Kentucky Case Commentaries

Kentucky’s Structural Accountability Rule: The General Assembly May Not Fragment Executive Appointments to Dissolve Gubernatorial Supervision (HB 334 & HB 518)

Date: Jun 30, 2026

Kentucky’s Structural Accountability Rule: The General Assembly May Not Fragment Executive Appointments to Dissolve Gubernatorial Supervision (HB 334 & HB 518) Case: Andy Beshear, in His Official...

Specialty-Specific Standard-of-Care Proof Is Mandatory; Res Ipsa in Retained-Object Cases Requires Control Over the Retention-Causing Decision

Date: Jun 30, 2026

Specialty-Specific Standard-of-Care Proof Is Mandatory; Res Ipsa in Retained-Object Cases Requires Control Over the Retention-Causing Decision I. Introduction This published decision of the Supreme...

Post-Deadline CLE Compliance and Failure to Update Bar Roster Contact Information Do Not Constitute “Good Cause” to Revoke an SCR 3.675 Suspension

Date: Jun 30, 2026

Post-Deadline CLE Compliance and Failure to Update Bar Roster Contact Information Do Not Constitute “Good Cause” to Revoke an SCR 3.675 Suspension 1. Introduction Case: In Re: Charles Frederick...

Saint v. Commonwealth: When Second-Degree Rape Must Be Given as a Lesser-Included Instruction, CAC Medical-History Disclosures Are Admissible Under KRE 803(4), and “Rehearsed” Credibility Argument Is Not Misconduct

Date: Jun 30, 2026

Saint v. Commonwealth: When Second-Degree Rape Must Be Given as a Lesser-Included Instruction, CAC Medical-History Disclosures Are Admissible Under KRE 803(4), and “Rehearsed” Credibility Argument Is...

Past Concurrent Conflicts Survive Firm Moves, but Disqualification by Writ Requires Proof of Present Harm

Date: Jun 30, 2026

Past Concurrent Conflicts Survive Firm Moves, but Disqualification by Writ Requires Proof of Present Harm I. Introduction In New Prime, Inc. v. Kristin Clouse (Ky. June 25, 2026), New Prime, Inc. and...

Voluntariness-First Plea Withdrawal Under RCr 8.10: Boykin Presumption Juxtaposed with Strickland; No Ineffectiveness for Inapplicable EED or Uncertain Future Legislative Parole Changes

Date: Jun 30, 2026

Voluntariness-First Plea Withdrawal Under RCr 8.10: Boykin Presumption Juxtaposed with Strickland; No Ineffectiveness for Inapplicable EED or Uncertain Future Legislative Parole Changes Introduction...

KRS 311.6191 Requires Good-Faith, Fact-Based Reporting to KPHF and Kentucky Recognizes Tortious Interference with a Professional’s Licensing-Board Relationship

Date: Jun 30, 2026

KRS 311.6191 Requires Good-Faith, Fact-Based Reporting to KPHF and Kentucky Recognizes Tortious Interference with a Professional’s Licensing-Board Relationship Case: John Mitchell Farmer, M.D. v....

Fee-Allocation Clauses in Lawyer Separation Agreements Are Not Per Se “Restrictions on the Right to Practice”; Baker’s Quantum Meruit Default Applies Only Absent a Governing Agreement

Date: Jun 30, 2026

Fee-Allocation Clauses in Lawyer Separation Agreements Are Not Per Se “Restrictions on the Right to Practice”; Baker’s Quantum Meruit Default Applies Only Absent a Governing Agreement I. Introduction...

Minors’ KRS 413.170(1) Tolling Cannot Be Waived by a Next Friend—Loss of Parental Consortium Claims Survive Limitations Despite Earlier Litigation Choices

Date: Jun 30, 2026

Minors’ KRS 413.170(1) Tolling Cannot Be Waived by a Next Friend—Loss of Parental Consortium Claims Survive Limitations Despite Earlier Litigation Choices Introduction In Mercy Regional Emergency...

Kentucky Reaffirms Common-Law Limits on Spousal Control of Disinterment/Reinterment; KRS 367.93117 Governs Initial Disposition Only

Date: Jun 30, 2026

Kentucky Reaffirms Common-Law Limits on Spousal Control of Disinterment/Reinterment; KRS 367.93117 Governs Initial Disposition Only I. Introduction In Emma Jean “Jeannie” McCoy v. Seth McCoy (Pike...

