Justia Kentucky Supreme Court Opinion Summaries

Ryan Roberts and Briana Gebell are the biological parents of a child born in January 2016. In August 2016, the Cabinet for Health and Family Services filed a dependency, neglect, and abuse (DNA) petition against both parents due to Mother’s mental health issues and criminal charges, and Father’s substance abuse. The Bracken District Court placed the child in the temporary custody of Debbie and Nick Appleman, Father’s paternal cousins. After several incidents involving Father’s substance abuse and criminal behavior, the district court granted full custody of the child to the Applemans in July 2019.Mother filed a motion in June 2021 in the Bracken Circuit Court to regain custody or obtain visitation. The circuit court granted her supervised visitation, which was later changed to unsupervised visitation. In December 2022, Mother sought sole custody, but the circuit court denied her request, finding that she had waived her superior right to custody by being absent for most of the child’s life and that continued custody with the Applemans was in the child’s best interest.The Kentucky Court of Appeals reversed the circuit court’s decision, concluding that the record did not support a finding of waiver. The Applemans did not participate in the appeal. The Supreme Court of Kentucky reviewed the case and affirmed the Court of Appeals in part, agreeing that the Applemans needed to demonstrate Mother’s unfitness or waiver of her superior rights. However, the Supreme Court reversed the part of the decision that granted immediate custody to Mother, remanding the case for further proceedings to apply the correct legal standard in determining custody. View "APPLEMAN V. GEBELL" on Justia Law

Donna Miller Bruenger, the ex-wife of the late Coleman Miller, filed a petition for declaratory judgment against Courtenay Ann Miller, Coleman’s daughter, seeking entitlement to Coleman’s Federal Employee’s Group Life Insurance (FEGLI) benefits. Coleman had failed to designate a beneficiary for his FEGLI benefits before his death, and MetLife distributed the benefits to Courtenay. Bruenger argued that Coleman’s legal obligation under a Qualified Domestic Relations Order (QDRO) to assign her the benefits should prevail.The Jefferson Circuit Court ruled against Bruenger, concluding that federal law precluded her claim because Coleman’s employer did not receive the QDRO before his death. Bruenger’s subsequent appeal was dismissed by the Court of Appeals as untimely, and the court also imposed sanctions for filing a frivolous appeal. Bruenger then sought relief under CR 60.02, which the trial court granted, allowing her to refile the appeal. The Court of Appeals dismissed the refiled appeal as frivolous and awarded attorney’s fees to Courtenay.The Supreme Court of Kentucky reviewed the case and determined that the Court of Appeals had jurisdiction to consider the merits of the CR 60.02 relief. The Supreme Court held that RAP 11(B) authorizes the award of attorney’s fees as a sanction for frivolous appeals but found that the imposition of sanctions in this case violated due process because Bruenger was not given notice or an opportunity to be heard. The Supreme Court affirmed the dismissal of the appeal for lack of jurisdiction but reversed the sanctions imposed by the Court of Appeals. View "BRUENGER V. MILLER" on Justia Law

The case originates from a dispute over the jurisdiction for a child custody matter. The parties involved are Justin Aldava and Alyssa Baum, parents of H.A., a child born in Texas in 2019. The couple moved from Texas to Kentucky, then to Washington for Aldava's work, and back to Texas. Eventually, Baum and H.A. moved back to Kentucky. In November 2020, Baum filed a petition for an order of protection in Kentucky, indicating she sought temporary custody of H.A. Aldava filed a custody petition in Texas in December 2020. The issue arises from the interpretation of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), specifically the definition of "home state" and "temporary absence".The Supreme Court of Kentucky concluded that under the UCCJEA, a bright-line, objective standard should be used to determine a child's "home state" - focusing on where the child has lived in the six months preceding the custody proceeding, and not the intent of the parties. Applying this standard, the court found that neither Texas nor Kentucky had initial jurisdiction over H.A. when custody was first raised, as H.A. had not lived in any state long enough to establish "home state" status. However, Kentucky obtained temporary emergency jurisdiction under the UCCJEA due to Baum's petition for an order of protection. Consequently, Kentucky was the only state with any jurisdiction over H.A., and the custody action should be heard there. The court concluded that the Texas court's later finding that Texas was H.A.'s home state did not divest Kentucky of jurisdiction. The ruling was affirmed by the Court of Appeals. View "ALDAVA V. JOHNSON" on Justia Law

