Kentucky Case Commentaries

Kentucky Supreme Court Expands Sixth Amendment Protections Following Padilla

Date: Oct 26, 2012

Kentucky Supreme Court Expands Sixth Amendment Protections Following Padilla Introduction The Kentucky Supreme Court, in the case of Commonwealth of Kentucky v. Russell Tim Pridham, Jr. and Jason Cox...

Reaffirming the Admissibility of Building Code Expert Testimony in Common Law Negligence Cases

Date: Sep 21, 2012

Reaffirming the Admissibility of Building Code Expert Testimony in Common Law Negligence Cases Introduction In the case of Benjamin Wright, Jr. v. House of Imports, Inc. d/b/a In Style (381 S.W.3d...

Kentucky Supreme Court Reinforces Strict Limits on Character Evidence and Victim Testimony in Sexual Abuse Cases

Date: Aug 24, 2012

Kentucky Supreme Court Reinforces Strict Limits on Character Evidence and Victim Testimony in Sexual Abuse Cases Introduction In the case of Jeffery Wayne Chavies v. Commonwealth of Kentucky (374...

Enforcement of Class Action Waivers in Arbitration Agreements: Insights from Schnuerle v. Insight Communications

Date: Aug 24, 2012

Enforcement of Class Action Waivers in Arbitration Agreements: Insights from Schnuerle v. Insight Communications Introduction The case of Michael Schnuerle, Amy Gilbert, Lance Gilbert, and Robin...

Authority of Agents Under Power of Attorney in Arbitration Agreements: PING v. BEVERLY ENTERPRISES

Date: Aug 24, 2012

Authority of Agents Under Power of Attorney in Arbitration Agreements: PING v. BEVERLY ENTERPRISES Introduction Donna Ping, serving as the executrix of the estate of her late mother, Alma Calhoun...

Affirmation of Kentucky's Prevailing Wage Law: Upholding Procedural Due Process and Nondelegation Principles

Date: Jun 28, 2012

Affirmation of Kentucky's Prevailing Wage Law: Upholding Procedural Due Process and Nondelegation Principles Introduction The case of TECO Mechanical Contractor, Inc., v. Commonwealth of Kentucky,...

Kentucky Supreme Court Affirms Murder Conviction: Clarifications on Evidence Admissibility and Harmless Error Standards

Date: Jun 22, 2012

Kentucky Supreme Court Affirms Murder Conviction: Clarifications on Evidence Admissibility and Harmless Error Standards Introduction The case of Michael Elery v. Commonwealth of Kentucky (368 S.W.3d...

Enhanced Procedures for Mental Retardation Claims and DNA Testing in Capital Sentencing: Gregory WILSON v. COMmonwealth of Kentucky

Date: May 25, 2012

Enhanced Procedures for Mental Retardation Claims and DNA Testing in Capital Sentencing: Gregory WILSON v. COMmonwealth of Kentucky Introduction Gregory WILSON v. COMmonwealth of Kentucky is a...

Affirmation of Search Warrant Validity and Charge Joinder in Rogers v. Commonwealth of Kentucky

Date: May 25, 2012

Affirmation of Search Warrant Validity and Charge Joinder in Rogers v. Commonwealth of Kentucky Introduction In the case of William Louis Rogers, Jr. v. Commonwealth of Kentucky, the appellant,...

Kentucky Supreme Court Upholds Trial Court's Decision Against Termination of Parental Rights in D.G.R. v. Commonwealth of Kentucky

Date: Apr 27, 2012

Kentucky Supreme Court Upholds Trial Court's Decision Against Termination of Parental Rights in D.G.R. v. Commonwealth of Kentucky Introduction The landmark case of D.G.R.; and T.B.H., Appellants, v....

Imposition of Court Costs on Indigent Defendants: Insights from Maynes v. Commonwealth of Kentucky

Date: Mar 23, 2012

Imposition of Court Costs on Indigent Defendants: Insights from Maynes v. Commonwealth of Kentucky Introduction The landmark case of Desean Maynes v. Commonwealth of Kentucky (361 S.W.3d 922)...

Proper Administration of Oaths in Search Warrant Affidavits: Ronald Copley v. Commonwealth of Kentucky

Date: Mar 23, 2012

Proper Administration of Oaths in Search Warrant Affidavits: Ronald Copley v. Commonwealth of Kentucky Introduction The case of Ronald Copley v. Commonwealth of Kentucky (361 S.W.3d 902) adjudicated...

Limits on Department Authority in Modifying Presentencing Custody Credit: Insights from Bard v. Commonwealth of Kentucky

Date: Mar 17, 2012

Limits on Department Authority in Modifying Presentencing Custody Credit: Insights from Bard v. Commonwealth of Kentucky Introduction The case of Peter Bard v. Commonwealth of Kentucky (359 S.W.3d 1,...

Application of Anders Procedures in Termination of Parental Rights Appeals: A.C. v. Cabinet for Health and Family Services

Date: Feb 25, 2012

Application of Anders Procedures in Termination of Parental Rights Appeals: A.C. v. Cabinet for Health and Family Services Introduction The case A.C., Appellant, v. Cabinet for Health and Family...

Piercing the Corporate Veil in Parent-Subsidiary Relationships: Inter-Tel Technologies v. Linn Station

Date: Feb 24, 2012

Piercing the Corporate Veil in Parent-Subsidiary Relationships: Inter-Tel Technologies v. Linn Station 1. Introduction The case of Inter–Tel Technologies, Inc. and Inter–Tel, Inc. v. Linn Station...

Kentucky Supreme Court Mandates Due Process in Restitution Sentencing

Date: Dec 23, 2011

Kentucky Supreme Court Mandates Due Process in Restitution Sentencing Introduction The case of Thomas E. Jones Jr. v. Commonwealth of Kentucky (382 S.W.3d 22) adjudicated by the Supreme Court of...

Written Findings Requirement in Child Custody Modifications: Keifer v. Keifer

Date: Oct 28, 2011

Written Findings Requirement in Child Custody Modifications: Keifer v. Keifer Introduction Keifer v. Keifer, 354 S.W.3d 123 (Ky. 2011), adjudicated by the Supreme Court of Kentucky, addresses a...

Shawnee Telecom v. Brown: Defining 'Fair Value' in Dissenters' Rights Actions in Kentucky

Date: Oct 28, 2011

Shawnee Telecom v. Brown: Defining 'Fair Value' in Dissenters' Rights Actions in Kentucky Introduction The case of Shawnee Telecom Resources, Inc., Successor by Merger to Shawnee Technology, Inc.,...

Issue Preservation and Appellate Review: Fischer v. Fischer Establishes Critical Precedent

Date: Oct 28, 2011

Issue Preservation and Appellate Review: Fischer v. Fischer Establishes Critical Precedent Introduction Fischer v. Fischer, 348 S.W.3d 582 (Ky. 2011), adjudicated by the Supreme Court of Kentucky,...

Comprehensive Analysis of William Harry Meece v. Commonwealth of Kentucky

Date: Oct 28, 2011

Establishing Procedural Safeguards in Capital Sentencing: Analysis of William Harry Meece v. Commonwealth of Kentucky Introduction The appellate case of William Harry Meece v. Commonwealth of...