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  • Commentaries
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Kentucky Case Commentaries

Affirmation of TruServ Corporation’s Non-Fraudulent Misrepresentations in Business Expansion Projections

Affirmation of TruServ Corporation’s Non-Fraudulent Misrepresentations in Business Expansion Projections

Date: Aug 28, 2009
Affirmation of TruServ Corporation’s Non-Fraudulent Misrepresentations in Business Expansion Projections Introduction In the landmark case FLEGLES, INC. v. TRUSERV CORPORATION, the Supreme Court of...
Defining Governmental Function: Board of Education's Immunity in Personal Injury Claims

Defining Governmental Function: Board of Education's Immunity in Personal Injury Claims

Date: Aug 28, 2009
Defining Governmental Function: Board of Education's Immunity in Personal Injury Claims Introduction In the landmark case Breathitt County Board of Education v. Dot Prater, decided by the Supreme...
Crawford's Supremacy in Confrontation Clause Violations: A Comprehensive Analysis of Commonwealth v. Michael Stone

Crawford's Supremacy in Confrontation Clause Violations: A Comprehensive Analysis of Commonwealth v. Michael Stone

Date: Aug 28, 2009
Crawford's Supremacy in Confrontation Clause Violations: A Comprehensive Analysis of Commonwealth v. Michael Stone Introduction Commonwealth of Kentucky v. Michael Stone is a pivotal case decided by...
Kansas State Law on Bankruptcy Exemptions Clarified: KRS 427.170 Limited to Bankruptcy Proceedings

Kansas State Law on Bankruptcy Exemptions Clarified: KRS 427.170 Limited to Bankruptcy Proceedings

Date: Jun 30, 2009
Kansas State Law on Bankruptcy Exemptions Clarified: KRS 427.170 Limited to Bankruptcy Proceedings Introduction The case of MPM Financial Group, Inc. v. Michael P. Morton (289 S.W.3d 193) adjudicated...
Affirmation of Firearm Operability Presumption and Palpable Error Review in Commonwealth of Kentucky v. Bobby A. Jones

Affirmation of Firearm Operability Presumption and Palpable Error Review in Commonwealth of Kentucky v. Bobby A. Jones

Date: Jun 26, 2009
Affirmation of Firearm Operability Presumption and Palpable Error Review in Commonwealth of Kentucky v. Bobby A. Jones Introduction Commonwealth of Kentucky v. Bobby A. Jones (283 S.W.3d 665) is a...
Double Jeopardy Protections Reinforced in *Cardine v. Commonwealth of Kentucky*

Double Jeopardy Protections Reinforced in *Cardine v. Commonwealth of Kentucky*

Date: Jun 26, 2009
Double Jeopardy Protections Reinforced in Cardine v. Commonwealth of Kentucky Introduction In the landmark case of Eddie Cardine and Michael Curry v. Commonwealth of Kentucky, decided by the Supreme...
Supreme Court of Kentucky Reinforces Standards for Search Incident to Arrest and Miranda Rights in McCloud v. Commonwealth

Supreme Court of Kentucky Reinforces Standards for Search Incident to Arrest and Miranda Rights in McCloud v. Commonwealth

Date: Jun 26, 2009
Supreme Court of Kentucky Reinforces Standards for Search Incident to Arrest and Miranda Rights in McCloud v. Commonwealth Introduction Larry McCloud v. Commonwealth of Kentucky, 286 S.W.3d 780...
Kentucky Supreme Court Upholds Non-Retroactive Application of Self-Defense Amendments in Frank Rodgers Case

Kentucky Supreme Court Upholds Non-Retroactive Application of Self-Defense Amendments in Frank Rodgers Case

Date: Jun 26, 2009
Kentucky Supreme Court Upholds Non-Retroactive Application of Self-Defense Amendments in Frank Rodgers Case Introduction In the landmark case of Frank Rodgers v. Commonwealth of Kentucky (285 S.W.3d...
Affirming Sovereign and Official Immunity for Kentucky Fire Departments: Commentary on Caneyville Volunteer Fire Department v. Green's Motorcycle Salvage, Inc.

Affirming Sovereign and Official Immunity for Kentucky Fire Departments: Commentary on Caneyville Volunteer Fire Department v. Green's Motorcycle Salvage, Inc.

Date: Jun 26, 2009
Affirming Sovereign and Official Immunity for Kentucky Fire Departments: Commentary on Caneyville Volunteer Fire Department v. Green's Motorcycle Salvage, Inc. Introduction The Supreme Court of...
Reinforcement of Constitutional Protections in Criminal Trials: Analysis of Winstead v. Commonwealth of Kentucky

Reinforcement of Constitutional Protections in Criminal Trials: Analysis of Winstead v. Commonwealth of Kentucky

Date: May 22, 2009
Reinforcement of Constitutional Protections in Criminal Trials: Analysis of Winstead v. Commonwealth of Kentucky Introduction The case of Jerry Bernard Winstead, Jr. v. Commonwealth of Kentucky (283...
Clarifying Jury Instructions in Multiple Sexual Offense Charges: MILLER v. COMMONWEALTH of Kentucky

