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  • Commentaries
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Kentucky Case Commentaries

Affirmation of the 'Reasonable Probability' Standard under KRS 422.285 in BOWLING v. COMmonwealth

Affirmation of the 'Reasonable Probability' Standard under KRS 422.285 in BOWLING v. COMmonwealth

Date: Sep 24, 2010
Affirmation of the 'Reasonable Probability' Standard under KRS 422.285 in BOWLING v. COMmonwealth Introduction Thomas Clyde Bowling was convicted in Fayette Circuit Court in 1990 for the murders of...
Clarification of Jury Note Usage in Deliberations: Barnett v. Commonwealth of Kentucky

Clarification of Jury Note Usage in Deliberations: Barnett v. Commonwealth of Kentucky

Date: Aug 27, 2010
Clarification of Jury Note Usage in Deliberations: Barnett v. Commonwealth of Kentucky Introduction James H. Barnett appealed his conviction for wanton murder and theft in the case James H. Barnett...
Recognition of Non-Parent Co-Parenting Partnerships in Custody Determinations

Recognition of Non-Parent Co-Parenting Partnerships in Custody Determinations

Date: Aug 27, 2010
Recognition of Non-Parent Co-Parenting Partnerships in Custody Determinations Introduction The case of Arminta Jane Mullins v. Phyllis Dianne Picklesimer, 317 S.W.3d 569 (Ky. 2010), represents a...
Comprehensive Commentary on Judicial Decisions

Comprehensive Commentary on Judicial Decisions

Date: Aug 27, 2010
Comprehensive Commentary on Judicial Decisions United States v. Damarlon Cenaka Thomas: Affirmation of Below-Guidelines Sentencing for Career Offenders Introduction In the case of United States of...
Kentucky Supreme Court Reinforces Comparative Fault in Open and Obvious Premises Liability: Kentucky River Medical Center v. McIntosh

Kentucky Supreme Court Reinforces Comparative Fault in Open and Obvious Premises Liability: Kentucky River Medical Center v. McIntosh

Date: Aug 27, 2010
Kentucky Supreme Court Reinforces Comparative Fault in Open and Obvious Premises Liability: Kentucky River Medical Center v. McIntosh Introduction In Kentucky River Medical Center and Jackson...
Res Judicata and the Discovery Rule in FELA: Coomer v. CSX Transportation

Res Judicata and the Discovery Rule in FELA: Coomer v. CSX Transportation

Date: Aug 27, 2010
Res Judicata and the Discovery Rule in FELA: Coomer v. CSX Transportation Introduction The case of Emmett E. Coomer v. CSX Transportation, Inc., decided by the Supreme Court of Kentucky on August 26,...
Clarifying "Deadly Weapon" in Kentucky Law: New Precedent in Wilburn v. Commonwealth

Clarifying "Deadly Weapon" in Kentucky Law: New Precedent in Wilburn v. Commonwealth

Date: Jun 18, 2010
Clarifying "Deadly Weapon" in Kentucky Law: New Precedent in Wilburn v. Commonwealth Introduction In the landmark case of Essamond Wilburn v. Commonwealth of Kentucky (312 S.W.3d 321), the Supreme...
Smith v. Commonwealth: Clarifying Miranda Custody Standards in Dynamic Entry Searches

Smith v. Commonwealth: Clarifying Miranda Custody Standards in Dynamic Entry Searches

Date: Jun 18, 2010
Smith v. Commonwealth: Clarifying Miranda Custody Standards in Dynamic Entry Searches Introduction Smith v. Commonwealth, 312 S.W.3d 353 (Ky. 2010), adjudicated by the Supreme Court of Kentucky,...
Kentucky Supreme Court Establishes Precedent on Double Jeopardy and Death Penalty in Phillip L. Brown Case

Kentucky Supreme Court Establishes Precedent on Double Jeopardy and Death Penalty in Phillip L. Brown Case

Date: Jun 18, 2010
Kentucky Supreme Court Establishes Precedent on Double Jeopardy and Death Penalty in Phillip L. Brown Case Introduction The case of Phillip L. Brown v. Commonwealth of Kentucky (313 S.W.3d 577, 2010)...
Affirming Convictions Amid Competency Hearing Challenges: Padgett v. Commonwealth of Kentucky

Affirming Convictions Amid Competency Hearing Challenges: Padgett v. Commonwealth of Kentucky

Date: Jun 18, 2010
Affirming Convictions Amid Competency Hearing Challenges: Padgett v. Commonwealth of Kentucky Introduction In the landmark case Mark Padgett v. Commonwealth of Kentucky (312 S.W.3d 336), the Supreme...
Clarifying the Scope of Qualified Official Immunity in Supervisory Roles: Haney v. Monsky

Clarifying the Scope of Qualified Official Immunity in Supervisory Roles: Haney v. Monsky

Date: May 8, 2010
Clarifying the Scope of Qualified Official Immunity in Supervisory Roles: Haney v. Monsky Introduction The case of Erin Haney v. Biljana Monsky (311 S.W.3d 235) adjudicated by the Supreme Court of...
Faulty Construction Not an "Occurrence" Under CGL Policy: Cincinnati Insurance Co. v. Motorists Mutual Insurance Co.

