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| Commonwealth v. Young, NO. 2005-SC-000556-DG,
SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: Inmate's motion for postconviction relief under Ky. R. Crim. P. 11.42, alleging that he received one less peremptory challenge than he was entitled to under Ky. R. Crim. P. 9.40 and that his trial counsel was ineffective for not objecting to this, failed because he did not identify any prejudice resulting from counsel's alleged error.
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| First Fed. Sav. Bank v. McCubbins, 2005-SC-0372-DG,
SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: Summary judgment for a borrower in a bank's suit to recover on a note was proper. The borrower provided the note and mortgage stamped "paid in full" as well as the deed of release, which established a discharge under Ky. Rev. Stat. Ann. § 355.3-604(1). The bank failed to establish its claim that this discharge was involuntary and unintentional.
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| Harralson v. Monger, 2004-SC-1090-DG,
SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: A second driver was estopped from claiming that an amended complaint asserted against him was time-barred under Ky. Rev. Stat. Ann. § 304.39-230(6) because the amended complaint related back to the original cause of action and the second driver had not disclosed the true cause of the accident at the time the original action was filed.
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| Ky. Bar Ass'n v. An Unnamed Atty., NO. 2006-SC-000520-KB,
SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: An attorney was found guilty of Ky. Sup. Ct. R. 3.130-1.16(d) when the attorney did not inform his client that the attorney was leaving the law firm and was no longer going to practice law, the attorney did not offer to refund unused retainer money, and the attorney did not advise the client of future representation options.
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| Ky. Bar Ass'n v. Hays, 2004-SC-001029-KB,
SUPREME COURT OF KENTUCKY, November 22, 2006, Entered
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Overview: Because an attorney's criminal conviction was dismissed, his Ky. Sup. Ct. R. 3.166 automatic suspension was dissolved and his bar membership was restored; the attorney was ordered to pay current bar association dues and fulfill his current continuing legal education requirements.
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| Ky. Bar Ass'n v. Martin, 2006-SC-0353-KB,
SUPREME COURT OF KENTUCKY, November 22, 2006, Decided
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Overview: The attorney was suspended from the practice of law for two years for two violations of Ky. Sup. Ct. R. 3.130-8.3(b) because the attorney was convicted of sexual assault of an office employee and of a former client. The attorney's egregious behavior warranted a serious sanction even if the attorney had subsequently been undergoing therapy.
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| Ky. Bar Ass'n v. McDaniel, 2006-SC-0661-KB,
SUPREME COURT OF KENTUCKY, November 22, 2006, Decided
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Overview: An attorney was ordered permanently disbarred because he violated Ky. Sup. Ct. R. 3.130-8.1, and 8.3(b) when he failed to pay employee withholding taxes for his employees and failed to adequately represent a client in violation of Ky. Sup. Ct. R. 3.130-1.3, 1.4(a), 1.15(b), and 8.1(b) when he did not do the work requested of him.
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| Ky. Bar Ass'n v. O'Brien, 2006-SC-000571-KB,
SUPREME COURT OF KENTUCKY, November 22, 2006, Decided
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Overview: Lawyer was suspended for 90 days for misconduct in which he was paid $ 546 by his client to have his criminal record expunged, but failed to do the work, failed refund the money, failed to communicate with his client, and failed to respond to disciplinary authority. Lawyer's prior charge was also for taking money without performing work.
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| Louisville Gas & Elec. Co. v. Roberson, 2005-SC-000188-DG,
SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: Because an electric company's duty was derivative of its contractual relationship with a county, the company had a duty to exercise ordinary care to see that the street lamps it installed were maintained in a working condition; the company's alleged negligence in causing a pedestrian's death was for the trier of fact to determine.
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