Justia Kentucky Supreme Court Opinion Summaries

James Lynch was stopped in April 2022 under suspicion of driving under the influence and was subjected to five standardized field sobriety tests, including the horizontal gaze nystagmus (HGN) test. Lynch showed signs of impairment and was arrested and charged with DUI. In February 2023, Lynch moved to exclude the HGN test evidence, arguing it was unreliable without expert testimony. The Gallatin District Court agreed, requiring expert testimony for the HGN test and excluding it from evidence.The Commonwealth sought a writ of prohibition from the Gallatin Circuit Court to prevent the exclusion of the HGN test. The circuit court denied the writ, finding that the Commonwealth did not demonstrate great injustice or irreparable injury, as other evidence from the sobriety tests and officer observations could still be used. The Commonwealth appealed to the Court of Appeals, which reversed the circuit court's decision, holding that the exclusion of the HGN test constituted irreparable injury and that the test was admissible without expert testimony if properly administered by a trained officer.The Supreme Court of Kentucky reviewed the case and reversed the Court of Appeals' decision. The Supreme Court held that the Commonwealth failed to demonstrate great injustice or irreparable injury, as required for a writ of prohibition. The court emphasized that the remaining evidence was sufficient for prosecution and that the exclusion of the HGN test did not cause incalculable damage. The case was remanded to the Gallatin Circuit Court to reinstate the order denying the Commonwealth's petition for a writ of prohibition. View "Lynch v. Commonwealth" on Justia Law

Bobby Ray Osborne entered a conditional guilty plea to first-degree trafficking in a controlled substance and possession of drug paraphernalia, receiving a five-year prison sentence. The case arose when officers, acting on a tip about a stolen trailer, visited Osborne's property. Osborne consented to a search, during which he was found with a baggie containing a brown substance believed to be heroin and a large amount of cash. The officers did not find the stolen trailer but obtained a search warrant for Osborne's residence, yielding additional evidence.The Estill Circuit Court denied Osborne's motion to suppress the heroin and cash, finding that he voluntarily consented to the search. Osborne's subsequent motions to reconsider were also denied. He then entered a conditional guilty plea, reserving the right to appeal the suppression ruling. The Kentucky Court of Appeals affirmed the trial court's decision.The Supreme Court of Kentucky reviewed the case to clarify the distinction between a consensual encounter and an investigative detention under the Fourth Amendment. The court affirmed the lower courts' rulings, holding that Osborne voluntarily consented to the search. The court found that the officers' actions did not convert the consensual encounter into an investigative detention. The court also upheld the application of the plain view doctrine, determining that the incriminating nature of the baggie was immediately apparent once Osborne removed it from his pocket. The court concluded that the trial court's findings were supported by substantial evidence and that additional findings were unnecessary. View "Osborne v. Commonwealth" on Justia Law

Petitioners, T.S. and G.G., an unmarried couple, sought to jointly adopt T.S.'s biological granddaughter, for whom they have had permanent custody since 2017. They filed a petition in the Jackson Circuit Court, Family Division, with the biological mother's consent. The Cabinet for Health and Family Services issued a report stating that Kentucky statutes do not allow unmarried couples to jointly adopt, leading the family court to dismiss the petition.The family court's decision was affirmed by the Court of Appeals, which held that the statutes do not permit joint adoption by unmarried couples. The court noted that either petitioner could adopt the child individually or they could marry to jointly adopt her. Petitioners then sought discretionary review from the Supreme Court of Kentucky.The Supreme Court of Kentucky reviewed the case de novo, focusing on whether Kentucky Revised Statutes (KRS) Chapter 199 prohibits unmarried couples from jointly petitioning to adopt. The court held that the statutes do not bar such adoptions. The court interpreted "any person" in KRS 199.470(1) to include unmarried couples, based on statutory construction principles and the precedent set in Krieger v. Garvin. The court also noted that the Cabinet's regulations cannot contravene the adoption statutes.The Supreme Court reversed the Court of Appeals' decision and remanded the case to the Jackson Circuit Court, Family Division, instructing the Cabinet to investigate and report on the adoption petition as required by KRS 199.510. View "G.G. v. Cabinet for Health and Family Services" on Justia Law

Jeremy Mills was convicted in Allen Circuit Court for multiple offenses, including Unlawful Transaction with a Minor, Possession of Matter Portraying Sexual Performance by a Minor, and being a Persistent Felony Offender. Mills met the victim, A.C., through Facebook, where she initially claimed to be eighteen. They met in person, used drugs, and engaged in sexual activities, which Mills recorded. A.C. later revealed she was thirteen. Mills was sentenced to twenty years in prison.The Allen Circuit Court jury acquitted Mills of rape, strangulation, and kidnapping charges but convicted him on other counts. Mills argued that he never knew A.C. was underage, a claim contradicted by A.C. and Edward Troutt, a fellow inmate who testified that Mills confessed to knowing A.C.'s true age. Mills contended that Troutt fabricated the confession after accessing his case file.The Supreme Court of Kentucky reviewed the case, focusing on Mills' claim of a Brady violation due to the Commonwealth's failure to disclose a video interview with Troutt. The Court found that the video, which contained inconsistencies with Troutt's trial testimony, was favorable impeachment evidence. The trial court's failure to disclose this evidence and its refusal to recall Troutt for cross-examination constituted a Brady violation. The Supreme Court held that this violation undermined confidence in the verdict, warranting a reversal of Mills' convictions and a remand for further proceedings. View "Mills v. Commonwealth" on Justia Law