In this case, the Supreme Court of Kentucky was asked to determine whether the 2017 and 2021 amendments to KRS 413.249, which extended the statute of limitations for civil claims of childhood sexual assault and abuse, could be applied retroactively to revive claims that were already time-barred. The case arose out of the alleged sexual abuse of Samantha Killary by her adoptive father, Sean Jackman, and others. Killary filed a lawsuit against Jackman and others in 2018, after Jackman was convicted of the abuse. However, the defendants argued that the claims were time-barred under the 2007 version of KRS 413.249, which was in effect when the abuse occurred. The trial court and Court of Appeals disagreed on whether the 2017 and 2021 amendments could be applied retroactively to revive Killary's claims.The Supreme Court of Kentucky held that while KRS 413.249 is a remedial statute that should be applied retroactively, the defendants had a vested right to assert a statute of limitations defense that was not overcome by the addition of a new triggering event in the 2017 and 2021 amendments. Furthermore, the court found that the 2021 amendment's provision for the revival of time-barred claims did not apply to Killary's claims because they were already time-barred at the time of the amendment's enactment. The court therefore reversed the Court of Appeals and affirmed the trial court's dismissal of the claims against the defendants. The court based its decision on a long line of Kentucky cases holding that a vested right to assert a statute of limitations defense cannot be divested by retroactive legislation. View "Thompson v. Killary" on Justia Law

In this case, the Supreme Court of Kentucky addressed the procedural issue of whether a notice of appeal could be filed electronically in a termination of parental rights (TPR) case that had been sealed. The court had to interpret the relevant statutes and rules, which stated that TPR cases should be sealed upon the entry of the final order and that sealed cases were not eligible for electronic filing. The Court of Appeals had ruled that the appellant had complied with the rules for timely filing a notice of appeal, as the rules were ambiguous about whether a TPR case could be electronically filed after it had been sealed.However, the Supreme Court of Kentucky disagreed with the lower court. It held that the statutory law and administrative rule, read together, effectively prohibited a notice of appeal from being electronically filed in a TPR case. The Court found no ambiguity in this interpretation. It pointed out that the rules clearly stated that TPR cases were always confidential but would only be sealed upon the entry of the trial court’s final order. Once sealed, these cases were no longer subject to mandatory electronic filing.Therefore, the Supreme Court of Kentucky concluded that the appellant had not complied with the rules for timely filing a notice of appeal, as the notice should have been filed conventionally. As a result, the Court of Appeals did not have jurisdiction to hear the case. The Supreme Court reversed the decision of the Court of Appeals and reinstated the trial court’s termination of the appellant's parental rights. View "CABINET FOR HEALTH AND FAMILY SERVICES V. D.W." on Justia Law

