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  • Commentaries
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comprehensive-interpretation-of-& Case Commentaries

Affirmation of Trial Courts’ Discretion to Amend Penalty-Phase Instructions Mid-Deliberation: Commentary on Bobby Anderson v. Commonwealth of Kentucky (2025)

Affirmation of Trial Courts’ Discretion to Amend Penalty-Phase Instructions Mid-Deliberation: Commentary on Bobby Anderson v. Commonwealth of Kentucky (2025)

Date: Aug 15, 2025
Affirmation of Trial Courts’ Discretion to Amend Penalty-Phase Instructions Mid-Deliberation: Commentary on Bobby Anderson v. Commonwealth of Kentucky (Ky. 2025) Introduction The Supreme Court of...
Blaker v. Kroger – Reaffirming the Independence of Kentucky Workers’ Compensation Adjudications from Social-Security Disability Findings

Blaker v. Kroger – Reaffirming the Independence of Kentucky Workers’ Compensation Adjudications from Social-Security Disability Findings

Date: Aug 15, 2025
Blaker v. Kroger – Reaffirming the Independence of Kentucky Workers’ Compensation Adjudications from Social-Security Disability Findings Introduction In Robert Blaker, Jr. v. The Kroger Company, the...
Affirmative Approval Equals Waiver: Kentucky Supreme Court Re-affirms that Explicit Agreement to Jury Instructions Waives Double-Jeopardy and Jury-Unanimity Claims

Affirmative Approval Equals Waiver: Kentucky Supreme Court Re-affirms that Explicit Agreement to Jury Instructions Waives Double-Jeopardy and Jury-Unanimity Claims

Date: Aug 15, 2025
Affirmative Approval Equals Waiver: Kentucky Supreme Court Re-affirms that Explicit Agreement to Jury Instructions Waives Double-Jeopardy and Jury-Unanimity Claims Introduction Michael Dodson, the...
“Disposal-Likelihood” & Fair-Market Valuation: The Ooten Clarification on Directed-Verdict Standards in Kentucky Theft and Criminal Mischief Cases

“Disposal-Likelihood” & Fair-Market Valuation: The Ooten Clarification on Directed-Verdict Standards in Kentucky Theft and Criminal Mischief Cases

Date: Aug 15, 2025
“Disposal-Likelihood” & Fair-Market Valuation: Ooten v. Commonwealth Clarifies Kentucky’s Directed-Verdict Thresholds in Theft and Criminal Mischief Cases 1. Introduction In Jesse Ooten v....
Restitution and Candor as Absolute Conditions for Bar Reinstatement – A Commentary on In Re: Travis Olen Myles, Jr.

Restitution and Candor as Absolute Conditions for Bar Reinstatement – A Commentary on In Re: Travis Olen Myles, Jr.

Date: Aug 15, 2025
Restitution and Candor as Absolute Conditions for Bar Reinstatement – Supreme Court of Kentucky Defines the Outer Limits in In Re: Travis Olen Myles, Jr. 1. Introduction The Supreme Court of...
No Advantage Through Threats: Kentucky Supreme Court Re-Affirms that Subjective Belief Cannot Excuse Violations of SCR 3.130(3.4)(f) and 8.2(a)

No Advantage Through Threats: Kentucky Supreme Court Re-Affirms that Subjective Belief Cannot Excuse Violations of SCR 3.130(3.4)(f) and 8.2(a)

Date: Aug 15, 2025
No Advantage Through Threats: Kentucky Supreme Court Re-Affirms that Subjective Belief Cannot Excuse Violations of SCR 3.130(3.4)(f) and 8.2(a) 1. Introduction The Supreme Court of Kentucky’s opinion...
“When the Defendant Tells His Own Story” – Kentucky Clarifies the Scope of the
            “Inextricably Intertwined” Exception to KRE 404(b)

“When the Defendant Tells His Own Story” – Kentucky Clarifies the Scope of the “Inextricably Intertwined” Exception to KRE 404(b)

Date: Aug 15, 2025
“When the Defendant Tells His Own Story” – Kentucky Clarifies the Scope of the “Inextricably Intertwined” Exception to KRE 404(b) Introduction In Damon R. Cruse v. Commonwealth of Kentucky (Supreme...
Granting Expert Funding Yet Denying a Continuance: The New Prohibition in Simpson v. Commonwealth of Kentucky

Granting Expert Funding Yet Denying a Continuance: The New Prohibition in Simpson v. Commonwealth of Kentucky

Date: Aug 15, 2025
Granting Expert Funding Yet Denying a Continuance: The New Prohibition in Simpson v. Commonwealth of Kentucky Introduction In Ronald Simpson v. Commonwealth of Kentucky (Supreme Court of Kentucky,...
Extended-Block Visitation and IDEA “Comparable Services” Under Tropea: First Department Affirms Out‑of‑State Relocation Without Requiring Economic Necessity (Matter of Jasmine M. v. Albert M., 2025)

Extended-Block Visitation and IDEA “Comparable Services” Under Tropea: First Department Affirms Out‑of‑State Relocation Without Requiring Economic Necessity (Matter of Jasmine M. v. Albert M., 2025)

Date: Aug 15, 2025
Extended-Block Visitation and IDEA “Comparable Services” Under Tropea: First Department Affirms Out‑of‑State Relocation Without Requiring Economic Necessity Introduction This commentary examines the...
Cuthbertson v. Commonwealth: Clarifying “Forcible Compulsion” and the Limits of Reading Surplusage in Indictments

Cuthbertson v. Commonwealth: Clarifying “Forcible Compulsion” and the Limits of Reading Surplusage in Indictments

