Reverse Hammer Clauses in Kentucky: Courts May Impose the Original Plea Sentence After a Conditional Leniency Offer Is Breached by a New Arrest—So Long as Sentencing Discretion Is Independently...
Kentucky ORA “Agency-Custody” Rule: Private Emails and Texts of Volunteer Commission Members Are Not “Public Records” I. Introduction In Kentucky Department of Fish and Wildlife Resources Commission...
R.L.P. v. Commonwealth of Kentucky: KRS Chapter 202C Upheld—“Potential Guilt” Screening by Preponderance Without Jury Is Constitutional in Civil Commitment 1. Introduction In R.L.P. v. Commonwealth...
Voluntary Intoxication and Directed Verdicts: Intent and “True Threats” May Be Inferred from Conduct and Context During Resistance to Arrest (Oakley v. Commonwealth) Publication status: The Supreme...
When the Victim’s State of Mind Is Not “At Issue”: Limiting Uncommunicated Threats, Admitting Prior DV to Rebut “Crossfire,” and Permitting Foreseeable Expert Nuance Introduction In Christopher...
Kentucky Rejects Derivative Sovereign Immunity for Highway Design Consultants; “Mandated Design” and Federal Standards Do Not Bar Parallel Negligence Claims I. Introduction In Hdr Engineering, Inc....
Kentucky Rejects Automatic Immunity and Broad Federal Preemption for Highway Design Consultants Case: HMB Professional Engineers, Inc. v. Kristina L. Ives, Individually (consolidated appeals) Court:...
Joinder of Separately Committed Child-Sex Offenses in a Single Household; KRE 412 “Demonstrably False” Gatekeeping for Prior-Accusation Impeachment; No Confrontation Violation from Witness Seating...
Hybrid Counsel Limits: Closing Argument Cannot Substitute for Testimony; Separate Victim Counts for Promoting a Sexual Performance by a Minor Introduction In John Taylor v. Commonwealth of Kentucky,...
Workers’ Compensation Fee Appeals After Mahl: KRS 342.320 Counsel Must Be Joined, but Nonjoinder Is Not Automatically Jurisdictional Introduction In Kelly Porter v. Axelon, Inc. (Ky. Apr. 23, 2026)...
Three-Multiplier Requires Specific Findings Linking Work Injury to Inability to Perform Pre-Injury Job (KRS 342.730(1)(c)1); Board May Vacate and Remand When ALJ’s Explanation Lacks Record Support 1....
Kentucky ORA “Custody-and-Status” Rule: Volunteer Commission Members’ Private Emails/Texts Are Not Public Records Absent Public-Agency Custody Case: Kentucky Open Government Coalition, Inc. v....
Palpable-Error Reversal for Moss “Liar-or-Truth-Teller” Cross-Examination in a Credibility-Dependent Controlled-Buy Case I. Introduction In Paul Jones v. Commonwealth of Kentucky (Ky. Apr. 23, 2026),...
No “Per Se” Conflict or Plea Withdrawal Where Coercion Claims Target the Mediator/Prosecutor, Not Defense Counsel Introduction In Richard Tower v. Commonwealth of Kentucky (Ky. Apr. 23, 2026) (Not to...
Kentucky Whistleblower Act Retaliation Requires a “Materially Adverse” Employment Action (KCRA/Burlington Standard Adopted) 1. Introduction In Sgt. Kevin Burton; Lt. Frank Chad Taylor; and Sgt. Mike...
Highway Design Consultants Are Not Cloaked with the Commonwealth’s Immunity; “Mandated Design” Is a Fact Question; FHWA/AASHTO Standards Do Not Preempt Parallel Kentucky Negligence Claims...
Supervisory Writ Voids Judicial Impeachment Based on Case Rulings: Verified-Petition Compliance, Separation of Powers, and Due Process Limits Introduction In Julie Muth Goodman v. Jason Nemes, in His...
Supervisory-Writ Limits on Legislative Impeachment of Sitting Judges for Judicial Rulings Commentary on Julie Muth Goodman v. Jason Nemes, in His Official Capacity as Chair of the House of...
Waiver by Affirmative Approval of Jury Instructions and Limits on Speculative Digital-Extraction Challenges (Hatfield v. Commonwealth) Introduction In Ryan Hatfield v. Commonwealth of Kentucky, the...
Hall v. Commonwealth: Defendant Bears Burden to Disqualify Entire Prosecutor’s Office When Former Defense Counsel Joins That Office; Broad Admissibility of Crime-Context Evidence in...