Kentucky Supreme Court Coverage

Kentucky Supreme Court Coverage

All Past Episodes

University of Kentucky, a/k/a UK Healthcare, et al. v. Sarah R. Moore, et al.

54:00 | #127

At issue is the collection of accounts owed to the University of Kentucky hospital. (Referral to the Kentucky Department of Revenue under KRS 45.237 et seq. and KRS 45.241.) Arguments heard on June 6, 2019.

Richard A. Getty, et al. v. Brenda Sue Bridges Getty, et al.

59:52 | #126

At issue is whether there was sufficient evidence of lack of testamentary capacity and undue influence to overcome a motion for directed verdict. Also, whether the surviving spouse may be liable for misappropriation of marital property before and/or after the death of her husband. Finally, was there a basis for holding the surviving spouse and her counsel in contempt of court for proceeding with cremation of the body of the deceased? Arguments heard on June 6, 2019.

Donald G. Adams v. Commonwealth of Kentucky

24:52 | #125

At issue is whether a defendant's Class D felony convictions qualify for expungement as a "single incident" under KRS 431.073 when: (1) the defendant was convicted on four counts of theft by unlawful taking; (2) all four theft counts were charged in a single indictment; (3) the thefts occurred over a six-month period; and (4) all four thefts involved the same victim and the same type of property. Arguments heard on June 6, 2019.

Commonwealth of Kentucky, Cabinet for Health and Family Services V.H.C., et al.

52:51 | #124

The issues include the propriety of funding expert witnesses as sought by indigent parents in dependency, neglect, or abuse proceedings involving their children. Arguments heard on June 5, 2019.

Commonwealth of Kentucky, Cabinet for Health and Family Svs, et al. v. K.S., Mother

59:48 | #123

The issues involve the sufficiency of the evidence of risk of harm as a basis for neglect or abuse supporting termination of parental rights. Arguments heard on June 5, 2019.

Donna Krieger, et al. v. Tamara D. Garvin, et al.

59:52 | #122

At issue is the propriety of awarding "de facto" custodian status to an unmarried couple. Arguments heard on June 5, 2019.

Commonwealth of Kentucky Ex Rel. Andy Beshear, Atty General v. Matthew G. Bevin, Governor

46:30 | #121

At issue are Executive Orders 2017-334 and 2017-364. KRS 12.028 regarding the reorganization of Kentucky Education Boards. Arguments heard on April 12, 2019.

Debra Marshall V. Montaplast of North America, Inc

59:46 | #120

At issue is the propriety of terminating a factory worker's employment for telling three co-workers that a supervisor is a registered sex offender. Arguments heard on April 12, 2019.

Commonwealth of Kentucky v. Alger Ferguson and Alger Ferguson v. Commonwealth of Kentucky

59:52 | #119

At issue is whether the defendant was entitled to a new trial when he and his trial counsel disagreed as to how to present his defense (suicide of the victim) to the charge of murder, resulting in the movant seeking to represent himself at the close of the Commonwealth's case-in-chief. Also whether the failure of trial counsel to conduct a reasonable investigation of the suicide defense and to retain an expert to support it denied the movant his right to effective assistance of counsel. Arguments heard on April, 12, 2019.

Angela Maggard, M.D. V. Bruce Kinney, M.D.

01:04:50 | #118

At issue is whether the judicial statements privilege immunizes a complainant for allegedly defamatory statements made to the Kentucky Board of Medical Licensure in a written grievance or during grievance-related proceedings. Arguments heard on April 11, 2019.

William M. Landrum, III, as Official Sec. of the Finance and Admin. Cabinet v. Comm. of KY, ex rel. Andy Beshear, A.G., et al.

01:10:50 | #115

"Attorney General's power to enter into contingency fee contracts with outside counsel."

Carol Greissman v. Rawlings and Associates, PLLC

59:00 | #114

"Torts. Wrongful Termination. Public Policy Exception. Lawyers. Whether a lawyer who is terminated for refusing to violate the Supreme Court Rules of Professional Conduct has a viable claim for wrongful termination under the public policy exception to at-will employment."

Kentucky Employees Retirement System, et al. v. Seven Counties Services, Inc.