Date: Aug 15, 2025
Cuthbertson v. Commonwealth: Clarifying “Forcible Compulsion” and the Limits of Reading Surplusage in Indictments Introduction This commentary examines the Kentucky Supreme Court’s unpublished...
“Physically Impossible Threats” and the Objective Prong of Protection-of-Another – A Commentary on Jones v. Commonwealth (Ky. 2025)

“Physically Impossible Threats” and the Objective Prong of Protection-of-Another – A Commentary on Jones v. Commonwealth (Ky. 2025)

Date: Aug 15, 2025
“Physically Impossible Threats” and the Objective Prong of Protection-of-Another – A Commentary on Jones v. Commonwealth (Ky. 2025) 1. Introduction In Dazzamon R. Jones v. Commonwealth of Kentucky,...
“Agreed-Order Waiver” and the Boundaries of KRE 404(b): A Commentary on Robert Geary v. Commonwealth of Kentucky

“Agreed-Order Waiver” and the Boundaries of KRE 404(b): A Commentary on Robert Geary v. Commonwealth of Kentucky

Date: Aug 15, 2025
“Agreed-Order Waiver” and the Boundaries of KRE 404(b): A Commentary on Robert Geary v. Commonwealth of Kentucky 1. Introduction In Robert Geary v. Commonwealth of Kentucky, the Supreme Court of...
Textual Primacy & Limited Scrivener’s-Error Doctrine in Kentucky Administrative Law – Commentary on Professional Home Health Care v. Commonwealth (Ky. 2025)

Textual Primacy & Limited Scrivener’s-Error Doctrine in Kentucky Administrative Law – Commentary on Professional Home Health Care v. Commonwealth (Ky. 2025)

Date: Aug 15, 2025
Textual Primacy & the Narrow Reach of the Scrivener’s-Error Doctrine: Commentary on Professional Home Health Care v. Commonwealth of Kentucky Cabinet for Health & Family Services, Supreme Court of...
“Qualified Official Immunity Over Special-Relationship Duties” – A Commentary on Paula M. Haney v. City of Paintsville (Ky. 2025)

“Qualified Official Immunity Over Special-Relationship Duties” – A Commentary on Paula M. Haney v. City of Paintsville (Ky. 2025)

Date: Aug 15, 2025
Qualified Official Immunity Over Special-Relationship Duties: The Kentucky Supreme Court’s Comprehensive Immunity Road-Map in Haney v. City of Paintsville (2025) 1. Introduction On 14 August 2025 the...

The “Ross–Haydon Distinction” Reaffirmed:  Sovereign Immunity Bars Refunds of Funds
Due to the Commonwealth but Not of Money Never Owed

The “Ross–Haydon Distinction” Reaffirmed: Sovereign Immunity Bars Refunds of Funds Due to the Commonwealth but Not of Money Never Owed

Date: Aug 15, 2025
The “Ross–Haydon Distinction” Reaffirmed: Kentucky’s High Court Limits Sovereign Immunity to State Funds But Allows Restitution of Money Never Actually Owed 1. Introduction On 14 August 2025 the...
“Equal Authority over Pedestrian and Motorist Stops”: Commentary on Jon Buechele v. Commonwealth of Kentucky (Ky. 2025)

“Equal Authority over Pedestrian and Motorist Stops”: Commentary on Jon Buechele v. Commonwealth of Kentucky (Ky. 2025)

Date: Aug 15, 2025
“Equal Authority over Pedestrian and Motorist Stops” A Comprehensive Commentary on Jon Buechele v. Commonwealth of Kentucky (Supreme Court of Kentucky, 2025) 1. Introduction In Jon Buechele v....
Commonwealth v. Brown: Kentucky Supreme Court Clarifies Admissibility of Third-Party Database Records under KRE 803(17)

Commonwealth v. Brown: Kentucky Supreme Court Clarifies Admissibility of Third-Party Database Records under KRE 803(17)

Date: Aug 15, 2025
Commonwealth v. Brown: Kentucky Supreme Court Clarifies Admissibility of Third-Party Database Records under KRE 803(17) 1. Introduction Isaiah Brown’s appeal required the Supreme Court of Kentucky to...
When Love, Not Marriage, Makes a Parent: Kentucky Recognises Joint De-Facto Custodianship for Unmarried Cohabitants and Resets the Clock on Intervention

When Love, Not Marriage, Makes a Parent: Kentucky Recognises Joint De-Facto Custodianship for Unmarried Cohabitants and Resets the Clock on Intervention

Date: Aug 15, 2025
When Love, Not Marriage, Makes a Parent: Kentucky Recognises Joint De-Facto Custodianship for Unmarried Cohabitants and Resets the Clock on Intervention 1. Introduction In David Lemaster v. Kendra...
“Remedy-Driven Review” – The Kentucky Supreme Court Harmonises Remedies for Illegal Plea-Based Sentences

“Remedy-Driven Review” – The Kentucky Supreme Court Harmonises Remedies for Illegal Plea-Based Sentences

Date: Aug 15, 2025
“Remedy-Driven Review” – The Kentucky Supreme Court Harmonises Remedies for Illegal Plea-Based Sentences 1. Introduction Commonwealth of Kentucky v. Darrell Strunk, 2025-SC-0518-DG, marks the latest...
Supreme Court Clarifies that Unjust-Enrichment Claims Cannot Circumvent Mississippi’s Minutes Rule

Supreme Court Clarifies that Unjust-Enrichment Claims Cannot Circumvent Mississippi’s Minutes Rule

Date: Aug 15, 2025
Supreme Court Clarifies that Unjust-Enrichment Claims Cannot Circumvent Mississippi’s Minutes Rule Introduction In The Mississippi State Port Authority at Gulfport v. Yilport Holding A.S., No....
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