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| Berryman v. Commonwealth, 2006-SC-000229-MR,
SUPREME COURT OF KENTUCKY, November 1, 2007, Rendered
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Overview: Motion for directed verdict on charges of wanton murder and first-degree assault was properly denied because evidence showed defendant, while speeding, ignored road and made no effort to swerve or slow down before ramming another vehicle. Conduct manifested extreme indifference to human life and provided sufficient basis for finding of wantonness.
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| Commonwealth v. Bowles, 2005-SC-000039-DG,
SUPREME COURT OF KENTUCKY, November 1, 2007, Rendered
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Overview: Denial of motion under Ky. R. Crim. P. 11.42, based on ineffective assistance counsel should have been upheld, as counsel was not ineffective for failing to object to introduction of evidence of defendant being involved in hit and run with police cruiser over two weeks after the murder, as it was relevant to proving defendant had guilty conscience.
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| Commonwealth v. Swift, 2006-SC-000155-DG,
SUPREME COURT OF KENTUCKY, November 1, 2007, Rendered
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Overview: In prosecution for cultivation of marijuana, trial court erred in failing to give lesser-included offense instruction on possession of marijuana as defendant could have been convicted of constructive possession under Ky. Rev. Stat. Ann. § 218A.1422 because he testified that he knew of marijuana plants on his property but did not put them there.
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| Commonwealth v. Yamaha Motor Mfg. Corp. of Am., 2005-SC-000979-DG,
SUPREME COURT OF KENTUCKY, November 1, 2007, Rendered
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Overview: Action concerning a bid protest was remanded to trial court because trial court improperly dismissed golf cart company's claim based on lack of standing, and it did not analyze whether the complaint stated a claim upon which relief could have been granted. The company had standing to pursue the action under the Kentucky Model Procurement Code.
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| Dollar Gen. Stores, Ltd. v. Smith, 2005-SC-000867-DG,
SUPREME COURT OF KENTUCKY, November 1, 2007, Rendered
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Overview: Intermediate court's judgment was affirmed as a trial court erred in dismissing a case as time-barred since a dismissal on the grounds of forum non conveniens was a venue-based dismissal resulting in the applicability of the saving statute, Ky. Rev. Stat. Ann. § 413.270.
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| Edwards v. Hickman, 2005-SC-001021-MR, 2006-SC-000012-MR,
SUPREME COURT OF KENTUCKY, November 1, 2007, Rendered
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Overview: That a company and two partnerships were not parties to a lawsuit did not mean that appellee was not entitled to production of their business records under Ky. R. Civ. P. 34.01. As appellant, on whom the request was served, claimed to own the company, which in turn owned the partnerships, those documents were in appellants control and possession.
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| Hinshaw v. Hinshaw, 2006-SC-000729-DGE,
SUPREME COURT OF KENTUCKY, November 1, 2007, Rendered
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Overview: Doctrine of equitable estoppel applied in custody cases and precluded mother from challenging ex-husband's custody rights based on DNA testing that established he was not a child's biological father; prior to dissolution of marriage proceeding, mother had always represented ex-husband was child's father and had encouraged father-son relationship.
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| Jones v. Commonwealth, 2005-SC-000879-DG,
SUPREME COURT OF KENTUCKY, November 1, 2007, Rendered
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Overview: Defendant fully complied with Ky. R. Crim. P. 7.24 by providing the Commonwealth with a copy of the report of this DNA expert, which indicated that there was no finding of any male DNA in a vaginal swab taken from the alleged victim; thus, it was error for the trial court to limit the expert's testimony to the four corners of the report.
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| Ky. Bar Ass'n v. Bock, 2006-SC-000908-KB,
SUPREME COURT OF KENTUCKY, November 1, 2007, Entered
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Overview: Lawyer was suspended because she failed to comply with CLE requirements, and did not explain her inability to comply with a previous order of the court giving her until a date certain to complete and report her CLE hours for the prior educational year. Thus, there was good cause to suspend her according to Ky. Sup. Ct. R. 3.669(4).
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| Ky. Bar Ass'n v. Callihan, 2007-SC-000331-KB,
SUPREME COURT OF KENTUCKY, November 1, 2007, Entered
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Overview: Lawyer was suspended for 30 days because, among other things, he violated Ky. Sup. Ct. R. 3.130-3.3(a)(1) in knowingly and falsely representing that he was authorized to practice law by presenting an email and a curriculum vitae when, in fact, the lawyer had earlier been suspended. The lawyer also misrepresented that he was in good standing.
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