Kentucky Case Commentaries

Kentucky Supreme Court Establishes 'Time of Arrest' Rule for Container Searches in Commonwealth v. Bembury

Date: Aug 25, 2023

Kentucky Supreme Court Establishes 'Time of Arrest' Rule for Container Searches in Commonwealth v. Bembury Introduction In the landmark case of Commonwealth of Kentucky v. William Bembury, the...

Reaffirming Waiver of Governmental Immunity in University-Student Contracts: University of Kentucky v. Regard et al.

Date: Jun 16, 2023

Reaffirming Waiver of Governmental Immunity in University-Student Contracts: University of Kentucky v. Regard et al. Introduction In the landmark case of University of Kentucky v. Regard et al., the...

New Precedent on Warrantless Parolee Vehicle Searches and Evidence Admissibility Established in Gasaway v. Commonwealth of Kentucky

Date: Jun 16, 2023

New Precedent on Warrantless Parolee Vehicle Searches and Evidence Admissibility Established in Gasaway v. Commonwealth of Kentucky Introduction In the landmark case of Gasaway v. Commonwealth of...

Limits on Biomechanical Expert Testimony in Medical Causation: Renot v. Secura Supreme Insurance Company

Date: Jun 16, 2023

Limits on Biomechanical Expert Testimony in Medical Causation: Renot v. Secura Supreme Insurance Company Introduction In Viviane Renot v. Secura Supreme Insurance Company (671 S.W.3d 282), the...

Conflict of Interest Mandates Recusal in Administrative Commissions: Insights from Friends of Louisville Public Art v. Metro Historic Landmarks Commission

Date: Apr 28, 2023

Conflict of Interest Mandates Recusal in Administrative Commissions: Insights from Friends of Louisville Public Art v. Metro Historic Landmarks Commission Introduction The case of Friends of...

Affirming Jury's Discretion in Lesser-Included Offense Instructions: Analysis of TAYLOR v. COMMONWEALTH of Kentucky

Date: Mar 24, 2023

Affirming Jury's Discretion in Lesser-Included Offense Instructions: Analysis of TAYLOR v. COMMONWEALTH of Kentucky Introduction In the case of Dwight TAYLOR v. COMMONWEALTH of Kentucky (671 S.W.3d...

Reaffirming the Wittmer Test: Kentucky Supreme Court Clarifies Standards for Directed Verdicts in Insurance Bad Faith Claims

Date: Dec 16, 2022

Reaffirming the Wittmer Test: Kentucky Supreme Court Clarifies Standards for Directed Verdicts in Insurance Bad Faith Claims Introduction The case of Haley Belt appellant/cross-appellee v. Cincinnati...

McGaha v. McGaha: Upholding District Court Jurisdiction in Probate and Setting Standards for Amending Pleadings

Date: Sep 23, 2022

McGaha v. McGaha: Upholding District Court Jurisdiction in Probate and Setting Standards for Amending Pleadings Introduction The case of June McGaha and Mark McGaha appellants v. Suzanne McGaha and...

Kentucky Supreme Court Establishes Warrant Requirement for Real-Time CSLI Acquisition

Date: Jun 17, 2022

Kentucky Supreme Court Establishes Warrant Requirement for Real-Time CSLI Acquisition Introduction The case of Commonwealth of Kentucky Appellant v. Dovontia Reed Appellee (647 S.W.3d 237) addresses...

Affirmation of Self-Representation Without Faretta Hearing and Due Process in Sentencing: Lang v. Commonwealth of Kentucky

Date: Feb 25, 2022

Affirmation of Self-Representation Without Faretta Hearing and Due Process in Sentencing: Lang v. Commonwealth of Kentucky Introduction James Lang, a parolee, was convicted of second-degree escape...

Supreme Court of Kentucky Establishes No Requirement for KRS Chapter 625 Proceedings Prior to Adoption under KRS 199.502

Date: Jan 21, 2022

Supreme Court of Kentucky Establishes No Requirement for KRS Chapter 625 Proceedings Prior to Adoption under KRS 199.502 Introduction In the case of M.S.S. Appellant v. J.E.B., D.J.B., and K.K.F.S.,...

Kentucky Supreme Court Affirms Summary Judgment in Slip-and-Fall Case, Clarifying Open and Obvious Doctrine under Comparative Negligence

Date: Oct 1, 2021

Kentucky Supreme Court Affirms Summary Judgment in Slip-and-Fall Case, Clarifying Open and Obvious Doctrine under Comparative Negligence Introduction The case of Leshai Phelps v. Bluegrass...

Reaffirming Standards for Appellate Brief Compliance and Ineffective Assistance of Counsel Claims: Ford v. Commonwealth of Kentucky

Date: Aug 27, 2021

Reaffirming Standards for Appellate Brief Compliance and Ineffective Assistance of Counsel Claims: Ford v. Commonwealth of Kentucky Introduction Ford v. Commonwealth of Kentucky is a pivotal case...

Informed Consent Standards in Clinical Trials: Upholding Kentucky's Statutory Requirements

Date: Aug 27, 2021

Informed Consent Standards in Clinical Trials: Upholding Kentucky's Statutory Requirements Introduction The case of University Medical Center, Inc. D/B/A James Graham Brown Cancer Center et al. v....

Sutton v. Commonwealth of Kentucky: Upholding Burglary and Assault Convictions

Date: Aug 27, 2021

Sutton v. Commonwealth of Kentucky: Upholding Burglary and Assault Convictions Introduction In the landmark case of Sutton v. Commonwealth of Kentucky, the Supreme Court of Kentucky affirmed the...

Limiting Executive Authority: Supreme Court of Kentucky Rules on Governor’s Emergency Powers

Date: Aug 22, 2021

Limiting Executive Authority: Supreme Court of Kentucky Rules on Governor’s Emergency Powers Introduction The case of Daniel J. Cameron, Attorney General of Kentucky v. Andy Beshear, Governor of...

Mandatory Evidentiary Hearings for Temporary Injunctions: Insights from Kentucky Supreme Court Decision

Date: Aug 22, 2021

Mandatory Evidentiary Hearings for Temporary Injunctions: Insights from Kentucky Supreme Court Decision Introduction The case of Andy Beshear, Governor of Kentucky et al. v. Goodwood Brewing Company,...

Clarifying the Boundaries of Writ of Mandamus: Ensuring Adequate Remedies Through Appeal

Date: Jun 18, 2021

Clarifying the Boundaries of Writ of Mandamus: Ensuring Adequate Remedies Through Appeal Introduction The case of Kimberly Johnson v. Various Medical Practitioners and Institutions serves as a...

Reaffirming the Wittmer Test: Kentucky Supreme Court Upholds Dismissal of Third-Party Bad-Faith Claims in Mosley v. Arch Specialty Insurance Co.

Date: Jun 18, 2021

Reaffirming the Wittmer Test: Kentucky Supreme Court Upholds Dismissal of Third-Party Bad-Faith Claims in Mosley v. Arch Specialty Insurance Co. Introduction Mosley v. Arch Specialty Insurance...

Strict Enforcement of Statute of Limitations in Governmental Contract Cases: Britt v. University of Louisville

Date: Mar 26, 2021

Strict Enforcement of Statute of Limitations in Governmental Contract Cases: Britt v. University of Louisville Introduction Parties Involved: Appellant: Karen C. Britt, former Assistant Professor of...