Kentucky Case Commentaries

Enhancement of Drug Offenses via Firearm Possession: Analyzing James Ray Johnson v. Commonwealth of Kentucky

Date: May 23, 2003

Enhancement of Drug Offenses via Firearm Possession: Analyzing James Ray Johnson v. Commonwealth of Kentucky Introduction The Supreme Court of Kentucky's decision in James Ray Johnson v. Commonwealth...

Separation of Release and Indemnity in Settlement Agreements: Frear v. P.T.A. Industries

Date: Apr 25, 2003

Separation of Release and Indemnity in Settlement Agreements: Frear v. P.T.A. Industries Introduction Frear v. P.T.A. Industries, Inc. is a significant case adjudicated by the Supreme Court of...

Kentucky Supreme Court Holds Louisville Water Company Not an Agency of the City, Permitting Punitive Damages

Date: Apr 25, 2003

Kentucky Supreme Court Holds Louisville Water Company Not an Agency of the City, Permitting Punitive Damages Introduction In the case of Be v. rly K. PHELPS, Administrator of the Estate of Dannie...

Kentucky Supreme Court Limits Underinsured Motorist Coverage Stacking and Affirms Coots Settlement Procedure

Date: Apr 3, 2003

Kentucky Supreme Court Limits Underinsured Motorist Coverage Stacking and Affirms Coots Settlement Procedure Introduction The case of Lecia True v. Mable Raines and Preferred Risk Financial, Inc....

Burden-Shifting in Slip and Fall Cases: Landmark Decision in Lanier v. Wal-Mart Stores, Inc.

Date: Mar 21, 2003

Burden-Shifting in Slip and Fall Cases: Landmark Decision in Lanier v. Wal-Mart Stores, Inc. Introduction The case of Barbara Ruth Lanier v. Wal-Mart Stores, Inc. (99 S.W.3d 431) adjudicated by the...

Affirmation of Sovereign and Official Immunity in Kentucky Civil Liability Case

Date: Feb 13, 2003

Affirmation of Sovereign and Official Immunity in Kentucky Civil Liability Case Introduction The Kentucky Court of Appeals delivered a comprehensive judgment in the case of Joe James and Judy James,...

Affirmation of Conviction in Kalton Adkins v. Commonwealth of Kentucky: Upholding Procedural Standards

Date: Jan 24, 2003

Affirmation of Conviction in Kalton Adkins v. Commonwealth of Kentucky: Upholding Procedural Standards Introduction In Kalton Adkins v. Commonwealth of Kentucky, 96 S.W.3d 779 (2003), the Supreme...

Reaffirmation of the 'Plain Feel' Doctrine and Enhancement of Jury Instruction Standards in Trafficking Convictions

Date: Jan 24, 2003

Reaffirmation of the 'Plain Feel' Doctrine and Enhancement of Jury Instruction Standards in Trafficking Convictions Introduction Commonwealth of Kentucky v. Raymond Whitmore is a pivotal case...

Allocation of Damages in Tort and Workers' Compensation Settlements: Cantrell Supply, Inc. v. Liberty Mutual Insurance Company

Date: Dec 28, 2002

Allocation of Damages in Tort and Workers' Compensation Settlements: Cantrell Supply, Inc. v. Liberty Mutual Insurance Company Introduction In the landmark case of Cantrell Supply, Inc. v. Liberty...

Kentucky Supreme Court Establishes Employees Status for Independent Contractors in Unemployment Insurance Cases

Date: Dec 20, 2002

Kentucky Supreme Court Establishes Employees Status for Independent Contractors in Unemployment Insurance Cases Introduction In the landmark case of Kentucky Unemployment Insurance Commission and...

CR60.02's Flexibility in Correcting Court Orders: Insights from Kurtsinger v. Board of Trustees of Kentucky Retirement Systems

Date: Nov 22, 2002

CR60.02's Flexibility in Correcting Court Orders: Insights from Kurtsinger v. Board of Trustees of Kentucky Retirement Systems Introduction The case of Kurtsinger et al. v. Board of Trustees of...

Strict Enforcement of CR 8.01(2) for Unliquidated Damages in LaFleur v. Shoney's

Date: Sep 27, 2002

Strict Enforcement of CR 8.01(2) for Unliquidated Damages in LaFleur v. Shoney's Introduction LaFleur v. Shoney's, Inc. is a pivotal case adjudicated by the Supreme Court of Kentucky on September 26,...

Bulldozer Classified as Vehicle under KRS 513.010: Implications for Arson Statutes

Date: Sep 27, 2002

Bulldozer Classified as Vehicle under KRS 513.010: Implications for Arson Statutes 1. Introduction The case of Commonwealth of Kentucky v. Steve Plowman (86 S.W.3d 47, 2002) presents a pivotal...

Affirmation of BOWLING v. COMmonwealth: Upholding Brady and Strickland Standards

Date: Aug 23, 2002

Affirmation of BOWLING v. COMmonwealth: Upholding Brady and Strickland Standards Introduction In the case of Ronnie Lee BOWLING v. COMmonwealth of Kentucky, the Supreme Court of Kentucky addressed...

Reaffirming the Independence of Insurance Exclusions: Kemper National Insurance v. Heaven Hill Distilleries

Date: Aug 23, 2002

Reaffirming the Independence of Insurance Exclusions: Kemper National Insurance v. Heaven Hill Distilleries Introduction The case of Kemper National Insurance Companies and American Motorists...

Supreme Court of Kentucky Clarifies Governmental and Official Immunity in School Athletic Liability Cases

Date: Feb 22, 2002

Supreme Court of Kentucky Clarifies Governmental and Official Immunity in School Athletic Liability Cases Introduction In the landmark case of Michael A. Yanero and Sheri L. Yanero as Parents and...

Affirmation of Marital Property Presumption in Travis v. Travis

Date: Nov 22, 2001

Affirmation of Marital Property Presumption in Travis v. Travis Introduction The case of Jeffrey Wayne Travis v. Lora Sue Travis, decided by the Supreme Court of Kentucky on November 21, 2001,...

Commonwealth of Kentucky v. Leon Banks: Affirming Reasonable Suspicion in Stop and Frisk Procedures

Date: Oct 26, 2001

Commonwealth of Kentucky v. Leon Banks: Affirming Reasonable Suspicion in Stop and Frisk Procedures Introduction Commonwealth of Kentucky v. Leon Banks is a pivotal case adjudicated by the Supreme...

Voluntariness and Effective Counsel in Guilty Plea Withdrawal: Da v. d Bronk

Date: Oct 26, 2001

Voluntariness and Effective Counsel in Guilty Plea Withdrawal: Da v. d Bronk Introduction Da v. d Bronk, 58 S.W.3d 482 (Supreme Court of Kentucky, 2001), addresses the critical issue of whether a...

Kentucky Supreme Court Establishes Comprehensive Guidelines for Penalty Range Voir Dire in Non-Capital Cases

Date: Oct 13, 2001

Kentucky Supreme Court Establishes Comprehensive Guidelines for Penalty Range Voir Dire in Non-Capital Cases Introduction In the case of Leslie Lee Lawson v. Commonwealth of Kentucky, Appellee, and...

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