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defining-direct-and-derivative-claims:-delaware&amp Case Commentaries

Vacatur-Only for Improper Jail Fees and Judicial Discretion to Hear Non‑Designated Family Victim Impact Statements at Sentencing

Vacatur-Only for Improper Jail Fees and Judicial Discretion to Hear Non‑Designated Family Victim Impact Statements at Sentencing

Date: Oct 28, 2025
Vacatur-Only for Improper Jail Fees and Judicial Discretion to Hear Non‑Designated Family Victim Impact Statements at Sentencing Case: Gary Lee Morgan v. Commonwealth of Kentucky Court: Supreme Court...
“Vulnerable Victim” Is Not an Element: Kentucky Clarifies KRS 501.100’s Role, Reconsiders Invited-Error Waiver for Jury Instructions, and Approves Limited Support-Person Accommodation

“Vulnerable Victim” Is Not an Element: Kentucky Clarifies KRS 501.100’s Role, Reconsiders Invited-Error Waiver for Jury Instructions, and Approves Limited Support-Person Accommodation

Date: Oct 28, 2025
“Vulnerable Victim” Is Not an Element: Kentucky Clarifies KRS 501.100’s Role, Reconsiders Invited-Error Waiver for Jury Instructions, and Approves Limited Support-Person Accommodation Introduction In...
Elapsed Time Alone Does Not Trigger SCR 3.503(6) Bar‑Exam Requirement: Conditional Reinstatement Granted in In re Eric Shane Grinnell

Elapsed Time Alone Does Not Trigger SCR 3.503(6) Bar‑Exam Requirement: Conditional Reinstatement Granted in In re Eric Shane Grinnell

Date: Oct 28, 2025
Elapsed Time Alone Does Not Trigger SCR 3.503(6) Bar‑Exam Requirement: Conditional Reinstatement Granted in In re Eric Shane Grinnell Introduction In a published opinion and order entered October 23,...
Consecutive Suspensions for Probation Violations: Kentucky Supreme Court Clarifies Sanctioning Under SCR 3.480(2)

Consecutive Suspensions for Probation Violations: Kentucky Supreme Court Clarifies Sanctioning Under SCR 3.480(2)

Date: Oct 28, 2025
Consecutive Suspensions for Probation Violations: Kentucky Supreme Court Clarifies Sanctioning Under SCR 3.480(2) Case: In re: Nicholas Scott Calmes (2025-SC-0313-KB) consolidated with...
KRE 412 Hearings Must Include All Co‑Defendants: Kentucky Supreme Court Affirms Convictions and Clarifies Translation, Bruton, and Record‑Supplement Rules

KRE 412 Hearings Must Include All Co‑Defendants: Kentucky Supreme Court Affirms Convictions and Clarifies Translation, Bruton, and Record‑Supplement Rules

Date: Oct 28, 2025
KRE 412 Hearings Must Include All Co‑Defendants: Kentucky Supreme Court Affirms Convictions and Clarifies Translation, Bruton, and Record‑Supplement Rules Case: Isabel Tzunux‑Zacarias v. Commonwealth...
Executors Are Not Immunized From Felony Prosecution: Circuit Courts Retain Felony Jurisdiction Despite Ongoing Probate Proceedings

Executors Are Not Immunized From Felony Prosecution: Circuit Courts Retain Felony Jurisdiction Despite Ongoing Probate Proceedings

Date: Oct 28, 2025
Executors Are Not Immunized From Felony Prosecution: Circuit Courts Retain Felony Jurisdiction Despite Ongoing Probate Proceedings Case: James F. Dinwiddie, Jr. v. Kenneth Harold Goff, II;...
Record Proof or No Jail Fees: Kentucky High Court Affirms “Substantial Risk” Fleeing Conviction, Reimposes the KRS 532.110(1)(c) Aggregate Cap, and Clarifies Post‑2022 Jail‑Fee Authority

Record Proof or No Jail Fees: Kentucky High Court Affirms “Substantial Risk” Fleeing Conviction, Reimposes the KRS 532.110(1)(c) Aggregate Cap, and Clarifies Post‑2022 Jail‑Fee Authority

