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| AT&T Corp. v. Fowler, NO. 2006-CA-000402-MR & NO. 2006-CA-000535-MR,
COURT OF APPEALS OF KENTUCKY, September 14, 2007, Rendered
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Overview: Judgment ordering employer to return recouped commissions to employees was improper because employees had agreed that commissions would be debited if an account stopped paying within a 12 month period. Wage agreed on included charge back provision, so recoupment was not of wages "agreed upon" and did not violate Ky. Rev. Stat. Ann. § 337.060.
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| Baker v. Commonwealth, NO. 2006-CA-000498-MR,
COURT OF APPEALS OF KENTUCKY, September 14, 2007, Rendered
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Overview: A non-appearing witness's statements to a detective, which were heard by a jury, were not sufficiently formal to implicate the Confrontation Clause of U.S. Const. amend. VI as they were unprompted, unsolicited, spontaneous and were not the result of any prompting from the testifying detective, who had full knowledge of what had occurred.
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| Elder v. Perry County Hosp., NO. 2005-CA-000591-MR AND NO. 2005-CA-001843-MR,
COURT OF APPEALS OF KENTUCKY, September 14, 2007, Rendered
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Overview: Although a hospital was Indiana corporation, Kentucky had personal jurisdiction over it under Ky. Rev. Stat. Ann. § 454.210 in a malpractice case because, among other things, it employed Kentucky residents, advertised in Kentucky, and contracted with Kentucky insurers and physicians. Dismissal on basis of forum non conveniens was also error.
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| Rankin v. Commonwealth, NO. 2006-CA-000721-MR,
COURT OF APPEALS OF KENTUCKY, September 14, 2007, Rendered
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Overview: It was not unreasonable for a jury to find defendant guilty of the requisite threat under Ky. Rev. Stat. Ann. § 524.040 because defendant called the residence of the grandmother of one of the individuals involved in a robbery and, when she would not let defendant speak to the individual, stated that "we'll just do a drive-by."
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| Walker v. Commonwealth, NO. 2006-CA-001014-MR,
COURT OF APPEALS OF KENTUCKY, September 14, 2007, Rendered
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Overview: Because there was nothing in the record to indicate a substantial possibility the outcome at trial would have been any different had defendant prevailed on his withdrawn suppression motion, the alleged error was nonprejudicial, and defendant failed to show a manifest injustice resulted from the alleged error as required by Ky. R. Crim. P. 10.26.
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