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   State Courts - Kentucky - September 22 - September 29, 2006

  
500 Assocs. v. Natural Res. & Envtl. Prot. Cabinet, NO. 2004-CA-000339-MR, NO. 2004-CA-000451-MR, COURT OF APPEALS OF KENTUCKY, September 22, 2006, Rendered
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Overview: Trial court properly assessed liability for environmental contamination against a real estate development group pursuant to Ky. Rev. Stat. Ann. § 224.01-400 because the group removed buildings from the site, which exposed the soil to contamination, and did not nothing to abate the problem once it learned of the contamination.

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Bennett v. Ditto, NO. 2005-CA-001823-MR, COURT OF APPEALS OF KENTUCKY, September 29, 2006, Rendered
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Overview: Holographic will was properly admitted for probate when the will was in the deceased's handwriting, the deceased's sentence close to the end of the document constituted a signature under Ky. Rev. Stat. § 394.040, and the information after the signature did not defeat the validity under Ky. Rev. Stat. § 446.060 because it was non-dispositive.

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Jaroszewski v. Flege, NO. 2005-CA-002371-MR, COURT OF APPEALS OF KENTUCKY, September 29, 2006, Rendered
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Johnson v. Commonwealth, NO. 2005-CA-002215-MR, COURT OF APPEALS OF KENTUCKY, September 29, 2006, Rendered
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Overview: Evidence was sufficient to convict for first degree assault under Ky. Rev. Stat. Ann. § 508.010, under theories that defendant acted intentionally or with wanton disregard to human life because the evidence showed that defendant hit the victim over the head with a beer mug, causing the victim to be hospitalized and to receive over 400 stitches.

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Jones v. Commonwealth, NO. 2005-CA-001089-MR, COURT OF APPEALS OF KENTUCKY, September 29, 2006, Rendered
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Overview: As the Commonwealth was not prohibited from choosing under which section of Ky. Rev. Stat. Ann. § 189A.010 it wished to proceed in prosecuting defendant for DUI, the trial court did not err in allowing it to amend its indictment. There was no double jeopardy violation for convicting defendant for DUI and driving with a suspended license while DUI.

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