Clarifying Jury Instructions in Multiple Sexual Offense Charges: MILLER v. COMMONWEALTH of Kentucky

Date: May 22, 2009
Clarifying Jury Instructions in Multiple Sexual Offense Charges: MILLER v. COMMONWEALTH of Kentucky Introduction Frederick MILLER v. COMMONWEALTH of Kentucky, 283 S.W.3d 690 (Ky. 2009), is a...
Revisiting the Rape Shield: Admission of Prior Sexual Conduct in Civil Cases Under KRE 412 – Ten Broeck Dupont, Inc. v. Artemecia Brooks

Revisiting the Rape Shield: Admission of Prior Sexual Conduct in Civil Cases Under KRE 412 – Ten Broeck Dupont, Inc. v. Artemecia Brooks

Date: May 22, 2009
Revisiting the Rape Shield: Admission of Prior Sexual Conduct in Civil Cases Under KRE 412 Introduction In the landmark case of Ten Broeck Dupont, Inc. d/b/a Ten Broeck Hospital v. Artemecia Brooks,...
Supreme Court of Kentucky Establishes Non-Retroactive Rule for Ineffective Assistance Claims in Collateral Proceedings

Supreme Court of Kentucky Establishes Non-Retroactive Rule for Ineffective Assistance Claims in Collateral Proceedings

Date: Apr 24, 2009
Supreme Court of Kentucky Establishes Non-Retroactive Rule for Ineffective Assistance Claims in Collateral Proceedings Introduction In the landmark case of Jeffrey Leonard v. Commonwealth of Kentucky...
Affirmation of Death Penalty and Clarification on Aggravating Circumstances in FURNISH v. COMMONWEALTH

Affirmation of Death Penalty and Clarification on Aggravating Circumstances in FURNISH v. COMMONWEALTH

Date: Dec 16, 2008
Affirmation of Death Penalty and Clarification on Aggravating Circumstances in FURNISH v. COMMONWEALTH Introduction Fred Furnish, a 66-year-old appellant, was convicted of the brutal murder of a...
Revolutionizing Jury Instruction Requirements in Sexual Abuse Cases: Harp v. Commonwealth of Kentucky

Revolutionizing Jury Instruction Requirements in Sexual Abuse Cases: Harp v. Commonwealth of Kentucky

Date: Oct 28, 2008
Revolutionizing Jury Instruction Requirements in Sexual Abuse Cases: Harp v. Commonwealth of Kentucky Introduction In Wilbert Harp v. Commonwealth of Kentucky (266 S.W.3d 813, 2008), the Supreme...
Framework for Custody and Visitation Modification in Parental Relocation Cases: Pennington v. Marcum

Framework for Custody and Visitation Modification in Parental Relocation Cases: Pennington v. Marcum

Date: Oct 25, 2008
Framework for Custody and Visitation Modification in Parental Relocation Cases: Pennington v. Marcum Introduction Pennington v. Marcum, 266 S.W.3d 759, is a pivotal case decided by the Supreme Court...
Best Interests Standard in Child Custody Determinations: Maria Regina Frances v. Bobby Gene Frances

Best Interests Standard in Child Custody Determinations: Maria Regina Frances v. Bobby Gene Frances

Date: Oct 24, 2008
Best Interests Standard in Child Custody Determinations: Maria Regina Frances v. Bobby Gene Frances Introduction Maria Regina Frances v. Bobby Gene Frances, 266 S.W.3d 754, decided by the Supreme...
Equitable Estoppel Not Applicable in Zoning Regulation Enforcement: Analysis of SEBASTIAN-VOOR PROPERTIES v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT

Equitable Estoppel Not Applicable in Zoning Regulation Enforcement: Analysis of SEBASTIAN-VOOR PROPERTIES v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT

Date: Sep 19, 2008
Equitable Estoppel Not Applicable in Zoning Regulation Enforcement: Analysis of SEBASTIAN-VOOR PROPERTIES v. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT Introduction This commentary examines the...
Affirming Effective Assistance of Counsel: Insights from BROWN v. COMmonwealth of Kentucky

Affirming Effective Assistance of Counsel: Insights from BROWN v. COMmonwealth of Kentucky

Date: Jun 20, 2008
Affirming Effective Assistance of Counsel: Insights from BROWN v. COMmonwealth of Kentucky Introduction BROWN v. COMmonwealth of Kentucky, 253 S.W.3d 490 (Ky. 2008), is a pivotal case that delves...
Affirming Judicial Discretion in Sentencing: Kentucky Supreme Court Overrules Smith in Benet Case

Affirming Judicial Discretion in Sentencing: Kentucky Supreme Court Overrules Smith in Benet Case

Date: May 23, 2008
Affirming Judicial Discretion in Sentencing: Kentucky Supreme Court Overrules Smith in Benet Case Introduction The case of Benjamin Cole Benet v. Commonwealth of Kentucky, 253 S.W.3d 528 (Ky. 2008),...
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