01:30:50 | #113

Whether Seven Counties Services, Inc.'s participation as a department in, and its contributions to the Kentucky Employees Retirement System are based on a contractual or statutory obligation."

Dixie Meinders, et al. v. Daryl K. Middleton

59:50 | #112

"KRE 403.270(1). De Facto Custodian. Tolling of time period for determination of de facto custodian status by filing of petition for custody by biological parent. Whether the alleged de facto custodian had satisfied the requirements of the statute prior to the filing of a custody petition by the biological father."

Commonwealth of Kentucky, Cabinet for Health and Family Services V.N.B.D.

59:50 | #111

"Role of Kentucky family courts in addressing the federal special immigrant juvenile ("SIJ") status prerequisites of 8 U.S.C. A? 1101(a)(27)(J) in state dependency/neglect/abuse ("DNA") proceedings."

Joshua McAlpin v. Commonwealth of Kentucky

59:40 | #109

"Criminal Law. Constructive Possession of a Controlled Substance. Unanimity of a Verdict. The issue is whether language of a jury instruction violated the unanimity requirement, when the evidence gathered in the search of an apartment was allegedly only constructively possessed by the defendant."

Rodericka Bryant v. Louisville Metro Housing Authority, et al.

59:50 | #108

"Governmental Immunity. Torts. Negligence. Issues include whether Louisville Metro Housing Authority is entitled to governmental immunity from the plaintiff's claims related to her child's shooting death at a housing authority apartment."

Keith Randall Sparkman, D/B/A In-Depth Sanitary Service Group v. Consol Energy, Inc., et al.

59:50 | #107

"Tortious Interference with Contract by a Parent Corporation of a Wholly Owned Subsidiary. The issue of first impression in this case is whether claims for a tortious interference with a contract are barred under any circumstances against a parent corporation which prematurely terminates contracts entered into by its wholly-owned subsidiary, or whether and under what circumstances, such claims may be permitted against the parent corporation, and if so, whether the evidence in this case warranted submission of that claim to the jury for consideration."

Raymond Hayes, et al. v. D.C.I. Properties-D. KY, LLC, et al. (2017-SC-000340-DG)

28:52 | #106

"Torts. Personal Injury. Trespasser. Attractive Nuisance. Issues include whether the 16-year-old plaintiff can recover for injuries sustained when he trespassed on the defendant's construction site."

Barbara Smith v. Bonnie Smith (2017-SC-000348-DG)

01:08:52 | #105

"Torts. Personal Injury. Slip and Fall. Issues include whether the status of a visitor as an invitee or licensee or trespasser continues to define the scope of the property owner's duty to the visitor."

Shannon Jones, et al. v. David Wayne Bailey (2017-SC-000203-DG) and David W. Bailey v. Shannon Jones, et al. (2017-SC-000604-DG)

52:52 | #104

"Parole Board. Entitlement to Assistance of Counsel. The issues include whether the final post-incarceration sex offender supervision revocation hearing is a "critical stage" of the proceeding, triggering entitlement to assistance of counsel."

Louisville and Jefferson County Metropolitan Sewer District v. T+C Contracting, INC.(2017-SC-000274-DG)

49:00 | #103

"Contract. Fairness in Construction Act. KRS 371.405. Issues include whether the dispute resolution provisions in the parties' contract, which deem the contractor's claim for additional compensation from MSD waived if certain procedural requirements are not met, violate the Fairness in Construction Act."

Lee Comley v. Auto-Owners Insurance Company

42:00 | #102

"Insurance Law. Homeowners Coverage. The issues, involving potential coverage for damage to a home resulting from a nearby water main break, concern the scope of the "water damage" exclusions as to "water below the surface of the ground . . . which . . flows, seeps or leaks through any part of a building" and as to "regardless of the cause . . . flood.""

Commonwealth of Kentucky v. Michael Padgett (2017--SC-000441-DG) and Michael Padgett v. Commonwealth of KY (2017--SC-000661-DG)

44:00 | #101

"Criminal Law. Mistrial. Double Jeopardy. Issues involve a pretrial ruling and whether the trial court abused discretion in declaring a mistrial after defense counsel's perceived violation of that ruling."

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