David Young was convicted by a jury in the Lewis Circuit Court of wanton murder, two counts of first-degree assault, and DUI with aggravating circumstances. The incident occurred on May 18, 2020, when Young, after consuming several beers, lost control of his vehicle in heavy rain, crossed the centerline, and collided head-on with a car driven by Jessica Tumlin, resulting in her death and serious injuries to two minor passengers, C.C. and B.M. Young's blood alcohol content was found to be 0.156 nearly three hours after the collision.The trial court denied Young's motion for a directed verdict on the murder charge, and he was convicted on all counts, receiving a sentence of twenty-five years' imprisonment. Young appealed, raising several issues, including the sufficiency of evidence for the murder charge, exclusion of a defense witness, limitations on discussing DUI per se law, sufficiency of evidence for serious physical injury to B.M., and a double jeopardy claim regarding the DUI and murder charges.The Supreme Court of Kentucky affirmed the murder and assault convictions but found a double jeopardy violation with the DUI conviction. The court held that the DUI conviction should be vacated because the elements required to prove DUI were subsumed within the wanton murder charge, thus violating double jeopardy principles. The case was remanded for entry of a new judgment consistent with this finding. View "Young v. Commonwealth" on Justia Law

In April 2012, Glenn A. Peeler, Jr. was convicted of two counts of complicity to commit robbery and being a persistent felony offender, resulting in a 22-year prison sentence. Peeler's convictions and sentence were affirmed on direct appeal. In August 2013, Peeler filed a pro se motion under Kentucky Rule of Criminal Procedure (RCr) 11.42, alleging ineffective assistance of counsel. The motion lacked proper verification as required by RCr 11.42(2). The trial court denied the motion on its merits in October 2013 without addressing the verification issue. Peeler's appeal of this ruling was dismissed as untimely by the Court of Appeals.In August 2016, Peeler filed a second RCr 11.42 motion, which was denied as successive and procedurally barred. The Court of Appeals affirmed this denial in October 2018. In December 2019, Peeler filed a motion under Kentucky Rule of Civil Procedure (CR) 60.02(e), arguing that the trial court lacked jurisdiction over his unverified 2013 motion. The trial court denied this motion, and the Court of Appeals affirmed, noting Peeler had waived any jurisdictional challenge by not raising it earlier.Peeler then petitioned the Court of Appeals for a writ of mandamus, seeking a nunc pro tunc order to dismiss his 2013 motion, notify him of its deficiency, allow correction, and appoint counsel. The Court of Appeals denied the petition, stating Peeler had an adequate remedy by appeal and had waived the jurisdictional issue.The Supreme Court of Kentucky reviewed the case and affirmed the Court of Appeals' decision. The Court held that Peeler had waived any jurisdictional issues by not raising them timely and had an adequate remedy by appeal. The Court also found that the trial court had general subject-matter jurisdiction over Peeler's RCr 11.42 motion and that substantial compliance with procedural requirements was sufficient. Thus, Peeler was not entitled to a writ of mandamus. View "Peeler v. Simcoe" on Justia Law

Jamie Boggs was convicted of several sexual offenses, including sexual abuse, rape, and sodomy, all involving victims under twelve years of age. The abuse occurred between 2011 and 2016 while Boggs was in a relationship with Retta H., who had five children. The victims, Betty and Susan, testified to frequent and severe sexual abuse by Boggs. Retta corroborated some of the abuse and testified to physical abuse by Boggs. Boggs denied all allegations and was sentenced to forty years in prison.The Harlan Circuit Court handled the initial trial, where Boggs was convicted. He appealed, alleging multiple errors, including improper bolstering of the victims' testimony by a forensic interviewer, hearsay statements, improper admission of prior bad acts, and issues with jury instructions related to unanimity and double jeopardy. The trial court's jury instructions were not objected to by Boggs, leading to a waiver of those claims on appeal. The court also admitted evidence of prior bad acts to explain the victims' delayed reporting of the abuse.The Supreme Court of Kentucky reviewed the case. The court found that the forensic interviewer's testimony did constitute improper bolstering but deemed it harmless error. The court also found no palpable error in the admission of prior bad acts testimony or hearsay statements. The court concluded that the jury instructions issues were waived and not subject to review. Ultimately, the Supreme Court of Kentucky affirmed Boggs' conviction and sentence. View "Boggs v. Commonwealth" on Justia Law