Date: Oct 28, 2025
Record Proof or No Jail Fees: Kentucky High Court Affirms “Substantial Risk” Fleeing Conviction, Reimposes the KRS 532.110(1)(c) Aggregate Cap, and Clarifies Post‑2022 Jail‑Fee Authority Case: James...
No Absolute Right to Mid‑Trial Pleas or Stipulations: Kentucky Reaffirms “Complete‑Story” Evidence and Admissibility of Defendant‑Initiated Post‑Arraignment Interviews

No Absolute Right to Mid‑Trial Pleas or Stipulations: Kentucky Reaffirms “Complete‑Story” Evidence and Admissibility of Defendant‑Initiated Post‑Arraignment Interviews

Date: Oct 28, 2025
No Absolute Right to Mid‑Trial Pleas or Stipulations: Kentucky Reaffirms “Complete‑Story” Evidence and Admissibility of Defendant‑Initiated Post‑Arraignment Interviews Case: Jeremy Lewis v....
Reaffirming the Jett Rule and Policing Lay Narration: Handling Recanting Child Witnesses and Prosecutor-as‑Witness Missteps Under Harmless/Palpable Error

Reaffirming the Jett Rule and Policing Lay Narration: Handling Recanting Child Witnesses and Prosecutor-as‑Witness Missteps Under Harmless/Palpable Error

Date: Oct 28, 2025
Reaffirming the Jett Rule and Policing Lay Narration: Handling Recanting Child Witnesses and Prosecutor-as‑Witness Missteps Under Harmless/Palpable Error Note on publication status: This is an...
Reanimating the Best Evidence Rule’s Common‑Law Predicate: Masters v. Commonwealth Requires Last‑Custodian Testimony and a Diligent Search Before Admitting Duplicates Under KRE 1004

Reanimating the Best Evidence Rule’s Common‑Law Predicate: Masters v. Commonwealth Requires Last‑Custodian Testimony and a Diligent Search Before Admitting Duplicates Under KRE 1004

Date: Oct 28, 2025
Reanimating the Best Evidence Rule’s Common‑Law Predicate: Masters v. Commonwealth Requires Last‑Custodian Testimony and a Diligent Search Before Admitting Duplicates Under KRE 1004 Introduction In...
Equal-Rank Ad Valorem Tax Liens Must Be Satisfied Pro Rata: Kentucky Supreme Court Carves a Statutory Exception to Race‑Notice Priority

Equal-Rank Ad Valorem Tax Liens Must Be Satisfied Pro Rata: Kentucky Supreme Court Carves a Statutory Exception to Race‑Notice Priority

Date: Oct 28, 2025
Equal-Rank Ad Valorem Tax Liens Must Be Satisfied Pro Rata: Kentucky Supreme Court Carves a Statutory Exception to Race‑Notice Priority Case: Keith Smith and Jessica Smith v. Apex Fund Services, as...
KRS 342.7305(4) as Statutory Manifestation Rule for Occupational Hearing Loss: Kentucky Jurisdiction Without Extraterritorial Analysis When the One‑Year Exposure Presumption Attaches

KRS 342.7305(4) as Statutory Manifestation Rule for Occupational Hearing Loss: Kentucky Jurisdiction Without Extraterritorial Analysis When the One‑Year Exposure Presumption Attaches

Date: Oct 28, 2025
KRS 342.7305(4) as Statutory Manifestation Rule for Occupational Hearing Loss: Kentucky Jurisdiction Without Extraterritorial Analysis When the One‑Year Exposure Presumption Attaches Case: Kentucky...
Juror Exposure to Media Reports of the Trial Judge’s Perjury Arrest of a Key Witness Constitutes Structural Error Requiring Reversal

Juror Exposure to Media Reports of the Trial Judge’s Perjury Arrest of a Key Witness Constitutes Structural Error Requiring Reversal

Date: Oct 28, 2025
Juror Exposure to Media Reports of the Trial Judge’s Perjury Arrest of a Key Witness Constitutes Structural Error Requiring Reversal Introduction In Kevon Lawless v. Commonwealth of Kentucky, the...
Admonitions Cure and Mistrial as an Extreme Remedy: Kentucky Supreme Court Reaffirms High Bar and Wide Latitude in Closing Argument in Stone v. Commonwealth (Unpublished)

