2006, Entered
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Overview: Petition for a writ of prohibition by the Commonwealth of Kentucky was granted as a trial judge abused his discretion by ordering the Kentucky Finance and Administration Cabinet to pay for a private expert of defendant's choosing without the requisite showing under Ky. Rev. Stat. Ann. § 31.185 that use of a state facility was somehow impractical.
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| Crouch v. Crouch, 2005-SC-0761-DGE,
SUPREME COURT OF KENTUCKY, September 21, 2006, Rendered
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Overview: As an agreed order to transfer custody to father was meant to be temporary and not a modification of the permanent custody order, trial court lacked jurisdiction to modify the permanent order and grant father physical custody, as he did not file a motion to modify, along with a supporting affidavit, as required by Ky. Rev. Stat. Ann. § 403.350.
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| Davis v. City of Winchester, 2004-SC-0820-DG,
SUPREME COURT OF KENTUCKY, September 21, 2006, Rendered
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Overview: Since a trial court erroneously allowed the government representatives to unilaterally stipulate away from the jury's consideration an entire element of an arrestee's case, as it prohibited him from introducing evidence to prove the termination of prosecution element of his claim for malicious prosecution, the matter was remanded for a new trial.
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| Fitzpatrick v. Ky. Bar Ass'n, 2006-SC-0284-KB,
SUPREME COURT OF KENTUCKY, September 21, 2006, Entered
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Overview: Pursuant to Ky. Sup. Ct. R. 3.500(1), an attorney was restored to membership in the Kentucky Bar Association and to the practice of law in the State of Kentucky, subject to conditions, because he submitted his completed application form, tendered a fee, and tendered the payment of dues for the current year and all back years.
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| Furnish v. Commonwealth, 2004-SC-0387-MR,
SUPREME COURT OF KENTUCKY, September 21, 2006, Rendered
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Overview: On remand of the penalty phase in a capital murder case, prosecutor's asking a defense witness if she had e-mailed defendant or checked his web site was not an improper comment on the amenities in prison, and a life sentence defendant had received for another murder did not estop the Commonwealth from seeking the death penalty in the present case.
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| Gibbs v. Commonwealth, 2004-SC-000286-MR,
SUPREME COURT OF KENTUCKY, September 21, 2006, Rendered
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Overview: A mandatory competency hearing was held to be required by Ky. Rev. Stat. Ann. § 504.100(3) with regard to defendant's multiple sexual abuse convictions; the appellate court remanded the case to the trial court to conduct a competency hearing, despite defendant not requesting the same before his trial.
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| Gonzalez de Alba v. Commonwealth, 2005-SC-000489-MR,
SUPREME COURT OF KENTUCKY, September 21, 2006, Rendered
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Overview: In a murder prosecution, where defendant instigated an argument with his wife and her adult son that led to an assault on his wife and the murder of the son, Ky. R. Evid. 504(c)(2)(D)'s exception to spousal privilege applied to the wife's testimony about the murder, as it was committed in the course of defendant's wrongful conduct against her.
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| Kaplan v. Ky. Bar Ass'n, 2006-SC-000521-KB,
SUPREME COURT OF KENTUCKY, September 21, 2006, Entered
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Overview: Attorney's motion for consensual discipline, under Ky. Sup. Ct. R. 3.480(2), was granted, and he was suspended from the practice of law in the State of Kentucky for a period of 30 days, under Ky. Sup. Ct. R. 3.380, because he did not inform a client of the insufficient service of process in her case nor inform her of the dismissal of her case.
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| Ky. Bar Ass'n v. Bierbauer, 2006-SC-0525-KB,
SUPREME COURT OF KENTUCKY, September 21, 2006, Entered
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Overview: Upon an attorney's federal conviction of intending to manufacture methamphetamine, a felony, an automatic suspension from the practice of law, pursuant to Ky. Sup. Ct. R. 3.166(1) was entered pursuant to a motion by the Kentucky Bar.
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| Lane v. Lane, 2004-SC-000151-DG,
SUPREME COURT OF KENTUCKY, September 21, 2006, Rendered
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Overview: Court did not abuse its discretion in awarding wife rehabilitative maintenance, despite her waiver of maintenance in antenuptial agreement; waiver provision was unconscionable because disparity in parties' incomes grew exponentially during marriage, largely because husband concentrated on his career while the wife stayed home to care for children.
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