Appointment “Manner” Has Structural Limits: Kentucky’s New “Chain-of-Accountability” Rule for Executive Boards

Date: Jun 30, 2026

Appointment “Manner” Has Structural Limits: Kentucky’s New “Chain-of-Accountability” Rule for Executive Boards Case Jonathan Shell, in His Official Capacity as Commissioner of the Department of...

Kentucky Reaffirms Common-Law Limits on Disinterment: Reinterment Requires Good Cause and Equitable Review; Funeral-Planning Statutes Govern Only Initial Disposition

Date: Jun 30, 2026

Kentucky Reaffirms Common-Law Limits on Disinterment: Reinterment Requires Good Cause and Equitable Review; Funeral-Planning Statutes Govern Only Initial Disposition Introduction In Emma Jean...

Structural Accountability Rule: Section 93 “Manner” Cannot Fragment Executive Supervision Required by Sections 69 & 81

Date: Jun 30, 2026

Structural Accountability Rule: Section 93 “Manner” Cannot Fragment Executive Supervision Required by Sections 69 & 81 I. Introduction In Andy Beshear, in His Official Capacity as Governor v....

Pre-Atkins Death-Row Prisoners May Litigate Intellectual-Disability Bars to Execution via CR 60.02(f) Within a “Reasonable Time” Standard Tailored to Execution-Authority Claims

Date: Jun 30, 2026

Pre-Atkins Death-Row Prisoners May Litigate Intellectual-Disability Bars to Execution via CR 60.02(f) Within a “Reasonable Time” Standard Tailored to Execution-Authority Claims Case: Commonwealth of...

Derivative-Privilege Writs: Speculative Harm and Ripeness When Peer-Review Materials May Be Excepted Under KRS 311.377(3)

Date: Jun 30, 2026

Derivative-Privilege Writs: Speculative Harm and Ripeness When Peer-Review Materials May Be Excepted Under KRS 311.377(3) Case: Summit Medical Group, Inc. D/B/A St. Elizabeth Physicians v. Patricia M...

Rehabilitation (Not Hearsay): Post‑Motive Disclosure Testimony Admissible to Rebut an Implied Financial‑Motive Fabrication Claim

Date: Jun 30, 2026

Rehabilitation (Not Hearsay): Post‑Motive Disclosure Testimony Admissible to Rebut an Implied Financial‑Motive Fabrication Claim I. Introduction In Benjamin Ward v. Commonwealth of Kentucky (Ky....

Unverified “Juror Research” Cannot Defeat Batson: Record-Supported, Comparable-Juror Scrutiny Required

Date: Jun 30, 2026

Unverified “Juror Research” Cannot Defeat Batson: Record-Supported, Comparable-Juror Scrutiny Required Cornelius Baskin v. Commonwealth of Kentucky — Supreme Court of Kentucky (Rendered June 25,...

Substantial-Evidence Deference to ALJ Findings of Permanent Total Disability Despite Potential Sedentary Capacity

Date: Jun 29, 2026

Substantial-Evidence Deference to ALJ Findings of Permanent Total Disability Despite Potential Sedentary Capacity Introduction In Rural King Supply, Inc. v. Evelyn Sallie (Ky. June 25, 2026) (Not to...

KRE 701(c): Lay Witnesses May Describe Observed Behaviors but May Not Testify to an Autism Diagnosis Without Medical Evidence

Date: Jun 29, 2026

KRE 701(c): Lay Witnesses May Describe Observed Behaviors but May Not Testify to an Autism Diagnosis Without Medical Evidence Introduction In Shon E. Denton-Higgs v. Commonwealth of Kentucky (Ky....

Associational Standing Cannot Be Used to Litigate Municipal Tax Liability; Lack of Constitutional Standing Supports a First-Class Writ

Date: Jun 29, 2026

Associational Standing Cannot Be Used to Litigate Municipal Tax Liability; Lack of Constitutional Standing Supports a First-Class Writ I. Introduction In Airbnb, Inc. v. Hon. Thomas D. Wingate (Ky....