Admonitions Cure and Mistrial as an Extreme Remedy: Kentucky Supreme Court Reaffirms High Bar and Wide Latitude in Closing Argument in Stone v. Commonwealth (Unpublished)

Date: Oct 28, 2025
Admonitions Cure and Mistrial as an Extreme Remedy: Kentucky Supreme Court Reaffirms High Bar and Wide Latitude in Closing Argument in Stone v. Commonwealth (Unpublished) Case: Lee Stone v....
KRE 412 hearings must include all co‑defendants; interpreter’s translations of text messages do not trigger Confrontation: Commentary on Tzunux‑Zacarias v. Commonwealth (Ky. 2025)

KRE 412 hearings must include all co‑defendants; interpreter’s translations of text messages do not trigger Confrontation: Commentary on Tzunux‑Zacarias v. Commonwealth (Ky. 2025)

Date: Oct 28, 2025
KRE 412 hearings must include all co‑defendants; interpreter’s translations of text messages do not trigger Confrontation: Commentary on Tzunux‑Zacarias v. Commonwealth (Ky. 2025) Note on citation...
“Commercial Sexual Activity” Without Monetary Exchange: Kentucky Supreme Court (Unpublished) Affirms Human Trafficking Conviction Based on Obscene Material and Sexually Explicit Performances

“Commercial Sexual Activity” Without Monetary Exchange: Kentucky Supreme Court (Unpublished) Affirms Human Trafficking Conviction Based on Obscene Material and Sexually Explicit Performances

Date: Oct 28, 2025
“Commercial Sexual Activity” Without Monetary Exchange: Kentucky Supreme Court (Unpublished) Affirms Human Trafficking Conviction Based on Obscene Material and Sexually Explicit Performances Case:...
Separate Misconduct, Separate Punishments: Kentucky High Court Signals Consecutive Suspensions When New Violations Breach Disciplinary Probation

Separate Misconduct, Separate Punishments: Kentucky High Court Signals Consecutive Suspensions When New Violations Breach Disciplinary Probation

Date: Oct 28, 2025
Separate Misconduct, Separate Punishments: Kentucky High Court Signals Consecutive Suspensions When New Violations Breach Disciplinary Probation Introduction In a published opinion and order dated...
Jurisdictional Discovery First: Kentucky Supreme Court Requires “Ample Opportunity” Before Dismissing for Lack of Personal Jurisdiction; Indirect “Substantial Revenue” Satisfies the Long-Arm Statute

Jurisdictional Discovery First: Kentucky Supreme Court Requires “Ample Opportunity” Before Dismissing for Lack of Personal Jurisdiction; Indirect “Substantial Revenue” Satisfies the Long-Arm Statute

Date: Oct 28, 2025
Jurisdictional Discovery First: Kentucky Supreme Court Requires “Ample Opportunity” Before Dismissing for Lack of Personal Jurisdiction; Indirect “Substantial Revenue” Satisfies the Long-Arm Statute...
KRS 532.110’s Aggregate Cap Controls PFO‑2–Enhanced Class D Felonies; Competency for Resentencing Measured at the Time of Resentencing

KRS 532.110’s Aggregate Cap Controls PFO‑2–Enhanced Class D Felonies; Competency for Resentencing Measured at the Time of Resentencing

Date: Oct 28, 2025
KRS 532.110’s Aggregate Cap Controls PFO‑2–Enhanced Class D Felonies; Competency for Resentencing Measured at the Time of Resentencing Introduction In Thomas R. Moore v. Commonwealth of Kentucky...
RAP 21 Stays Require Particularized, Immediate Irreparable Harm: No Automatic Stay of Merits Pending Class-Certification Appeals

RAP 21 Stays Require Particularized, Immediate Irreparable Harm: No Automatic Stay of Merits Pending Class-Certification Appeals

Date: Oct 28, 2025
RAP 21 Stays Require Particularized, Immediate Irreparable Harm: No Automatic Stay of Merits Pending Class-Certification Appeals Case: Toby Berry, on Behalf of Himself and a Certified Class v....
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