Christopher Morrow, a sergeant with the Lexington Police Department and a member of the Fraternal Order of Police, Lodge #4 (the Lodge), was accused of sexual assault by Kellie Jo Bell in 2017. Bell filed a civil complaint against Morrow and the Lexington-Fayette Urban County Government (LFUCG), alleging that Morrow assaulted her while on duty. Morrow requested LFUCG to provide legal defense under the collective bargaining agreement (CBA), which LFUCG did under a reservation of rights.The Lodge and Morrow filed a grievance in 2020, claiming LFUCG intended to withdraw its defense, which LFUCG denied as premature. They then filed a complaint to compel arbitration, and LFUCG counterclaimed for a declaration of its rights under the CBA, asserting no duty to defend Morrow as he was off duty during the alleged assault. The Fayette Circuit Court granted summary judgment in favor of LFUCG, ruling that Morrow's actions were outside the scope of his employment and not covered by the CBA or LFUCG’s self-insurance policy. The court also awarded LFUCG attorney’s fees.The Kentucky Court of Appeals affirmed the circuit court’s decision, agreeing that the dispute was not arbitrable under the CBA as Morrow was off duty. The Court of Appeals did not address whether LFUCG’s refusal to arbitrate the initial grievance constituted a breach of the CBA.The Supreme Court of Kentucky reversed and remanded, holding that the circuit court erred by ruling on the merits of the dispute without first determining if the parties agreed to arbitrate it. The court directed that the issue of whether Morrow’s actions were within the scope of his employment under the CBA should be submitted to arbitration, as the CBA required arbitration for any controversy concerning its meaning and application. The court vacated the circuit court’s summary judgment and attorney’s fees award, instructing the lower court to order arbitration on the issue. View "Fraternal Order of Police, Lodge #4 v. Lexington-Fayette Urban County Government" on Justia Law

T-Mobile sought a refund for statutory service fees paid to the Kentucky Commercial Mobile Radio Service Emergency Telecommunications Board, arguing that the fees did not apply to prepaid cellular customers based on a prior court decision. The Board denied the refund request, leading T-Mobile to file a lawsuit in Franklin Circuit Court. The trial court ruled against T-Mobile, stating that it did not meet the common law refund requirements as outlined in Inland Container Corporation v. Mason County, which necessitates that payments be involuntary or made under misrepresentation.The Court of Appeals affirmed the trial court's decision, agreeing that T-Mobile's payments were voluntary and not subject to refund. T-Mobile then sought discretionary review from the Supreme Court of Kentucky. The Supreme Court granted review, heard oral arguments, and examined the record.The Supreme Court of Kentucky affirmed the Court of Appeals' decision. The court held that T-Mobile was not entitled to a common law refund because the payments were voluntary and not made under misrepresentation. The court emphasized that the payments were not collectible by summary process or fine and imprisonment, and T-Mobile had the opportunity to challenge the fees in court before paying them. Additionally, the court found no evidence of actual misrepresentation by the Board. Therefore, T-Mobile's claim for a common law refund was denied. View "Powertel Memphis, Inc. v. Commercial Mobile Radio Service Emergency Telecommunications Board" on Justia Law

Earl K. Johnson was convicted by a jury in Logan Circuit Court on four counts of complicity to traffic in methamphetamine, one count of engaging in organized crime, and one count of complicity to murder. The jury found him to be a persistent felony offender and recommended a life sentence, which the court imposed. Johnson appealed, arguing several trial errors, including a violation of his right to confrontation when a key witness, Pam Wetton, testified remotely due to health concerns.The Logan Circuit Court allowed Pam to testify via Zoom based on a letter from a physician’s assistant stating that travel would be difficult for her. Johnson objected, arguing that this violated his Sixth Amendment right to confrontation. The trial court overruled his objection, and Pam testified remotely. Johnson was convicted on all counts and sentenced to life in prison.The Supreme Court of Kentucky reviewed the case and found that allowing Pam to testify remotely violated Johnson’s right to confrontation. The court held that the Commonwealth failed to establish that remote testimony was necessary to further an important public policy and that the reliability of the testimony was assured. The court concluded that the error was not harmless beyond a reasonable doubt regarding the complicity to traffic convictions, as Pam’s testimony was crucial to those charges. Therefore, the court reversed Johnson’s convictions and sentences for complicity to traffic in methamphetamine.However, the court affirmed Johnson’s convictions and sentences for engaging in organized crime and complicity to murder. The court found that Pam’s testimony was harmless beyond a reasonable doubt for these charges due to the overwhelming evidence of Johnson’s guilt presented by other witnesses. The court also addressed and dismissed Johnson’s other claims of trial errors, including improper admission of other crimes and bad acts, hearsay statements, and the denial of a mistrial. View "Johnson v. Commonwealth" on Justia Law