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| Anderson v. Commonwealth, 2005-SC-001013-MR,
SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: Defendant's convictions were affirmed, because while the trial court erred in admitting evidence of past crimes pursuant to Ky. R. Evid. 404(b), the error was harmless, because the evidence against defendant was overwhelming, and the evidence of defendant's past criminal conduct was trivial when considered with the totality of the evidence.
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| Bolin v. T & T Mining, 2006-SC-000787-WC,
SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: Dismissal of a motion to reopen a decedent's workers' compensation claim arising from his pneumoconiosis was proper because he had received no additional exposure to coal dust, and Ky. Rev. Stat. Ann. § 342.125(5)(a) required a preliminary showing of, inter alia, two additional years of continuous exposure to hazards of disease to reopen.
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| Chapman v. Commonwealth, 2005-SC-000070-MR,
SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: With regard to the imposition of the death penalty upon defendant for two capital murders, it was held that a competent criminal defendant was entitled to plead guilty to a capital offense and to voluntarily seek and receive the death penalty with no violation of U.S. Const. amend. 8 or Ky. Rev. Stat. Ann. § 504.090.
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| Chauvin v. Ky. Bar Ass'n, 2007-SC-000399-KB,
SUPREME COURT OF KENTUCKY, August 23, 2007, Entered
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Overview: Because an attorney failed to deposit a client's money in a separate bank account and failed to return the unearned fees to the client, the attorney violated Ky. Sup. Ct. R. 3.130-1.16(d), 3.130-1.15(a), (b); therefore, the attorney was suspended for 61 days, 31 of which were conditionally probated.
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| Coulthard v. Commonwealth, 2005-SC-000804-MR,
SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: Defendant's convictions were affirmed because the probative value of evidence outweighed any prejudice caused by the evidence, and defendant's constitutional rights under the Fourth Amendment and Ky. Const. § 10 were not violated as his refusal to voluntarily consent to fingerprint sampling was fairly admitted for proper purposes.
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| Debruler v. Commonwealth, 2005-SC-000989-MR,
SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: Defendant was not entitled to a Daubert hearing on the admissibility of canine scent tracking evidence, because the police testimony concerned the results of an investigative technique, not a scientific procedure, and canine scent tracking was not amenable to peer review or scientific standards and testing.
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| Emerson v. Commonwealth, 2005-SC-000205-MR,
SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: In a capital case, evidence that defendant believed his mother was trapped in an abusive marriage and that she pressured him to kill her husband entitled defendant to an instruction on the moral justification mitigator, Ky. Rev. Stat. Ann. § 532.025(2)(b)(4); thus, trial court's failure to give instruction entitled him to new sentencing hearing.
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| G.E. v. Cain, 2004-SC-000043-DG, 2005-SC-000242-DGE,
SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: In two workers' compensation case wherein premises owners were held immunized from tort liability for the occupational diseases claimed by plaintiffs, pursuant to the exclusivity provision of Ky. Rev. Stat. Ann. § 342.610, that statute was construed to require work that was customary, usual, normal, or performed repeatedly.
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| Halvorsen v. Commonwealth, 2004-SC-000017-MR,
SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: Inmate, who had been convicted of three murder counts, was not entitled to postconviction relief under Ky. R. Crim. P. 11.42 and Ky. R. Civ. P. 59.05 because his trial counsel was not ineffective as the testimony of additional witnesses on the issues of extreme emotional disturbance and duress would have been cumulative.
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| Hampton v. Commonwealth, 2006-SC-000122-MR,
SUPREME COURT OF KENTUCKY, August 23, 2007, Rendered
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Overview: Because a man who gave a tip to the police that drug activity was going on in a house was not truly anonymous and people were hurrying out of the house, the police were justified in stopping defendant in order to investigate further as they had a reasonable suspicion under the Fourth Amendment that he was engaged in criminal activity.
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