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  • Commentaries
  • Judgments

protected-advice-at-life’s-end:-seventh-circuit-holds-indiana’s-funeral-licensing-ban-on-death-doula-counseling-fails-even-under-intermediate-scrutiny—and-consent-orders-don’t-waive-federal-rights Case Commentaries

Transferred Intent, Complicity, and Youthful Offender Sentencing in Kentucky: Commentary on Sturgis v. Commonwealth

Transferred Intent, Complicity, and Youthful Offender Sentencing in Kentucky: Commentary on Sturgis v. Commonwealth

Date: Dec 19, 2025
Transferred Intent, Complicity, and Youthful Offender Sentencing in Kentucky: Commentary on Marique Q. Sturgis v. Commonwealth of Kentucky Court: Supreme Court of Kentucky (Memorandum Opinion, Not to...
Unrelated Drug Questioning During Ongoing Traffic Stops Permissible if It Does Not Prolong the Stop: Commentary on Randall Bays v. Commonwealth of Kentucky

Unrelated Drug Questioning During Ongoing Traffic Stops Permissible if It Does Not Prolong the Stop: Commentary on Randall Bays v. Commonwealth of Kentucky

Date: Dec 19, 2025
Unrelated Drug Questioning During Ongoing Traffic Stops Permissible if It Does Not Prolong the Stop: Commentary on Randall Bays v. Commonwealth of Kentucky I. Introduction This commentary examines...
Abandonment of Practice, Bar Roster Obligations, and Pattern Neglect: Commentary on In re Marcus Daniel Gale (Ky. 2025)

Abandonment of Practice, Bar Roster Obligations, and Pattern Neglect: Commentary on In re Marcus Daniel Gale (Ky. 2025)

Date: Dec 19, 2025
Abandonment of Practice, Bar Roster Obligations, and Pattern Neglect: Commentary on In re Marcus Daniel Gale (Ky. 2025) I. Introduction This published disciplinary opinion of the Supreme Court of...
Equity’s Shield for the Elected Incumbent: London City Council v. Weddle and the Limits of Interlocutory Relief in Municipal Ouster Appeals

Equity’s Shield for the Elected Incumbent: London City Council v. Weddle and the Limits of Interlocutory Relief in Municipal Ouster Appeals

Date: Dec 19, 2025
Equity’s Shield for the Elected Incumbent: London City Council v. Weddle and the Limits of Interlocutory Relief in Municipal Ouster Appeals I. Introduction The Supreme Court of Kentucky’s unpublished...
Waltrip v. Commonwealth: Voluntariness of Alford Pleas, Group Plea Colloquies, and Counsel’s Role in Plea Withdrawal Motions

Waltrip v. Commonwealth: Voluntariness of Alford Pleas, Group Plea Colloquies, and Counsel’s Role in Plea Withdrawal Motions

Date: Dec 19, 2025
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

Kentucky Adopts the Livingston “Substantial Burden” Framework for RLUIPA Land‑Use Claims: Commentary on Missionaries of Saint John the Baptist, Inc. v. Frederic

Date: Dec 19, 2025
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

Reaffirming Probated Suspensions and Treatment-Based Conditions for Alcohol‑Related Criminal Misconduct by Attorneys: Commentary on In re J. Todd P’Pool

Date: Dec 19, 2025
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: Full Privilege for Root Cause Analyses Under the PSQIA and Limits on Incident Report Protection

Baptist Healthcare System, Inc. d/b/a Baptist Health Paducah v. Kitchen & Jones: Full Privilege for Root Cause Analyses Under the PSQIA and Limits on Incident Report Protection

Date: Dec 19, 2025
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

Statutory COVID-19 Immunity Requires a Causal Nexus to the Pandemic: Commentary on Jackson v. Mayfield Ky Opco, LLC

Date: Dec 19, 2025
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 Kentucky Constitution Sections 59 and 60: Commentary on Russell Coleman v. Jefferson County Board of Education

The “Reasonably Articulable Basis” Test for Special and Local Legislation under Kentucky Constitution Sections 59 and 60: Commentary on Russell Coleman v. Jefferson County Board of Education

Date: Dec 19, 2025
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

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

Date: Dec 19, 2025
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

Trustworthiness, Curtilage, and Alternative‑Perpetrator Defenses: Commentary on Gregory M. Heightchew v. Commonwealth of Kentucky

Date: Dec 19, 2025
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

Kentucky Board of Medical Licensure v. Wingate: Writs of Prohibition, Subject-Matter Jurisdiction, and Statutes of Limitation in Declaratory Actions Against Administrative Agencies

Date: Dec 19, 2025
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

No Discovery into Insurers’ Non‑Settlement Litigation Conduct in Kentucky Bad‑Faith Actions: Commentary on Allied World Specialty Insurance Co. v. Wingate

Date: Dec 19, 2025
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

Hartsfield v. Commonwealth: No “Human Lie Detector” Opinions on Body‑Camera Recordings

Date: Dec 19, 2025
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 Co.

When Does Malicious Prosecution “Occur” for Insurance Purposes in Kentucky? Commentary on Colemon v. Westport Insurance Co.

Date: Dec 19, 2025
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)

Joinder, Rape-Shield Limits, Child Witness Confrontation, and Course-of-Conduct Double Jeopardy in Watts v. Commonwealth (Ky. 2025)

Date: Dec 19, 2025
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

Challenging Parole Eligibility Under Kentucky’s Safer Kentucky Act: Administrative Route Required and Related Trial Issues in Bentley v. Commonwealth

Date: Dec 19, 2025
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

Balancing Mental Health Mitigation and Recidivist Misconduct in Negotiated Attorney Sanctions: Commentary on In re Daniel Louis Thompson

Date: Dec 19, 2025
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

Defining “Emergency Medical Service First Response Provider” Under KRS 311A.027: Fire Departments Without Ambulance Services May Impose Residency Requirements

Date: Dec 19, 2025
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...
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