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  • Commentaries
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Kentucky Case Commentaries

Kentucky Supreme Court Establishes Requirement for Lesser-Included Offense Instructions in Drug Cultivation Cases

Kentucky Supreme Court Establishes Requirement for Lesser-Included Offense Instructions in Drug Cultivation Cases

Date: Nov 2, 2007
Kentucky Supreme Court Establishes Requirement for Lesser-Included Offense Instructions in Drug Cultivation Cases 1. Introduction In the landmark case Commonwealth of Kentucky v. Anthony Wayne Swift,...
Revisiting Marital and Nonmarital Property Classification: A Two-Tiered Review Standard Established in Smith v. Vish

Revisiting Marital and Nonmarital Property Classification: A Two-Tiered Review Standard Established in Smith v. Vish

Date: Oct 25, 2007
Revisiting Marital and Nonmarital Property Classification: A Two-Tiered Review Standard Established in Smith v. Vish Introduction James R. Smith and David L. Vish v. Carolyn King Smith is a pivotal...
Ensuring Comprehensive Mitigation Instructions in Sentencing: Insights from Emerson v. Commonwealth of Kentucky

Ensuring Comprehensive Mitigation Instructions in Sentencing: Insights from Emerson v. Commonwealth of Kentucky

Date: Sep 28, 2007
Ensuring Comprehensive Mitigation Instructions in Sentencing: Insights from Emerson v. Commonwealth of Kentucky Introduction Leslie Emerson v. Commonwealth of Kentucky, 230 S.W.3d 563 (Ky. 2007),...
Admissibility of Prior Bad Acts in Burglary Cases: Anderson v. Commonwealth

Admissibility of Prior Bad Acts in Burglary Cases: Anderson v. Commonwealth

Date: Aug 24, 2007
Admissibility of Prior Bad Acts in Burglary Cases: Anderson v. Commonwealth Introduction Bo Scott Anderson v. Commonwealth of Kentucky, 231 S.W.3d 117 (Ky. 2007), is a pivotal case adjudicated by the...
Commencement of Statute of Limitations in False Imprisonment and Excessive Force Claims: Dunn v. Felty

Commencement of Statute of Limitations in False Imprisonment and Excessive Force Claims: Dunn v. Felty

Date: Jun 22, 2007
Commencement of Statute of Limitations in False Imprisonment and Excessive Force Claims: Dunn v. Felty Introduction Tracey J. Dunn v. Todd Felty, 226 S.W.3d 68 (Ky. 2007), represents a pivotal...
Clark v. Commonwealth of Kentucky: Enhancing Jury Instructions on Lesser-Included Sexual Abuse Offenses and Restricting Prior Bad Acts Evidence

Clark v. Commonwealth of Kentucky: Enhancing Jury Instructions on Lesser-Included Sexual Abuse Offenses and Restricting Prior Bad Acts Evidence

Date: May 25, 2007
Clark v. Commonwealth of Kentucky: Enhancing Jury Instructions on Lesser-Included Sexual Abuse Offenses and Restricting Prior Bad Acts Evidence Introduction In the pivotal case of Daniel C. Clark v....
Immunity of State Educational Institutions and Their Foundations in Wrongful Death Litigation

Immunity of State Educational Institutions and Their Foundations in Wrongful Death Litigation

Date: Apr 20, 2007
Immunity of State Educational Institutions and Their Foundations in Wrongful Death Litigation 1. Introduction The case of Donnie Autry and Virginia White v. Western Kentucky University (WKU) and WKU...
Effect of KRS 411.182(4) on Joint Tortfeasor Releases: Ernest Abney v. Nationwide Mutual Insurance Company

Effect of KRS 411.182(4) on Joint Tortfeasor Releases: Ernest Abney v. Nationwide Mutual Insurance Company

Date: Mar 23, 2007
Effect of KRS 411.182(4) on Joint Tortfeasor Releases: Ernest Abney v. Nationwide Mutual Insurance Company Introduction The case of Ernest Abney v. Nationwide Mutual Insurance Company presents a...
RCr 11.42 Ineffective Assistance of Counsel Claims Not Precluded by Prior Palpable Error Ruling

RCr 11.42 Ineffective Assistance of Counsel Claims Not Precluded by Prior Palpable Error Ruling

Date: Dec 22, 2006
RCr 11.42 Ineffective Assistance of Counsel Claims Not Precluded by Prior Palpable Error Ruling Introduction The case of Troy Martin v. Commonwealth of Kentucky (207 S.W.3d 1, 2006) presents a...
Forfeiture of Firearms in Drug Trafficking Cases: Insights from Brewer v. Commonwealth of Kentucky

Forfeiture of Firearms in Drug Trafficking Cases: Insights from Brewer v. Commonwealth of Kentucky

