90 results for 'court:"Kentucky Court Of Appeals"'.
J. Raider finds that defendant was improperly sentenced to imprisonment following revocation of pre-trial diversion based on his guilty plea to trafficking in a controlled substance. Although he was terminated from a drug court program in 2018 for absconding, the commonwealth did not move to revoke diversion at that time, and the diversionary period has since expired. Reversed.
Court: Kentucky Court Of Appeals, Judge: Jones, Filed On: October 6, 2023, Case #: 2022-CA-1070-MR, Categories: Criminal Procedure, Drug Offender, Sentencing
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J. Acree finds that the lower court properly denied a grandmother's request to intervene in an adoption action brought by the child's foster parents because she had declined to take the child on more than one occasion following the mother's incarceration, and she failed to prove she had a legal interest in the adoption in her untimely motion. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Acree, Filed On: September 1, 2023, Case #: 2022-CA-1281-ME, Categories: Civil Procedure, Family Law
J. Easton upholds the finding that the county board of education violated the open meetings act by requiring in-person attendees of four school board meetings to wear masks or other facial coverings to protect against Covid-19 because masks were not legally justified or required to maintain order. Affirmed in part.
Court: Kentucky Court Of Appeals, Judge: Easton, Filed On: August 25, 2023, Case #: 2022-CA-1033-MR, Categories: Public Record, Covid-19
J. Dixon finds that a car dealership was properly granted reimbursement from the commonwealth for sales tax on automobiles sold because the dealership provided proof that it paid Indiana sales tax on vehicles sold in Kentucky. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Dixon, Filed On: July 14, 2023, Case #: 2022-CA-0231-MR, Categories: Tax
J. Karem finds that plaintiff was improperly found to be partially disabled and placed under the guardianship of her daughter-in-law because the expert for the commonwealth was not qualified to evaluate plaintiff since she only held a bachelor's degree, while a master's or higher degree was required. Reversed.
Court: Kentucky Court Of Appeals, Judge: Karem, Filed On: July 14, 2023, Case #: 2022-CA-0444-DG, Categories: Experts, Guardianship
J. Jones finds that the trial court improperly ruled in favor of the manufacturer and the supplier in a negligence and product liability action brought by the widower following the decedent's death from mesothelioma. The widower claimed the decedent's mesothelioma diagnosis stemmed from exposure to asbestos on her father's clothes while he worked for the manufacturer and from her three-month employment with the supplier. The trial court incorrectly characterized the decedent's father as a mere bystander because there was evidence he was often exposed to asbestos and there was foreseeable risk to household members who encountered contaminated work clothes. The trial court also incorrectly excluded the widower's expert's opinions. However, the trial court correctly denied the manufacturer's motion to dismiss the widower's claims as barred by the exclusivity provision of the Workers' Compensation Act.
Court: Kentucky Court Of Appeals, Judge: Jones, Filed On: July 7, 2023, Case #: 2022-CA-0184, Categories: Negligence, Product Liability
J. Dixon finds that the circuit court properly entered an order overturning a lower court's decision removing the fiancé as administratrix of an estate and appointing the ex-wife as successor administratrix. The evidence was not sufficient to show that the fiancé or her attorney misappropriated two of the decedent's paychecks which were not listed in the estate's inventory. The fiancé was authorized to hire any counsel she wanted to handle the estate's wrongful death claim arising from the decedent's death in a power station collapse. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Dixon, Filed On: June 30, 2023, Case #: 2022-CA-0284, Categories: Civil Procedure
J. Caldwell finds that defendant was improperly convicted of committing first-degree manslaughter while under an extreme emotional disturbance for accidentally shooting her boyfriend after he repeatedly beat her to unconsciousness, forced her to provide sexual services to drug dealers in exchange for crack, and ordered her to slit the throat of a woman he was raping, well qualifying her for a domestic violence exemption to the violent
offender statute. Reversed.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: June 23, 2023, Case #: 2021-CA-1349-MR, Categories: Domestic Violence, Manslaughter
J. Caldwell finds that the family court properly refused to dismiss a domestic violence order against the victim's former boyfriend despite the victim's wishes based on the boyfriend's "physical aggression" that "resulted in bruising...and property damage," and because he stalked her and shot a gun into her home, in which their child resided. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: June 23, 2023, Case #: 2022-CA-1435-ME, Categories: Domestic Violence, Restraining Order
J. Eckerle finds that a mother was properly denied sole decision-making authority concerning the parties' child under the custody agreement. Her desire for a French immersion program at the child's school was irrelevant since her school of choice no longer offered such a program, and the school, which boasted poor test scores, created transportation conflicts for the father. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: June 9, 2023, Case #: 2022-CA-0202-MR, Categories: Family Law
J. Eckerle finds that defendant was properly convicted of various drug offenses after a substantial quantity of drugs was discovered during a traffic stop because the warrantless search was supported by reasonable suspicion of criminal activity based on an informant's tip. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Eckerle, Filed On: June 9, 2023, Case #: 2022-CA-0989-MR, Categories: Drug Offender, Search
[Consolidated.] J. McNeill finds that defendant was properly convicted of four counts of first-degree bail jumping and sentenced to 10 years of imprisonment. Defendant contends that multiple bail jumping convictions based on a single missed court appearance violated double jeopardy, but the unit of prosecution is each charge for which a defendant fails to appear, not the number of missed court appearances. Affirmed.
Court: Kentucky Court Of Appeals, Judge: McNeill, Filed On: June 2, 2023, Case #: 2021-CA-0490-MR, Categories: Sentencing, Double Jeopardy, Bail
J. Caldwell finds that the lower court improperly denied a father visitation with his children for at least three months because even though the father had been accused of domestic violence, the court failed to prove the serious endangerment standard had been met.
Court: Kentucky Court Of Appeals, Judge: Caldwell, Filed On: June 2, 2023, Case #: 2022-CA-0422-MR, Categories: Family Law