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| Gordon v. Commonwealth, NO. 2004-CA-001453-MR,
COURT OF APPEALS OF KENTUCKY, November 9, 2006, Rendered
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Overview: In prosecution for first-degree sodomy (Ky. Rev. Stat. Ann. § 510.070(1)(a)), as evidence supported either a verdict that deviate sexual intercourse occurred by forcible compulsion, or did not occur at all, but did not support a verdict that it occurred without forcible compulsion, defendant was not entitled to instruction on second-degree sodomy.
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| Hamilton v. CSX Transp., Inc., NO. 2005-CA-000454-MR,
COURT OF APPEALS OF KENTUCKY, November 9, 2006, Rendered
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Overview: In an employee's suit under the Federal Employers' Liability Act, 45 U.S.C.S. § 51 et seq., use of the words "substantial cause" in the jury instructions as the required standard for causation was incorrect. While the instructions did include the appropriate "in whole or in part" language from Rogers, the language was not emphasized enough.
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| Bassham v. Russellville Warehousing, NO. 2006-CA-001224-WC,
COURT OF APPEALS OF KENTUCKY, November 17, 2006, Rendered
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Overview: Evidence of an expert's recantation, submitted more than one year after a workers' compensation award had become final, did not constitute a "mistake" sufficient to warrant reopening of a claim under Ky. Rev. Stat. Ann. § 342.125(1)(c) authorizing a review of the issue of causation. Societal interests in reliable, final judgments had to prevail.
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| Farris v. City of Louisville, NO. 2006-CA-000140-WC,
COURT OF APPEALS OF KENTUCKY, November 17, 2006, Rendered
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Overview: Because an employee only had to show a complete and permanent inability to work in order to show an "impairment," the Workers' Compensation Board erred in concluding that her Ky. Rev. Stat. Ann. § 342.125(1)(d) motion to reopen required evidence of an increased impairment rating, as defined in Ky. Rev. Stat. Ann. § 342.0011(35).
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| Hinshaw v. Hinshaw, NO. 2005-CA-002510-MR,
COURT OF APPEALS OF KENTUCKY, November 17, 2006, Rendered
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Overview: Because a family court could not amend the attorney's fees provision its original dissolution judgment without permission from the appellate court, and because the former husband's attorneys lacked standing to pursue their motion for fees in the family court, they were not entitled to relief under Ky. R. Civ. P. 60.01 or 60.02(f).
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| Musgrove v. Commonwealth, NO. 2005-CA-000719-MR,
COURT OF APPEALS OF KENTUCKY, November 17, 2006, Rendered
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Overview: Trial court erred in failing to excuse a juror during voir dire, as he was disqualified under Ky. Rev. Stat. Ann. §§ 29A.130 and 29A.080 for having served on a grand jury during the previous week; that defendant was required to use a peremptory challenge to remove the juror violated his due process rights and entitled him to a new trial.
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