Waltrip v. Commonwealth: Voluntariness of Alford Pleas, Group Plea Colloquies, and Counsel’s Role in Plea Withdrawal Motions I. Introduction The Supreme Court of Kentucky’s unpublished memorandum...
Kentucky Adopts the Livingston “Substantial Burden” Framework for RLUIPA Land‑Use Claims Commentary on Missionaries of Saint John the Baptist, Inc. v. Frederic, Supreme Court of Kentucky (Dec. 18,...
Reaffirming Probated Suspensions and Treatment-Based Conditions for Alcohol‑Related Criminal Misconduct by Attorneys: Commentary on In re J. Todd P’Pool I. Introduction The Supreme Court of...
Baptist Healthcare System, Inc. d/b/a Baptist Health Paducah v. Kitchen & Jones (Ky. 2025): Full Protection for Root Cause Analyses Under the PSQIA and No Privilege for Mandatory Incident Reports I....
Statutory COVID-19 Immunity Requires a Causal Nexus to the Pandemic: Commentary on Jackson v. Mayfield Ky Opco, LLC I. Introduction The Supreme Court of Kentucky’s decision in Hollie Jackson, as...
The “Reasonably Articulable Basis” Test for Special and Local Legislation under Sections 59 and 60 of the Kentucky Constitution 1. Introduction This commentary analyzes the Kentucky Supreme Court’s...
Discretionary Denial of Indefinite Suspension for Failure to Answer Bar Charges: In re McLaughlin and the Role of Mitigation and KYLAP in Kentucky Lawyer Discipline I. Introduction In In re: Arthur...
Trustworthiness, Curtilage, and Alternative‑Perpetrator Defenses: Commentary on Gregory M. Heightchew v. Commonwealth of Kentucky I. Introduction This unpublished decision of the Supreme Court of...
Kentucky Board of Medical Licensure v. Wingate: Writs of Prohibition, Subject-Matter Jurisdiction, and Statutes of Limitation in Declaratory Actions Against Administrative Agencies I. Introduction...
No Discovery into Insurers’ Non‑Settlement Litigation Conduct in Kentucky Bad‑Faith Actions: Commentary on Allied World Specialty Insurance Co. v. Wingate I. Introduction This memorandum opinion of...
Hartsfield v. Commonwealth: No “Human Lie Detector” Opinions on Body‑Camera Recordings I. Introduction In Tyrone Antoinne Hartsfield v. Commonwealth of Kentucky, the Supreme Court of Kentucky...
When Does Malicious Prosecution “Occur” for Insurance Purposes in Kentucky? Commentary on Colemon v. Westport Insurance Company I. Introduction The Supreme Court of Kentucky’s decision in Jerel...
Joinder, Rape-Shield Limits, Child Witness Confrontation, and Course-of-Conduct Double Jeopardy in Watts v. Commonwealth (Ky. 2025) I. Introduction The Kentucky Supreme Court’s memorandum opinion in...
Challenging Parole Eligibility Under Kentucky’s Safer Kentucky Act: Administrative Route Required and Related Trial Issues in Bentley v. Commonwealth I. Introduction This commentary examines the...
Balancing Mental Health Mitigation and Recidivist Misconduct in Negotiated Attorney Sanctions: Commentary on In re Daniel Louis Thompson I. Introduction The Supreme Court of Kentucky’s opinion and...
Defining “Emergency Medical Service First Response Provider” Under KRS 311A.027: Fire Departments Without Ambulance Services May Impose Residency Requirements I. Introduction This commentary analyzes...
Refining Kentucky’s Standards on Lesser-Included Offenses, Alternate Perpetrator Evidence, and KRE 404(b): Commentary on Jonathan Puckett v. Commonwealth of Kentucky Note: This is an analytical...
Sentencing courts retain authority to impose incarceration fees after the 2022 amendment to KRS 441.265; evidentiary limits on a defendant’s case-in-chief must still be assessed for harmlessness;...
Mistaken Belief of Authorization Negates Burglary Mens Rea: The Kentucky Supreme Court’s Unpublished Decision in McVey Case: Charles J. McVey v. Commonwealth of Kentucky Court: Supreme Court of...
ALJs Must Certify the Correct Workers’ Compensation Carrier After a Changed Exposure Date: Insurers Have Standing Without Formal Joinder and Statutory Duties Trump Equitable Defenses Introduction In...