TOPICS DISCUSSED IN RECENT KY. APPELLATE DECISIONS

KY. SUPREME COURT DECISIONS FOR SEPT., 2007 18 decisions - 10 Published decisions w/synopsis -  Six KBA discipline rulings, Incest with Step Child set aside due to Void Marriage w/first cousin, Miranda, teacher’s retirement benefits marital property, prosecutorial misconduct, batson review, forfeiture of property procedures, competency, sentencing, joinder, venue, worker’s compensation

COURT OF APPEALS DECISIONS FOR OCT. 5, 200733 decisions w/keywords & synopsis-

13 PUBLISHED  --TOPICS INCLUDE: NUDE DANCING ORDINANCE UPHELD – FREEDOM OF SPEECH---FIRST AMENDMENT  -  PRESERVATION OF ERROR - CLOSING OF COUNTY ROAD- PUBLIC PASSWAY- TORT OF OUTAGE-DEFAMATION-OPINION - CLOSING ARGUMENT-PAROLE ELIGIBILITY  -- SPEEDY TRIAL  PROBATION REVOCATION STANDARD OF PROOF -- INCONSISENT VERDICTS --  DISMISSAL OF ACTION BY DISTRICT COURT PRIOR TO TRIAL OVERRULED -- SEARCH & SEIZURE – CONSENT TO SEARCH- CONSENT BY TEENAGER- INSTRUCTIONS -- faretta hearing required before allowing def. to represent himself--severance-joinder-double jeopardy of wanton endangerment and fleeing--contempt-improper division of marital property as penalty--coercion to obtain consent to search--prison discipline due process--bifurcation- new trial--11.42 not tolled by 10.26 motion – prosecutorial misconduct-failure of counsel to preserve issue--right to jury trial---automobile accident –punitive damages-concealment-excessive damages--columbus day not a legal holiday for purpose of filing deadlines--search & seizure ---sudden emergency doctrine--planning and zoning –definition of tourist home evidence of prior misdemeanor conviction - bad acts-sentencing-prosecutorial misconduct harmless--Unconscionable property division set aside– illness of party –marital and non-marital property---Coerced confession standards –voluntariness of confession---rape shield law – appeal procedures –citing to the record ---employment contract-  at-will employment- abuse of process – fraud- summary judgment---disability retirement claim---Purchase of retirement time credits

COURT OF APPEALS DECISIONS FOR OCT. 12, 2007 TOPICS DISCUSSED: COMPETENCY TO STAND TRIAL-SEARCH WARRANT – GOOD FAITH EXCEPTION PLANNING & ZONING-MOTION FOR MORE DEFINITE STATEMENT IGNORED DAUBERT – QUALIFICATIONS OF SEX ABUSE NURSE EXPERT-MAINTENANCE-MARITAL DISTRIBUTION--PAROLE CREDIT- SENTENCING--constitutionality of sex offender registration law--sovereign immunity-ministerial vs. discretionary acts --discharge of county employee--outdoor slip and fall on ice--hypnosis evidence – 11.42- missing witness--marihuana possession- privacy rights--parole credit--disability hearing – administrative agency review--findings of fact –child visitation-child visitation- custody -selection of doctor for child – affidavit for change of custody--PLANNING AND ZONING--PROSECUTORIAL MISCONDUCT PUNISHED – COLLATERAL FACT TESTIMONY--Immunity of property owner for land used for recreational purpose-termination of state worker --deDUCtion for dividends paid - board of tax appeals--probable cause for traffic stop – officer lost sight of car--suppression hearing-marihuana not on def’s person--extension of probation--correction of judgment due to clerical error--civil suit filed after relief not granted in divorce hearing--worker’s compensation –violation of safety rule

COURT OF APPEALS DECISIONS FOR OCT. 26, 2007  – Topics: Governor’s spurned lovers lawsuit – appeal- intentional infliction of emotional harm- sovereign immunity of governor- indispensable party-jury instructions- worker’s compensation- subrogation- review of settlement-future medical damages-non marital property tracing- change of insurance policy beneficiary-contract waiver- search and seizure-grand parent visitation-notice of adoption- prosecutor’s promise to recommend early release to parole-11.42 motion-summary judgment-easements-appeal procedure- business invitee – independent contractor- dangers of working on roof-administrative hearing review-standing to consent to search- marital property increase in value – adequate notice prior to hearing-guilty plea- termination of parental rights- joint custody- worker’s compensation - statute of limitations—child custody--Arbitration –choice of law- termination of jail employee-boundary line dispute –suppression hearing – Search & Seizure – Automobile Search-Speedy Trial-sale of real estate- Tax Appeal – Appeal from cross-claim-prejudgment interest-liquidated damages- FSAA CLAIM – Delay in producing discovery-- DUI – Traffic Stop- Juror Coercion – Prosecutorial Misconduct-due process-Statute of Limitations for Trespass by Blasting- Punitive Damages- worker’s compensation

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