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| Baird v. Baird, NO. 2007-CA-000259-ME,
COURT OF APPEALS OF KENTUCKY, September 7, 2007, Rendered
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Overview: A domestic violence order (DVO) was properly extended for three more years under Ky. Rev. Stat. Ann. § 403.750(2). Evidence showed that ex-wife had been victim of extensive domestic violence, that ex-husband's conduct after marriage was such that ex-wife lived in fear of him, and that ex-husband again began harassing ex-wife when first DVO expired.
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| Bennett v. Nicholas, NO. 2006-CA-001467-MR,
COURT OF APPEALS OF KENTUCKY, September 7, 2007, Rendered
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Overview: As there was no evidence that an administrator had any knowledge of the will, the administrator's appointment was effective, and his administration would not cease until the putative will was produced and proved pursuant to Ky. Rev. Stat. Ann. § 395.040(4), which had not yet occurred, the wrongful death action should not have been dismissed.
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| Brock v. Pilot Corp., NO. 2006-CA-001498-MR,
COURT OF APPEALS OF KENTUCKY, September 7, 2007, Rendered
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Overview: Summary judgment for a corporation on a subcontractor's claim for, inter alia, enforcement of a mechanic's lien under Ky. Rev. Stat. Ann. § 376.010(3) was proper because the subcontractor failed to notify corporation of intent to file a lien until more than 120 days after date on which he last furnished labor or materials to the property.
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| Foley v. Commonwealth, NO. 2006-CA-002098-MR,
COURT OF APPEALS OF KENTUCKY, September 7, 2007, Rendered
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Overview: Fleeing and evading charges should have been dismissed pursuant to Ky. Rev. Stat. Ann. § 505.030 because defendant's conduct in fleeing officers was a single event, and, therefore, based on his fleeing and evading conviction, double jeopardy protections barred his prosecution for the same offense in another county based on the same incident.
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| Ky. Associated Gen. Contrs. Self-Insurance Fund v. Tri State Crane Rental, Inc., NO. 2006-CA-002564-WC AND: NO. 2007-CA-000004-WC,
COURT OF APPEALS OF KENTUCKY, September 7, 2007, Rendered
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Overview: As evidence supported ALJ's finding that claimant's employment with employer was one, continuous contract of employment, albeit interrupted by a six-month lay off, rather than a new contract that began after his recall, under Ky. Rev. Stat. Ann. § 342.670(1), he was entitled to benefits for injury sustained while working for the employer in Ohio.
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| Shively v. Shively, NO. 2006-CA-000573-MR,
COURT OF APPEALS OF KENTUCKY, September 7, 2007, Rendered
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Overview: Trial court appropriately considered an ex-wife's claim that she contributed toward the ex-husband's law degree and, after considering the evidence, rejected her claim. He obtained the degree without a break in his employment and continued his parenting duties while in school. Property division was proper pursuant to Ky. Rev. Stat. Ann. § 403.190.
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| Sims v. Commonwealth, NO. 2006-CA-001369-MR, NO. 2006-CA-001528-MR,
COURT OF APPEALS OF KENTUCKY, September 7, 2007, Rendered
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Overview: Appellant's motion for a new sentencing hearing pursuant to, inter alia, Ky. R. Crim. P. 11.42, was properly denied because, although a later United States Supreme Court determined that person under age 18 when crime was committed, like appellant, was not subject to death penalty, life imprisonment without parole remained a permissible sentence.
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| Treesh v. DIRECTV, Inc., NO. 2006-CA-001983-MR,
COURT OF APPEALS OF KENTUCKY, September 7, 2007, Rendered
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Overview: While § 602(a) of Telecommunications Act barred "local taxing jurisdiction" from taxing receipts of providers of direct satellite broadcast and wireless cable service (DBS), § 602(c) allowed states to do so. As DBS tax authorized by Ky. Rev. Stat. Ann. § 160.614(3)) was for state purpose, though levied by school districts, Act did not preempt it.
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