Kentucky Case Commentaries

Prohibition of Ineffective Assistance of Counsel Waivers in Plea Agreements: Kentucky's Landmark Ruling

Date: Aug 22, 2014

Prohibition of Ineffective Assistance of Counsel Waivers in Plea Agreements: Kentucky's Landmark Ruling Introduction In the landmark case United States of America v. Kentucky Bar Association, the...

Retroactive Reinstatement of LLC Shields Members from Personal Liability in Lease Agreements

Date: Mar 21, 2014

Retroactive Reinstatement of LLC Shields Members from Personal Liability in Lease Agreements Introduction In the landmark decision of Rick Pannell, Appellant v. Ann Shannon; and Elegant Interiors,...

Equitable Tolling and Procedural Barriers in Post-Conviction Relief: FOLEY v. COMmonwealth of Kentucky

Date: Mar 21, 2014

Equitable Tolling and Procedural Barriers in Post-Conviction Relief: FOLEY v. COMmonwealth of Kentucky Introduction Robert Carl FOLEY v. COMmonwealth of Kentucky, 425 S.W.3d 880 (Ky. 2014), serves as...

Individualized Adjudication Required in Involuntary Termination of Parental Rights

Date: Feb 21, 2014

Individualized Adjudication Required in Involuntary Termination of Parental Rights Introduction The case Cabinet for Health and Family Services, Commonwealth of Kentucky, Appellant v. K.H., Sr.,...

Kentucky Supreme Court Establishes No-Breach Standard for Open-and-Obvious Hazards in Premises Liability

Date: Nov 26, 2013

Kentucky Supreme Court Establishes No-Breach Standard for Open-and-Obvious Hazards in Premises Liability Introduction In the landmark case of Wilma Jean Shelton v. Kentucky Easter Seals Society, Inc....

Establishing Principal Control Over Agent-Possessed Information in Civil Discovery: Southern Financial v. Combs

Date: Nov 22, 2013

Establishing Principal Control Over Agent-Possessed Information in Civil Discovery: Southern Financial v. Combs Introduction In the landmark case of Southern Financial Life Insurance Company v....

Separation of LLC and Individual Claims & Proper Discovery Sanctions in Turner v. Andrew

Date: Nov 22, 2013

Separation of LLC and Individual Claims & Proper Discovery Sanctions in Turner v. Andrew Introduction The case of Coy Turner, Jr. and M & W Milling Co., Inc. v. Billy Andrew, Jr. (413 S.W.3d 272)...

Affirmation of Directed Verdict Standards in Punitive Damages: Garnett Gibson v. Fuel Transport, Inc.

Date: Oct 25, 2013

Affirmation of Directed Verdict Standards in Punitive Damages: Garnett Gibson v. Fuel Transport, Inc. Introduction In the case of Garnett Gibson (as Executor and Personal Representative of the Estate...

Kentucky Supreme Court Upholds RCr 9.54(2) as Barrier to Palpable Error Review for Unpreserved Jury Instruction Errors

Date: Sep 27, 2013

Kentucky Supreme Court Upholds RCr 9.54(2) as Barrier to Palpable Error Review for Unpreserved Jury Instruction Errors Introduction In the landmark case of Odell K. Martin v. Commonwealth of...

Enforceability of Subsequent Arbitration Agreements Despite Merger Clauses: Energy Home v. Peay

Date: Aug 30, 2013

Enforceability of Subsequent Arbitration Agreements Despite Merger Clauses: Energy Home v. Peay Introduction In the case of Energy Home, Division of Southern Energy Homes, Inc. v. Brian Peay and Lori...

Osborne v. Keene: Kentucky Supreme Court Redefines Legal Malpractice Standards

Date: Jun 21, 2013

Osborne v. Keene: Kentucky Supreme Court Redefines Legal Malpractice Standards Introduction In the landmark case Brenda C. Osborne v. Steven H. Keeney, decided on June 20, 2013, the Supreme Court of...

Autobahn Automotive v. Whitaker: Redefining the Boundaries of Malicious Prosecution and Abuse of Process

Date: Jun 21, 2013

Autobahn Automotive v. Whitaker: Redefining the Boundaries of Malicious Prosecution and Abuse of Process Introduction The case of Bobby Garcia, d/b/a Autobahn Automotive v. Larry Whitaker, reported...

Expanding the Scope of Effective Counsel: Kentucky v. Pridham and Cox

Date: Apr 26, 2013

Expanding the Scope of Effective Counsel: Kentucky v. Pridham and Cox Introduction In the landmark decision of Commonwealth of Kentucky v. Russell Tim Pridham, Jr. and Jason Cox, decided on April 25,...

Joint Trials and Complicity in Child Abuse Cases: Comprehensive Analysis of Peacher v. Commonwealth of Kentucky

Date: Feb 22, 2013

Joint Trials and Complicity in Child Abuse Cases: Comprehensive Analysis of Peacher v. Commonwealth of Kentucky Introduction The case of Joshua Peacher and Nereida Allen v. Commonwealth of Kentucky...

Establishing Jurisdictional Standards: Reversing Death Penalty Sentencing Due to Improper Expert Testimony and Evidentiary Missteps in Self-Defense Case

Date: Feb 22, 2013

Establishing Jurisdictional Standards: Reversing Death Penalty Sentencing Due to Improper Expert Testimony and Evidentiary Missteps in Self-Defense Case Introduction The case of Carlos Lamont Ordway...

Admissibility and Harmlessness of Irrelevant Evidence in Murder Conviction: Harris v. Commonwealth

Date: Dec 21, 2012

Admissibility and Harmlessness of Irrelevant Evidence in Murder Conviction: Harris v. Commonwealth Introduction Case Name: Darius Harris, Appellant, v. Commonwealth of Kentucky, Appellee. Court:...

Kentucky Supreme Court Invalidates Post-Loss Anti-Assignment Clauses in Insurance Policies

Date: Dec 21, 2012

Kentucky Supreme Court Invalidates Post-Loss Anti-Assignment Clauses in Insurance Policies Introduction In the landmark case of In re Wehr Constructors, Inc. v. Assurance Company of America, the...

Enhancing Legal Ethics: Kentucky Supreme Court Reinforces Standards on Fee Reasonableness and Client Fund Management in Greene v. Kentucky Bar Association

Date: Nov 22, 2012

Enhancing Legal Ethics: Kentucky Supreme Court Reinforces Standards on Fee Reasonableness and Client Fund Management in Greene v. Kentucky Bar Association Introduction In Kentucky Bar Association v....

Clarifying Immunity Standards for Mandatory Reporters Under KRS 620.050: Norton Hospitals, Inc. v. Brandi Peyton

Date: Oct 26, 2012

Clarifying Immunity Standards for Mandatory Reporters Under KRS 620.050: Norton Hospitals, Inc. v. Brandi Peyton Introduction In the landmark case of Norton Hospitals, Inc. (d/b/a Norton Suburban...

Kentucky Supreme Court Expands Sixth Amendment Protections Following Padilla

Date: Oct 26, 2012

Kentucky Supreme Court Expands Sixth Amendment Protections Following Padilla Introduction The Kentucky Supreme Court, in the case of Commonwealth of Kentucky v. Russell Tim Pridham, Jr. and Jason Cox...

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