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| Bishop v. Commonwealth, NO. 2006-CA-001636-MR,
COURT OF APPEALS OF KENTUCKY, October 5, 2007, Rendered
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Overview: Because exigent circumstances existed when law enforcement found an active methamphetamine lab in the trunk of a car which had a stolen license plate affixed to it parked in a lot next to an elementary school, and said vehicle was linked to defendant, as the license plate belonged to his mother, suppression of the lab was properly denied.
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| Cam I, Inc. v. Louisville/Jefferson County Metro Gov't, NO. 2005-CA-000085-MR; NO. 2005-CA-000090-MR; NO. 2005-CA-000091-MR; NO. 2005-CA-000092-MR; NO. 2005-CA-000100-MR; NO. 2005-CA-000113-MR; AND NO. 2005-CA-000176-MR,
COURT OF APPEALS OF KENTUCKY, October 5, 2007, Rendered
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Overview: A local municipality's ordinance requiring the licensing of adult entertainment businesses, prohibiting nudity, restricting operation hours, requiring a buffer zone, and other restrictions, was upheld as constitutional under the First Amendment and Ky. Const. §§ 1 and 8, as within the municipality's police power.
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| Capshaw v. Commonwealth, NO. 2006-CA-001918-MR,
COURT OF APPEALS OF KENTUCKY, October 5, 2007, Rendered
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Overview: Exclusion of evidence about victim's past accusations of rape did not violate Confrontation Clause, as there was no proof past accusations were demonstrably false. Exclusion of detective's testimony based on violation of separation of witnesses rule, Ky. R. Evid. 615, was not required as detective was subject to impeachment on cross-examination.
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| Commonwealth v. Gonzalez, NO. 2006-CA-000851-DG,
COURT OF APPEALS OF KENTUCKY, October 5, 2007, Rendered
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Overview: After officer failed to appear at two pretrial conferences, trial court dismissed without prejudice DUI and other charges against defendant. This was error, since under Ky. R. Crim. P. 9.64, authority to dismiss criminal complaint before trial could only be exercised by Commonwealth; trial court could only dismiss via directed verdict after trial.
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| Dean v. Commonwealth, NO. 2006-CA-001422-MR,
COURT OF APPEALS OF KENTUCKY, October 5, 2007, Rendered
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Overview: Defense counsel failed to request mistrial or admonition after prosecutor made testamentary comments and failed to object to improper comments during prosecutor's closing argument. As counsel's inaction was not part of recognizable trial strategy, inmate was entitled to new trial under Ky. R. Crim. P. 11.42 due to counsels ineffective assistance.
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| Gersh v. Bowman, NO. 2006-CA-001566-MR,
COURT OF APPEALS OF KENTUCKY, October 5, 2007, Rendered
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Overview: Evidence that appellant drove 34 mph over speed limit around curve, at night, with two passengers, one of whom warned him of upcoming curve, was sufficient to create a jury question under Ky. Rev. Stat. Ann. § 411.186 as to whether he acted with gross negligence. Therefore, court properly refused to dismiss punitive damages claim.
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| Henson v. Klein, NO. 2006-CA-001692-MR & NO. 2006-CA-001814-MR,
COURT OF APPEALS OF KENTUCKY, October 5, 2007, Rendered
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Overview: Trial court did not err in instructing jury in the claimant's personal injury case on sudden emergency doctrine, as evidence showed that the claimant on her personal water craft abruptly and without warning turned in front of the alleged tortfeasor's personal water craft and stopped, resulting in a collision between the two personal water crafts.
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| Keogh v. Woodford County Bd. of Adjustments, NO. 2006-CA-001745-MR,
COURT OF APPEALS OF KENTUCKY, October 5, 2007, Rendered
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Overview: County board of adjustment erred by granting an owner a conditional use permit to operate a "tourist home," as board's defintion of "tourist home" under zoning ordinance was essentially the same as "bed and breakfast," but owner's application described use that was closer to a hotel/motel, which was not a permitted conditional use in the A-1 zone.
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| Ky. Emples. Ret. Sys. v. Foster, NO. 2006-CA-002177-MR,
COURT OF APPEALS OF KENTUCKY, October 5, 2007, Rendered
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Overview: Had a university where an employee taught had been a KERS participant during the employee's tenure, her position would have qualified as a full-time position under both the university's and KERS's standards. Consequently, the employee qualified to purchase service credits for the time she was employed, and the KERS erred in finding otherwise.
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