Date: Nov 23, 2006
Forfeiture of Firearms in Drug Trafficking Cases: Insights from Brewer v. Commonwealth of Kentucky Introduction Lee Roy Brewer v. Commonwealth of Kentucky, 206 S.W.3d 343 (Ky. 2006), serves as a...
Reinforcement of Qualified Official Immunity in Absence of Bad Faith: Analysis of Sloas v. Rowan County

Reinforcement of Qualified Official Immunity in Absence of Bad Faith: Analysis of Sloas v. Rowan County

Date: Sep 27, 2006
Reinforcement of Qualified Official Immunity in Absence of Bad Faith: Analysis of Sloas v. Rowan County Introduction Case: Sloas v. Rowan County, Kentucky; Don Hall, Indi v. dually and in His...
O'Bryan v. Cave: Clarifying Summary Judgment Standards in Legal Malpractice

O'Bryan v. Cave: Clarifying Summary Judgment Standards in Legal Malpractice

Date: Sep 22, 2006
O'Bryan v. Cave: Clarifying Summary Judgment Standards in Legal Malpractice Introduction The case of George R. O'Bryan, Appellant/Cross-Appellee v. Dwight V. Cave, Appellee/Cross-Appellant (202...
Continuing Application of UCSPA During Litigation Affirmed in Knotts v. Zurich

Continuing Application of UCSPA During Litigation Affirmed in Knotts v. Zurich

Date: Aug 25, 2006
Continuing Application of UCSPA During Litigation Affirmed in Knotts v. Zurich Introduction In Lloyd Knotts; and Jackie Knotts, Appellants, v. Zurich Insurance Company; Zurich American Companies; and...
Nick Ratliff v. Commonwealth of Kentucky: Key Insights on Severance, Jury Procedures, and Judgment Finalization

Nick Ratliff v. Commonwealth of Kentucky: Key Insights on Severance, Jury Procedures, and Judgment Finalization

Date: Jul 29, 2006
Nick Ratliff v. Commonwealth of Kentucky: Key Insights on Severance, Jury Procedures, and Judgment Finalization Introduction The case of Nick Ratliff v. Commonwealth of Kentucky (194 S.W.3d 258)...
Strict Adherence to Intent and Proper Search Protocols in Drug Manufacturing Cases: Parks v. Commonwealth

Strict Adherence to Intent and Proper Search Protocols in Drug Manufacturing Cases: Parks v. Commonwealth

Date: May 19, 2006
Strict Adherence to Intent and Proper Search Protocols in Drug Manufacturing Cases: Parks v. Commonwealth Introduction Parks v. Commonwealth of Kentucky (192 S.W.3d 318, 2006) stands as a pivotal...
Supreme Court of Kentucky Limits Rural Electric Cooperatives to Electric Services under KRS Chapter 279

Supreme Court of Kentucky Limits Rural Electric Cooperatives to Electric Services under KRS Chapter 279

Date: May 19, 2006
Supreme Court of Kentucky Limits Rural Electric Cooperatives to Electric Services under KRS Chapter 279 Introduction In the landmark case of J. Randolph Lewis Appellant/Cross-Appellee v. Jackson...
Affirmation of Plea Voluntariness and Severance Standards in Todd Edmonds v. Commonwealth of Kentucky

Affirmation of Plea Voluntariness and Severance Standards in Todd Edmonds v. Commonwealth of Kentucky

Date: Apr 21, 2006
Affirmation of Plea Voluntariness and Severance Standards in Todd Edmonds v. Commonwealth of Kentucky Introduction Todd Edward Edmonds v. Commonwealth of Kentucky, 189 S.W.3d 558 (Ky. 2006), is a...
Reaffirming Hearsay Exceptions in Civil Termination of Parental Rights Cases

Reaffirming Hearsay Exceptions in Civil Termination of Parental Rights Cases

Date: Apr 21, 2006
Reaffirming Hearsay Exceptions in Civil Termination of Parental Rights Cases Introduction The case of CABINET FOR HEALTH AND FAMILY SERVICES, Commonwealth of Kentucky; and Attorney General,...
Redaction Standards in Confrontation Rights: Schrimsher v. Kentucky

Redaction Standards in Confrontation Rights: Schrimsher v. Kentucky

Date: Apr 21, 2006
Redaction Standards in Confrontation Rights: Schrimsher v. Kentucky Introduction The case of Joseph Michael Schrimsher v. Commonwealth of Kentucky, decided on April 20, 2006, by the Supreme Court of...
Ensuring Fair Cross-Examination of Witness Bias: Kentucky Supreme Court Reverses Trial Court in Baker v. Kammerer

Ensuring Fair Cross-Examination of Witness Bias: Kentucky Supreme Court Reverses Trial Court in Baker v. Kammerer

Date: Mar 24, 2006
Ensuring Fair Cross-Examination of Witness Bias: Kentucky Supreme Court Reverses Trial Court in Baker v. Kammerer Introduction In the landmark case of Amanda Baker v. Theresa Kammerer (187 S.W.3d...
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