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   State Courts - Kentucky - November 22, 2006

  
Abney v. Nationwide Mut. Ins. Co., 2004-SC-000937-DG, SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: Because a general release executed by a passenger clearly and unambiguously released all persons, firms, or corporations liable for an automobile accident in which the passenger was severely injured, pursuant to Ky. Rev. Stat. Ann. § 411.182(4) the release included any possible third party claims.

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Baze v. Rees, 2005-SC-0543-MR, SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: The lethal injection method used in Kentucky was not a violation of constitutional bans on cruel and unusual punishment, including Ky. Const. § 17.

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Brewer v. Commonwealth, 2004-SC-000742-MR AND 2004-SC-001105-TG, SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: Although the evidence disclosed defendant's involvement in a five-year scheme of drug trafficking, without evidence linking any of the firearms found at defendant's home to narcotics, the trial court's order of forfeiture of firearms under Ky. Rev. Stat. Ann. § 218A.410(1)(f), (j) was improper and required reversal.

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Brewer v. Commonwealth, 2004-SC-000741-MR & 2004-SC-001106-TG, SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: Defendant's convictions of, inter alia, drug trafficking, Ky. Rev. Stat. Ann. § 218A.1421(3) and (4), were affirmed where the evidence was sufficient to support a guilty verdict, a coconspirator's notebook was properly admitted under Ky. R. Evid. 801A(b)(5), and defendant had knowingly and intelligently waived her right to separate counsel.

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City of Louisville, Div. of Fire v. Fire Serv. Managers Ass'n by & Through Kaelin, 2004-SC-0443-DG, SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: Substantial evidence supported the trial court's conclusion that fire district chiefs were paid on a salary basis, as that term was defined in 803 Ky. Admin. Regs. 1:070, § 4 (2002). As a result, the chiefs were supervisory, salaried personnel and were not entitled to overtime pay under Ky. Rev. Stat. Ann. § 337.285.

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Colwell v. Dresser Instrument Div., 2006-SC-0048-WC, SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: Because Ky. Rev. Stat. Ann. § 342.125(1)(d) required only a "worsening of impairment," worker seeking reopening was not required to prove greater permanent impairment rating in order to receive permanent total disability benefits. Her burden was to prove by objective medical evidence that she sustained worsening of impairment from the injury.

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Commonwealth v. Groves, NO. 2005-CA-002573-MR AND NO. 2005-CA-002608-MR, COURT OF APPEALS OF KENTUCKY, November 22, 2006, Rendered
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Overview: Although a governor's blanket pardon related to a merit system investigation was valid under Ky. Const. § 77 and there was no evidence that defendant, charged of violating Ky. Rev. Stat. Ann. § 18A.140(1), rejected the pardon, order dismissing the indictment was vacated when the circuit court lacked jurisdiction under Ky. Rev. Stat. Ann. § 24A.110.

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Commonwealth v. Jameson, 2004-SC-000983-DG, SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: Intermediate appellate court judgment was reversed, and the trial court judgment was reinstated as the appellate court erred in finding that the evidence regarding an ordinance to prevent the negative secondary effects generally associated with sexually oriented businesses was sufficient to shift the evidentiary burden back to a local government.

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Commonwealth v. Jones, NO. 2004-SC-001017-DG, SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: The decision, which held that a pat-down search of appellee exceeded the proper bounds of the "plain feel" exception to the Fourth Amendment's warrant requirement, was affirmed where the incriminating nature of the object in appellee's pocket was not obvious until the object was manipulated or moved.

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Commonwealth v. Sears, 2004-SC-0738-DG, SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: Appellate court erred in concluding that defendant, a licensed dentist, had the legal right to prescribe controlled substances for non-patients for non-medical reasons in return for payment in drugs; pursuant to a plain reading of Ky. Rev. Stat. Ann. § 218A.1404(3), such conduct even by a licensed dentist was not authorized by law.

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