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| Robinson v. Commonwealth, 2005-SC-000750-MR,
SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: Marriage of person under 16 was voidable, not void, and thus, was not against Kentucky public policy. Denial of defendant's request for instruction under Ky. Rev. Stat. Ann. § 510.035 since he was married to the victim was error. However, convictions for second degree rape were proper as they related to period preceding the marriage.
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| Ross v. Powell, 2004-SC-0008-DG,
SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: Because sellers informed the buyers in a disclosure form of a termite infestation and that remedial treatment had been scheduled, and because the buyers examined the premises and had the house treated for the termite problem, the lower courts properly granted summary judgment to the sellers.
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| W.D.B. v. Commonwealth, NO. 2005-CA-001215-DG,
COURT OF APPEALS OF KENTUCKY, November 22, 2006, Rendered
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Overview: Where a juvenile was accused of committing first degree sexual abuse, under Ky. Rev. Stat. Ann. § 600.020(31), the trial court's approval for the parties' agreement for an informal adjustment was required, and as the trial court was in the best position to make that assessment, its decision not to approve the agreement was not reversed.
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| Wagner v. Giles, NO. 2005-CA-001846-MR AND NO. 2005-CA-002293-MR,
COURT OF APPEALS OF KENTUCKY, November 22, 2006, Rendered
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Overview: Trial court erred in granting promissory note comaker's motion to dismiss lender's collection action; borrower's payment to lender did not discharge promissory note comaker's obligation under relevant notes pursuant to Ky. Rev. Stat. Ann. § 355.3-602(1), as payment was void due to fact that it was later set aside as a preference in bankruptcy.
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| Wells v. Commonwealth, 2004-SC-0593-DG,
SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: While admission of DNA test results showing that defendant was the father of his victim's child violated his Sixth Amendment right to confrontation, because defendant admitted paternity of child in letters to victim that were admitted at trial, and paternity was not a required element of either rape or incest charge, the error was harmless.
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| Williams v. Commonwealth, 2003-SC-0319-MR,
SUPREME COURT OF KENTUCKY, November 22, 2006, Rendered
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Overview: Defendant's convictions for unlawfully prescribing a controlled substance, Ky. Rev. Stat. Ann. § 218A.1404(3), were vacated as evidence seized during a warrantless raid of his medical clinic should have been excluded as violative of the Fourth Amendment and Ky. Const. § 10. However, his statement to agents was not fruit of the poisonous tree.
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