Faulty Construction Not an "Occurrence" Under CGL Policy: Cincinnati Insurance Co. v. Motorists Mutual Insurance Co.

Date: Mar 19, 2010
Faulty Construction Not an "Occurrence" Under CGL Policy: Cincinnati Insurance Co. v. Motorists Mutual Insurance Co. Introduction The case of Cincinnati Insurance Company v. Motorists Mutual...
Kentucky Supreme Court Clarifies Statute of Limitations in Products Liability: Limits on Equitable Estoppel and Discovery Rule Applications

Kentucky Supreme Court Clarifies Statute of Limitations in Products Liability: Limits on Equitable Estoppel and Discovery Rule Applications

Date: Mar 19, 2010
Kentucky Supreme Court Clarifies Statute of Limitations in Products Liability: Limits on Equitable Estoppel and Discovery Rule Applications Introduction In the case of Fluke Corporation v. Gary...
Affirmation of Death Sentence in James Hunt v. Commonwealth of Kentucky: A Comprehensive Analysis

Affirmation of Death Sentence in James Hunt v. Commonwealth of Kentucky: A Comprehensive Analysis

Date: Mar 19, 2010
Affirmation of Death Sentence in James Hunt v. Commonwealth of Kentucky: A Comprehensive Analysis Introduction In the landmark case of James Hunt v. Commonwealth of Kentucky, reported at 304 S.W.3d...
Kentucky Supreme Court Establishes Guidelines for Summary Judgment in Medical Malpractice Cases Without Expert Testimony

Kentucky Supreme Court Establishes Guidelines for Summary Judgment in Medical Malpractice Cases Without Expert Testimony

Date: Jan 22, 2010
Kentucky Supreme Court Establishes Guidelines for Summary Judgment in Medical Malpractice Cases Without Expert Testimony Introduction The case of Robert M. BlankenHTMLHIP, M.D., Appellants, and...
Termination of Parental Rights for Minor Parents: Analysis of Commonwealth of Kentucky v. T.N.H.

Termination of Parental Rights for Minor Parents: Analysis of Commonwealth of Kentucky v. T.N.H.

Date: Jan 22, 2010
Termination of Parental Rights for Minor Parents: Analysis of Commonwealth of Kentucky v. T.N.H. Introduction The case of Commonwealth of Kentucky, Cabinet for Health and Family Services; and J.L.H.,...
Kentucky Supreme Court Establishes Precedent on Statute of Limitations Tolling Due to Active Concealment in Personal Injury Cases

Kentucky Supreme Court Establishes Precedent on Statute of Limitations Tolling Due to Active Concealment in Personal Injury Cases

Date: Jan 22, 2010
Kentucky Supreme Court Establishes Precedent on Statute of Limitations Tolling Due to Active Concealment in Personal Injury Cases Introduction In the landmark case of Tim Emberton v. GMRI, Inc., the...
Kentucky Supreme Court Mandates Administrative Regulation of Lethal Injection Protocol under APA

Kentucky Supreme Court Mandates Administrative Regulation of Lethal Injection Protocol under APA

Date: Jan 5, 2010
Kentucky Supreme Court Mandates Administrative Regulation of Lethal Injection Protocol under APA Introduction In the landmark case of Thomas C. Bowling, Ralph Baze and Brian Keith Moore v. Kentucky...
Sweasy v. Wal-Mart Stores, Inc.: Establishing the Commencement of Permanent Partial Disability Benefits

Sweasy v. Wal-Mart Stores, Inc.: Establishing the Commencement of Permanent Partial Disability Benefits

Date: Oct 30, 2009
Sweasy v. Wal-Mart Stores, Inc.: Establishing the Commencement of Permanent Partial Disability Benefits Introduction The case of Betty J. Sweasy v. Wal-Mart Stores, Inc., adjudicated by the Supreme...
Sovereign Immunity Affirmed for Governmental Air Transportation Entities in COMAIR, INC. v. Lexington-Fayette Urban County Airport Corporation

Sovereign Immunity Affirmed for Governmental Air Transportation Entities in COMAIR, INC. v. Lexington-Fayette Urban County Airport Corporation

Date: Oct 2, 2009
Sovereign Immunity Affirmed for Governmental Air Transportation Entities in COMAIR, INC. v. Lexington-Fayette Urban County Airport Corporation Introduction The case of COMAIR, INC.; and Comair...
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