Kentucky Court Report—SCOKY & COA

Recent Posts from Kentucky Court Report—SCOKY & COA

• Discretionary Review Grants - October 2009

• Discretionary Review Grants - October 1, 2009 (September minutes): NONE

  No motions for discretionary review were granted in September per Oct. 1, 2009 minutes. Discretionary Review Grants - Pending - As of Aug. 19, 2009

• ATTORNEY DISCIPLINE: SCOKY for October 29, 2009

  ATTORNEY DISCIPLINE A. Kentucky Bar Association v. Roger P. Elliott 2009-SC-000549-KB October 29, 2009 The Supreme Court entered an order confirming attorney’s automatic suspension pursuant to SCR 3.166(1). The rule mandates an automatic suspension from…

• WORKERS COMP - commencement of benefits: Betty J. Sweasy v. Wal-Mart; ALJ; & Workers’ Compensation Board (SC 10/19/2009)

  Betty J. Sweasy v. Wal-Mart; ALJ; & Workers’ Compensation Board 2009-SC-000219-WC October 29, 2009 Opinion of the Court. All sitting; all concur. The Supreme Court reversed the Court of Appeals, holding that the compensable period…

• LEGAL NEGLIGENCE - conflicts of interest, insurance representation: Stephen R. Chappell, Individually and as partners and/or employees of Landrum & Shouse, et al. v. Kuhlman Electric Corp. AND Kuhlman Electric Corp.

  Stephen R. Chappell, Individually and as partners and/or employees of Landrum & Shouse, et al. v. Kuhlman Electric Corp. AND Kuhlman Electric Corp. v. Stephen R. Chappell, Individually and as partners and/or employees of Landrum…

• WORKERS COMP - multiplies and intentional safety violations: Kentucky Associated General Contractors Self-Insurance Fund(KAGC) v. Music Construction, Inc. (SC 10/29/2009)

  Kentucky Associated General Contractors Self-Insurance Fund(KAGC) v. Music Construction, Inc. 2008-SC-000795-DG October 29, 2009 Opinion of the Court. All sitting; all concur. Employee suffered permanent and total disability from a trench collapse. KOSHA subsequently cited…

• CRIMINAL - Jurors (challenges, rehabilitating): Richard Gabbard v. Commonwealth of Kentucky (SC 10/29/2009)

  Richard Gabbard v. Commonwealth of Kentucky 2008-SC-000062-MR October 29, 2009 Opinion by Justice Noble. All sitting; all concur. Gabbard argued hismurder conviction must be reversed under Shane since he was forced touse two peremptory strikes…

• CRIMINAL - Double jeopardy: Tommie Brown v. Commonwealth of Kentucky (SC 10/29/2009)

  Tommie Brown v. Commonwealth of Kentucky 2008-SC-000281-MR October 29, 2009 Opinion by Justice Noble. All sitting; all concur. Brown was convicted ofmultiple charges after an incident where he led police on a high-speedchase. On appeal,…

• CRIMINAL - Forensic interviewer, consecutive sentencing (sex crimes): Michael Cecil v. Commonwealth of Kentucky (SC 10/29/2009)

  Michael Cecil v. Commonwealth of Kentucky 2008-SC-000159-MR October 29, 2009 2008-SC-000369-MR October 29, 2009 Opinion by Justice Cunningham; all sitting. Cecil was indicted on two counts of first-degree rape and one count of intimidating a…

• CRIMINAL - disclosure of agreement re testifying witnesse; criminal facilitation: Andre Finnell v. Commonwealth of Kentucky (SC 10/29/2009)

  Andre Finnell v. Commonwealth of Kentucky 2008-SC-000085-MR October 29, 2009 Opinion by Justice Noble. All sitting; all concur. Finnell was convicted of facilitation of first-degree robbery, reckless homicide and PFO-2 for his role in a…