Kentucky Case Commentaries

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...

Right to Appointed Counsel in Post-Conviction Proceedings: FRASER v. COMMONWEALTH OF KENTUCKY

Date: Sep 28, 2001

Right to Appointed Counsel in Post-Conviction Proceedings: FRASER v. COMMONWEALTH OF KENTUCKY Introduction Robert Fraser, the appellant, was convicted of murder and two counts of tampering with...

Affirmation of Summary Judgment in ADA Premises Liability Case

Date: Sep 8, 2001

Affirmation of Summary Judgment in ADA Premises Liability Case Introduction In the case of Theresa Gail Lewis, Administratrix of the Estate of Brenda Carol Helton, and Don Helton v. BR Corporation,...

Wymer v. JH Properties: Reaffirming Workers' Compensation as Exclusive Remedy and Clarifying At-Will Employment in Kentucky

Date: Aug 24, 2001

Wymer v. JH Properties: Reaffirming Workers' Compensation as Exclusive Remedy and Clarifying At-Will Employment in Kentucky Introduction The Supreme Court of Kentucky's decision in Wymer v. JH...

Limits on Aggravating Circumstances for Capital Punishment: Young v. Commonwealth of Kentucky

Date: Aug 24, 2001

Limits on Aggravating Circumstances for Capital Punishment: Young v. Commonwealth of Kentucky Introduction Gerald Young, Erskin Thomas, and Darrell Morbley were defendants in a high-stakes criminal...

Neidlinger v. Neidlinger: Discretion in Attorney Fees and Marital Debt Assignments in Kentucky Divorce Law

Date: Aug 24, 2001

Neidlinger v. Neidlinger: Discretion in Attorney Fees and Marital Debt Assignments in Kentucky Divorce Law Introduction Neidlinger v. Neidlinger (52 S.W.3d 513) is a pivotal case decided by the...

Supreme Court of Kentucky Upholds Vincent Stopher's Murder Conviction and Death Sentence

Date: Aug 16, 2001

Supreme Court of Kentucky Upholds Vincent Stopher's Murder Conviction and Death Sentence Introduction In the landmark case of Vincent Christian Stopher v. Commonwealth of Kentucky, the Supreme Court...

Enforcement of Arbitration Agreements in Consumer Finance: Conseco Finance Servicing Corp. v. Wilder

Date: May 19, 2001

Enforcement of Arbitration Agreements in Consumer Finance: Conseco Finance Servicing Corp. v. Wilder Introduction Conseco Finance Servicing Corp. (f/k/a Green Tree Financial Servicing Corp.) appealed...

Affirmation of Denial of Post-Conviction Relief: Standards for Ineffective Assistance of Counsel in RCr 11.42 Proceedings

Date: Apr 27, 2001

Affirmation of Denial of Post-Conviction Relief: Standards for Ineffective Assistance of Counsel in RCr 11.42 Proceedings Introduction Randy HAIGHT v. COMmonwealth of Kentucky, 41 S.W.3d 436,...

Downing v. Downing: Clarifying Child Support Calculations Beyond Guidelines

Date: Apr 7, 2001

Downing v. Downing: Clarifying Child Support Calculations Beyond Guidelines Introduction Donald R. Downing v. Sharon A. Downing is a pivotal case decided by the Court of Appeals of Kentucky on April...

Discovery of Injury in Medical Malpractice: Wiseman v. Alliant Hospitals Establishes Critical Precedent

Date: Mar 23, 2001

Discovery of Injury in Medical Malpractice: Wiseman v. Alliant Hospitals Establishes Critical Precedent Introduction The case of Deborah Wiseman v. Alliant Hospitals, Inc.; Mario V. Ulfe, MD; Guari...

No Special Relationship Established in Wrongful Death Claim: City of Florence v. Chipman

Date: Feb 27, 2001

No Special Relationship Established in Wrongful Death Claim: City of Florence v. Chipman Introduction In the landmark case of City of Florence, Kentucky; Bobby Jo Wince; John Dolan; and Thomas...

Kentucky Supreme Court Establishes Clergy Liability for Intentional Infliction of Emotional Distress in Special Relationship Cases

Date: Dec 14, 2000

Kentucky Supreme Court Establishes Clergy Liability for Intentional Infliction of Emotional Distress in Special Relationship Cases Introduction The case of Ke v. n Osborne (31 S.W.3d 911) adjudicated...

Strict Adherence to Clear Conveyances: Extrinsic Evidence and Resulting Trusts in Kentucky Real Estate Law

Date: Nov 17, 2000

Strict Adherence to Clear Conveyances: Extrinsic Evidence and Resulting Trusts in Kentucky Real Estate Law Introduction The case of Sue Ellen Hoheimer v. Kenneth R. Hoheimer, adjudicated by the...

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