Justia Kentucky Supreme Court Opinion Summaries

Appellant plead guilty to three counts each of capital murder, capital kidnapping, tampering with physical evidence, and related convictions. The circuit court sentenced Appellant to death for each of the six capital crimes. The Supreme Court affirmed the convictions and sentences, holding, inter alia, that (1) the trial court properly accepted Appellant's guilty plea; (2) the trial court did not reversibly err by asking Appellant to admit to the aggravating circumstances; (3) the jury was properly selected; (4) the trial judge's denial of Appellant's motion to recuse was not erroneous; (5) the introduction of certain photographs was proper to explain the circumstances surrounding the crimes and the extent of harm inflicted; (6) the trial court did not err in denying Appellant's motion for a mistrial and change of venue; (7) the instructions to the jury did not deny Appellant due process or reliable sentencing; and (8) Appellant's death sentences were not arbitrary or disproportionate. View "Dunlap v. Commonwealth" on Justia Law

After a jury trial, Defendant was convicted of second-degree manslaughter, leaving the scene of an accident, second-degree assault, fourth-degree assault, and several drug-related offenses. The Supreme Court affirmed Defendant's convictions and resulting sentences, holding, inter alia, (1) the trial court did not err by denying Defendant's motion for directed verdict on the charge of second-degree manslaughter because the Commonwealth presented sufficient evidence; (2) the trial court did not err by trying the charges against Defendant in a single trial; (3) the Commonwealth's reference to an inadmissible statement during closing argument did not constitute palpable error; (4) the Commonwealth did not impermissibly use Ky. R. Evid. 404(b) evidence to obtain a conviction; (5) the jury instruction for second-degree assault was not erroneous; (6) the Commonwealth produced sufficient evidence to support Defendant's conviction for second-degree assault; and (7) no palpable error resulted from the first-responders testifying about their relationship with the victim. View "Doneghy v. Commonwealth" on Justia Law

The Department of Revenue audited Appellant for a three-year period. The Department determined that Appellant had omitted certain tangible personal property from its tax returns during the relevant years and billed Appellant for $151,943 in ad valorem taxes. Appellant paid the new assessments without protest. Appellant later filed a refund claim for a portion of the taxes, that the Department had improperly classified certain machinery, resulting in Appellant's overpayment. The Department denied the refund claim because Appellant had paid without protest. The Board of Tax Appeals reversed, and the circuit court and court of appeals affirmed. The Supreme Court affirmed, holding that Appellant properly followed the appropriate administrative remedies in accordance with the Court's recent decision in Cromwell Louisville Associates, LLP v. Commonwealth. View "Dep't of Revenue v. Cox Interior, Inc." on Justia Law

After a trial, Defendant was convicted of first-degree sodomy, tampering with physical evidence, and fourth-degree assault. The court of appeals reversed the sodomy conviction, concluding that the trial court erred in excluding statements the victim made to medical personnel about her history of drug use and addiction. The Supreme Court reversed the court of appeals' judgment insofar as it reversed the sodomy conviction and reinstated that portion of the trial court's judgment, holding that the trial court did not abuse its discretion in excluding evidence of the victim's prior drug use because it was highly prejudicial, and the exclusion of the evidence did not violate Defendant's right to present a defense. View "Commonwealth v. Bell" on Justia Law

Defendant and Co-defendant were jointly charged with having neglected and abused Defendant's disabled son. After a jury trial, Defendant was convicted of first-degree assault and first-degree criminal abuse. The Supreme Court affirmed, holding (1) counsel's representation of Defendant was not adversely affected by a conflict of interest because Defendant's counsel worked for the same office as did Co-defendant's counsel; (2) Defendant was lawfully charged with and fairly convicted of first-degree assault; (3) the trial court did not err in instructing the jury with respect to the alleged assault; (4) the trial court did not err in instructing the jury with respect to a lesser included offense of assault; (5) the trial court did not abuse its discretion by denying Defendant's pre-trial motion for a continuance; and (6) the trial court did not abuse its discretion by denying Defendant's motion for a mistrial. View "Bartley v. Commonwealth" on Justia Law