Three sisters, Danielle, Angela, and Alyssa, were placed in the custody of their aunt, Kathy Riggle, and her husband, William Kenneth Riggle Sr. (Senior) in 2009 due to their parents' struggles with drug abuse. For the eight years they lived with the Riggles, the sisters alleged that they were sexually abused by Senior and his son, William Kenneth Riggle Jr. (Junior). The abuse was reported in 2017 after the girls were returned to the custody of their mother. Senior was charged with and convicted of multiple counts of sodomy in the first degree, sexual abuse in the first degree, and intimidating a participant in the legal process. The trial court imposed a 70-year sentence in line with Kentucky law. Senior appealed, raising four allegations of error.The Supreme Court of Kentucky found no reversible error and affirmed the convictions. It held that the trial court correctly admitted testimony from two other minor girls who had experienced inappropriate sexual conduct from Senior, as this evidence demonstrated a pattern of conduct and was not merely proof of propensity. The Court also ruled that the testimony from Angela's school counselor was admissible for rehabilitative purposes, as it was offered to explain an inconsistency in Angela's testimony, not to verify the truth of her allegations. The Court further held that any issues with jury instructions regarding unanimity did not rise to palpable error, given the overwhelming weight of evidence against Senior. Finally, the Court found that the trial court did not err in failing to direct a verdict of acquittal on certain counts, as the Commonwealth had produced more than a mere scintilla of evidence to support the charges. View "RIGGLE V. COMMONWEALTH" on Justia Law

The Supreme Court affirmed in part and reversed and remanded in part the decision of the court of appeals affirming several circuit court rulings in the underlying dissolution proceeding between Wife and Husband, holding that the circuit court erred in part.Specifically, the Supreme Court held (1) the circuit court erred in its division of Husband's 401(k); (2) the circuit court did not err in its valuation of Husband's ownership in a corporation but did err in its distribution of that ownership interest; (3) the circuit court erred in its rulings regarding attorney's fees; and (4) given this Court's holdings, reconsideration of maintenance was required. View "Thielmeier v. Thielmeier" on Justia Law

The Supreme Court reversed the ruling of the circuit court that Ky. Rev. Stat. 411.137 and Ky. Rev. Stat. 391.033, collectively known as Mandy Jo's Law, prevented Lawrence Miller from being awarded any of the settlement proceeds from the wrongful death action against the hospital where his stillborn daughter, Autumn, was born, holding that Mandy Jo's Law is not applicable when the child in question is stillborn.After Autumn was born stillborn, her mother, Brittany Bunch, filed suit against the Hospital alleging wrongful death. Miller subsequently filed a motion to intervene. After DNA testing proved Miller's paternity, the trial court allowed Miller's motion to intervene. The Hospital, Bunch, and Miller reached a settlement, and Bunch argued that Miller should not be awarded any settlement proceeds in accordance with Mandy Jo's Law. The trial court agreed and granted judgment for Bunch. The Supreme Court reversed, holding that the legislature did not contemplate the application of Mandy Jo's law to the facts in this case. View "Miller v. Brunch" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing the family court's holding that L.G. emotionally abused her son, holding that the family court was not clearly erroneous and did not abuse its discretion in finding that L.G. emotionally injured H.M., thus finding abuse and removing H.M. from L.G.'s custody.On appeal, L.G. argued that the trial court abused its discretion in finding emotional injury amounting to abuse. The court of appeals agreed and reversed. The Supreme Court reversed, holding (1) the court of appeals impermissibly substituted its own findings for the family court's and thus found an abuse of discretion; and (2) it was not unfair or unreasonable for the family court to conclude, based on substantial evidence, that H.M. was emotionally injured by L.G. View "Commonwealth v. L.G." on Justia Law

The Supreme Court reversed the order of the family court denying the motion of the Commonwealth, Cabinet for Health and Family Services, ex rel. Child Support Enforcement's (Cabinet) to set aside an agreed judgment regarding the paternity of a child born out of wedlock, holding that the underlying judgment was void for lack of subject matter jurisdiction.The Cabinet brought this action to set aside the agreed judgment in this case, arguing that the judgment was void and entered due to fraud and should be side aside under Ky. R. Civ. P. (CR) 60.02. The family court denied the motion as untimely, and the court of appeals affirmed. The Supreme Court reversed, holding (1) the family court acted outside its statutory authority in adjudicating non-paternity without a corollary determination of paternity as to an identified father; and (2) because the judgment was void, rule 60.02(e) mandated that the judgment be set aside. View "Commonwealth, Cabinet for Health & Family Services ex rel. Child Support Enforcement v. B.N.T." on Justia Law