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| Black v. Commonwealth, NO. 2003-CA-000654-MR,
COURT OF APPEALS OF KENTUCKY, October 6, 2006, Rendered
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Overview: Because a tip was from an anonymous informant, and the tip provided no information upon which police could corroborate its reliability and provided no basis for its allegation of criminal activity, the investigatory stop violated U.S. Const. amend. IV and Ky. Const. § 10.
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| Bottom v. Commonwealth, NO. 2004-CA-002480-MR, NO. 2004-CA-002488-MR, NO. 2004-CA-002489-MR,
COURT OF APPEALS OF KENTUCKY, October 6, 2006, Rendered
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Overview: As an encounter between police and defendants was consensual, that is, they responded to a knock on the door absent any police coercion, the officers did not need a reasonable and articulable suspicion that criminal activity was afoot before conducting a "knock and talk." Therefore, defendants' suppression motion was properly denied.
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| Hensley v. Davis, NO. 2005-CA-001785-MR,
COURT OF APPEALS OF KENTUCKY, October 6, 2006, Rendered
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Overview: It was error for the trial court to grant summary judgment in favor of the state employees on the basis of up-the-ladder immunity under Ky. Rev. Stat. Ann. § 342.690(1) because the state agency that they worked for could not be considered a contractor under Ky. Rev. Stat. Ann. § 342.610.
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| Huff v. Commonwealth, NO. 2005-CA-001759-MR,
COURT OF APPEALS OF KENTUCKY, October 6, 2006, Rendered
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Overview: Defendant's conviction for fleeing or evading in the first degree, in violation of Ky. Rev. Stat. Ann. § 520.095, was reversed because the Commonwealth did not establish that defendant operated with the requisite intent to evade or flee from the police when defendant drove for about a mile to his home before pulling over.
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| Oakley v. Crawford Elec., Inc., NO. 2005-CA-001471-MR, NO. 2005-CA-001487-MR,
COURT OF APPEALS OF KENTUCKY, October 6, 2006, Rendered
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Overview: Summary judgment entered in favor of a company in a claim for negligence, because of "up the ladder" immunity under Ky. Rev. Stat. Ann. § 342.690(1) was reversed because the company did not have a contractual relationship with the injured claimant's employer and thus could not take advantage of the § 342.690(1) immunity provisions.
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| Terrill v. Estate of Terrill, NO. 2005-CA-001669-MR,
COURT OF APPEALS OF KENTUCKY, October 6, 2006, Rendered
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Overview: Summary judgment granted to the estate in an action filed by a nephew to impose a constructive trust was affirmed because the nephew did not provide evidence that the uncle had promised that the family property would be bequeathed to him and the aunt did not have any obligation to make such a bequest in her will.
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| D.F. v. Commonwealth, 2006-SC-0283-D,
SUPREME COURT OF KENTUCKY, October 12, 2006, Entered
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| Eri Falls v. United Structural Sys., 2006-SC-0208-D,
SUPREME COURT OF KENTUCKY, October 12, 2006, Entered
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