Appellant was convicted of first-degree possession of a controlled substance, possession of marijuana, and of being a second-degree persistent felony offender. Appellant appealed, arguing that the trial court erred by denying his motion to suppress the drug-related evidence seized during a routine traffic stop because its discovery was the product of a custodial detainment that extended beyond the scope of the original purpose of the traffic stop in violation of the Fourth Amendment. The Supreme Court reversed, holding that the trial court erred in failing to suppress the illegally obtained drug evidence, as the evidence was discovered after the purpose of the traffic stop had concluded, and no exception applied so as to permit the police officer to extend his encounter with Appellant beyond that time. Remanded. View "Turley v. Commonwealth" on Justia Law

Kenneth Crum, who was horseback riding at the time, was struck and severely injured by a vehicle driven by Raymond Ousley. At the time, Ousley was test-driving the vehicle, an uninsured car titled to Rhonda Ward. Crum sued Ousley for personal injuries and later joined Ousley's auto liability insurer, Kentucky Farm Bureau, for no-fault benefits. Kentucky Farm and Crum settled the negligence claims against Ousley for $25,000. Later, the trial court declared by final order that Kentucky Farm was also required to pay basic reparation benefits (BRBs) to Crum for the motor vehicle accident. The trial court then entered a final order declaring coverage for Crum and ordering Kentucky Farm also to pay Crum the no-fault benefits. The court of appeals reversed, holding that Kentucky law did not allow Crum to recover and Ousley's policy excluded Crum. The Supreme Court reversed, holding (1) a pedestrian struck by an uninsured vehicle being driven by an ininsured driver can recover no-fault benefits from the driver's insurance company; and (2) therefore, Crum was entitled to receive BRBs from Kentucky Farm. View "Samons v. Ky. Farm Bureau Mut. Ins. Co." on Justia Law

After a jury trial, Defendant was convicted of complicity to commit murder, first-degree robbery, first-degree burglary, and tampering with physical evidence. The Supreme Court affirmed the judgment of conviction and sentence, holding (1) any error by the trial court in allowing certain testimony into evidence was harmless; (2) the trial court properly decided to try the murder charges in a single trial; (3) the trial court correctly refused to dismiss the tampering with physical evidence charges as unconstitutional; (4) the admission of testimony regarding alleged homosexual conduct between Defendant and his co-conspirator was appropriate; and (5) the trial court did not err by failing to instruct the jury on criminal facilitation to murder and robbery. View "Murray v. Commonwealth" on Justia Law

While working for Employer, Appellant became trapped in a stalled elevator. Employer's security staff attempt to rescue Appellant, but as a result of their attempt, Appellant fell several stories down the elevator shaft, causing serious injuries. Appellant filed for workers' compensation. The ALJ enhanced Appellant's workers' compensation award based on Ky. Rev. Stat. 342.165(1), which provides that if an accident is caused by the intentional failure of an employer to comply with a statute or regulation relative to the maintenance of safety appliance, the claimant's benefits shall be increased, and Ky. Rev. Stat. 338.031, which states that an employer must provide his employees a place to work free from dangerous hazards. The workers' compensation board affirmed. The court of appeals reversed. The Supreme Court reversed, holding that the ALJ correctly applied the four-part test set forth in Lexington-Fayette Urban County Government v. Offutt to determine that Employer violated section 338.031, and accordingly, the ALJ properly applied the enhancement to Appellant's weekly benefit because of Employer's violation of section 342.165. View "Hornback v. Hardin Memorial Hosp." on Justia Law

Krystal Meredith was twenty years old and thirty-seven weeks pregnant when she began to experience abdominal pain. Krystal visited the Norton Hospital emergency three times in the next three days and was treated by Dr. James Haile. She was sent home following the first two visits but was admitted to the hospital after the third. Subsequent blood work revealed an ongoing infection. After Krystal gave birth to a healthy daughter under the care of Dr. Luis Velasco, it was discovered Krystal had a ruptured appendix and abscess. Krystal later developed acute respiratory distress syndrome and died. Plaintiffs, Krystal's parents, filed suit against Dr. Haile, Dr. Velasco, and the Hospital for wrongful death and loss of parental consortium. A jury found in favor of Defendants, and the court of appeals affirmed. The Supreme Court reversed, holding that the trial court twice erred in refusing to strike jurors for cause, and the error was not harmless. Remanded. View "Grubb v. Norton Hosps., Inc." on Justia Law