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| Boyle v. Commonwealth, NO. 2006-CA-000761-DG,
COURT OF APPEALS OF KENTUCKY, October 26, 2007, Rendered
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Overview: Judgment was affirmed as there was reasonable and articulable suspicion that defendant was in possession of stolen barrel at time of investigatory stop since he was transporting single, orange construction barrel in unmarked truck after midnight. Road-construction barrels were ordinarily transported during daylight, in bunches, by marked vehicles.
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| Conner v. Patton, NO. 2006-CA-001370-MR,
COURT OF APPEALS OF KENTUCKY, October 26, 2007, Rendered
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Overview: A nursing home owner's case against a governor was properly dismissed for failure to prosecute, under Ky. R. Civ. P. 41.02(1) because (1) the owner did not act for over two and one-half years, (2) her appeal of some issues did not bar pursuing others in the trial court, (3) her claims were not meritorious, and (4) the delay prejudiced the governor.
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| Greene v. Paschall Truck Lines, NO. 2006-CA-001974-WC,
COURT OF APPEALS OF KENTUCKY, October 26, 2007, Rendered
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Overview: Administrative law judge for the Kentucky Workers' Compensation Board had jurisdiction and a statutory mandate under Ky. Rev. Stat. Ann. §§ 342.325 and 342.700 to review a settlement agreement reached between an employee and his employer to determine how much reimbursement, if any, was due the employer relative to a compensation subrogation lien.
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| J.M.R. v. Commonwealth, NO. 2006-CA-002608-ME,
COURT OF APPEALS OF KENTUCKY, October 26, 2007, Rendered
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Overview: Judgments were affirmed as children's therapists properly testified as to children's statements that they feared stepfather would harm them and that they did not want to reunify with mother due to her inability or unwillingness to leave stepfather. Statements were made in order to receive medical treatment for purposes of Ky. R. Evid. 803(4).
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| Larkins v. Miller, NO. 2006-CA-002043-MR,
COURT OF APPEALS OF KENTUCKY, October 26, 2007, Rendered
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Overview: Grant of summary judgment in favor of developers in buyers action for fraud and breach of contract was affirmed; contrary to buyers' argument, a release they signed regarding slope and stability issues involving the lot they purchased was a valid contract in which the buyers relinquished any right to proceed against the developers on slope issues.
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| Martin v. Osborne, NO. 2005-CA-002363-MR,
COURT OF APPEALS OF KENTUCKY, October 26, 2007, Rendered
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Overview: A county jailer provided substantial reasons for terminating an employee pursuant to Ky. Rev. Stat. Ann. § 71.060(2), including not only the allegations of sexual misconduct with inmates, but also the employee's own admissions of, at a minimum, ethical misconduct.
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| Mirzaee v. UPS, NO. 2006-CA-002045-WC,
COURT OF APPEALS OF KENTUCKY, October 26, 2007, Rendered
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Overview: Employee was not entitled to workers' compensation benefits for injury to cervical spine as ALJ found medical testimony failed to prove that cervical injury was work-related. Employee could not add claim for psychiatric impairment, as it lacked support and was made beyond time limited contemplated by 803 Ky. Admin. Regs. 25:010, §§ 8(2) and 15(4).
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| Patton v. Commonwealth, NO. 2006-CA-000343-MR,
COURT OF APPEALS OF KENTUCKY, October 26, 2007, Rendered
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Overview: Motion to vacate conviction under Ky. R. Crim. P. 11.42 was properly denied; inmate failed to present any evidence to support claims counsel failed to investigate or that plea the inmate entered was involuntary. Under the totality of the circumstances, the plea was voluntary, summary dismissal was proper, and no evidentiary hearing was required.
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| Stanley v. Commonwealth, NO. 2006-CA-001906-MR,
COURT OF APPEALS OF KENTUCKY, October 26, 2007, Rendered
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Overview: Summary denial of Ky. R. Crim. P. 11.42 motion for postconviction relief was proper; defense counsel was not ineffective in failing to move to suppress inmate's statement or failure to move for a directed verdict, and inmate failed to allege with specificity facts that would support finding of ineffective assistance regarding chain of custody.
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| Zoeller v. Gutterman, NO. 2006-CA-002141-ME,
COURT OF APPEALS OF KENTUCKY, October 26, 2007, Rendered
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Overview: Judgment was affirmed as grandmother was precluded from challenging grandfather's standing to seek visitation under Ky. Rev. Stat. Ann. § 405.021 since grandmother concealed pending adoption proceeding as tactical maneuver to circumvent grandfather's right to have determination made as to whether visitation was in grandchild's best interest.
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