Kentucky Case Commentaries

Clarifying the Modus Operandi Exception: A New Precedent on the Admissibility of Prior Bad Acts Evidence under KRE 404(b)

Date: Feb 25, 2025

Clarifying the Modus Operandi Exception: A New Precedent on the Admissibility of Prior Bad Acts Evidence under KRE 404(b) Introduction The case of Bobby Lee Anderson, Jr. v. Commonwealth of Kentucky...

New Legal Precedent: Indefinite Suspension for Non-Participation in Disciplinary Proceedings

Date: Feb 25, 2025

New Legal Precedent: Indefinite Suspension for Non-Participation in Disciplinary Proceedings Introduction The case of IN RE: JON RHYAN FRITZ marks a significant decision by the Supreme Court of...

Clarifying the Evidentiary Burden for Imposing Jail Fees: The Ford Precedent

Date: Feb 25, 2025

Clarifying the Evidentiary Burden for Imposing Jail Fees: The Ford Precedent Introduction The case of DILLIAN FORD (alternatively cited as Dillan Ford) v. COMMONWEALTH OF KENTUCKY establishes a...

Clarifying Domestic Violence Elements and Directed Verdict Requirements: The Kentucky Precedent in ISAIAH D. JOHNSON v. COMMONWEALTH OF KENTUCKY

Date: Feb 25, 2025

Clarifying Domestic Violence Elements and Directed Verdict Requirements: The Kentucky Precedent in ISAIAH D. JOHNSON v. COMMONWEALTH OF KENTUCKY Introduction The case of Isaiah D. Johnson v....

Establishing a Risk of Physical Injury Through Parental Substance Use: A New Precedent in Child Neglect Cases

Date: Feb 25, 2025

Establishing a Risk of Physical Injury Through Parental Substance Use: A New Precedent in Child Neglect Cases Introduction The Judgment in Commonwealth of Kentucky, Cabinet for Health and Family...

Inherent Judicial Authority in Administrative Appeals: Clarifying Subject Matter vs. Particular-Case Jurisdiction Under Kentucky Law

Date: Feb 25, 2025

Inherent Judicial Authority in Administrative Appeals: Clarifying Subject Matter vs. Particular-Case Jurisdiction Under Kentucky Law Introduction The case of Louisville Historical League, Inc. v....

Establishing Negotiated Sanctions in Attorney Discipline: The Bedford Reprimand and Repayment Mandate

Date: Feb 25, 2025

Establishing Negotiated Sanctions in Attorney Discipline: The Bedford Reprimand and Repayment Mandate Introduction This commentary examines the Supreme Court of Kentucky's judgment in In re: Walter...

Affirmation of Judicial Discretion in Evidentiary Admissibility and Sentencing: The Whittaker Precedent

Date: Feb 25, 2025

Affirmation of Judicial Discretion in Evidentiary Admissibility and Sentencing: The Whittaker Precedent Introduction The judgment in Christopher Whittaker v. Commonwealth of Kentucky represents a...

Establishing the "Some Connection" Standard for the Domestic Violence Exemption in Kentucky Jurisprudence

Date: Feb 25, 2025

Establishing the "Some Connection" Standard for the Domestic Violence Exemption in Kentucky Jurisprudence Introduction In the case of Commonwealth of Kentucky Appellant v. Melzena Lulabell Moore...

Defining Homicide: Distinguishing Recklessness from Wantonness and Affirming a Valid Miranda Waiver

Date: Feb 25, 2025

Defining Homicide: Distinguishing Recklessness from Wantonness and Affirming a Valid Miranda Waiver Introduction This commentary analyzes the Supreme Court of Kentucky’s decision in Anthony Dwayne...

Affirmation of Voluntary Guilty Pleas: The Court’s Discretion in Evaluating Discovery and Counsel Performance

Date: Feb 25, 2025

Affirmation of Voluntary Guilty Pleas: The Court’s Discretion in Evaluating Discovery and Counsel Performance Introduction The Supreme Court of Kentucky’s recent decision in Ladaniel Junius Brown...

Objective Evidence in ADHD Accommodation Requests: Establishing Stricter Standards in Bar Exam Eligibility

Date: Feb 25, 2025

Objective Evidence in ADHD Accommodation Requests: Establishing Stricter Standards in Bar Exam Eligibility Introduction The case of Kimberly Phelps v. Kentucky Office of Bar Admissions presents a...

Direct Contradiction Equals a Nonretroactive “New Rule”: Bedell Not Retroactive on Collateral Review in Kentucky

Date: Feb 21, 2025

Direct Contradiction Equals a Nonretroactive “New Rule”: Bedell Not Retroactive on Collateral Review in Kentucky Introduction In Commonwealth of Kentucky v. Calvin Andrew McKinney, decided February...

Email Service to the Attorney General Satisfies KRS 418.075—and Must Accompany Each Appeal; ALJ Discretion over AMA Guides Reaffirmed

Date: Feb 21, 2025

Email Service to the Attorney General Satisfies KRS 418.075—and Must Accompany Each Appeal; ALJ Discretion over AMA Guides Reaffirmed Introduction This memorandum opinion of the Supreme Court of...

Reaffirming ALJ Discretion in Kentucky PTD Awards: Minor Impairment and Temporary Return to Work Do Not Preclude PTD Under Stumbo/McNutt

Date: Feb 21, 2025

Reaffirming ALJ Discretion in Kentucky PTD Awards: Minor Impairment and Temporary Return to Work Do Not Preclude PTD Under Stumbo/McNutt Introduction In Pikeville Medical Center v. Baker, the Supreme...

Kentucky Supreme Court Clarifies “Resident Relative” for Unemancipated Minors: Undefined “Resides Primarily” Is Ambiguous; Physical Presence Is Not Controlling

Date: Feb 21, 2025

Kentucky Supreme Court Clarifies “Resident Relative” for Unemancipated Minors: Undefined “Resides Primarily” Is Ambiguous; Physical Presence Is Not Controlling Introduction In Jessica Hill v. State...

Violent-Offender Status Requires a Qualifying Offense of Conviction; Serial Drive‑By Shootings Are Properly Joined as “Same or Similar” Offenses

Date: Feb 21, 2025

KRS 439.3401, dismissal for grand jury misconduct, joinder of serial drive-by shootings, prosecutorial disqualification, and admissibility of inmate correspondence."> Violent-Offender Status Requires...

Pleading Controls: Kentucky Supreme Court Holds the Dog‑Bite Strict‑Liability Statute Cannot Defeat an Unpled Negligence Claim at the CR 12.02(f) Stage

Date: Feb 21, 2025

Pleading Controls: The Dog‑Bite Strict‑Liability Statute Does Not Bar a Common‑Law Negligence Claim That Was Not Pled Introduction In Kimberly Deramos v. Anderson Communities, Inc., the Supreme Court...

Reaffirming Standards for Mistrials and Witness Impeachment in Sexual Abuse Proceedings: Manning v. Commonwealth of Kentucky

Date: Dec 23, 2024

Reaffirming Standards for Mistrials and Witness Impeachment in Sexual Abuse Proceedings: Manning v. Commonwealth of Kentucky Introduction In the landmark case of Tyjuan Montrell Manning v....

Supreme Court of Kentucky Affirms Voluntary Confession and Admissibility of Dying Declarations in Brock v. Commonwealth

Date: Dec 23, 2024

Supreme Court of Kentucky Affirms Voluntary Confession and Admissibility of Dying Declarations in Brock v. Commonwealth Introduction In the landmark case of Paul Oliver Brock v. Commonwealth of...