Justia Kentucky Supreme Court Opinion Summaries

Defendant was taken into custody after a warrantless search of his vehicle. Defendant was subsequently indicted for handgun- and drug-related offenses. The trial court granted Defendant’s motion to suppress the evidence recovered from his vehicle. The court of appeals vacated the circuit court’s order suppressing the evidence, concluding (1) the Commonwealth’s appeal was timely filed; and (2) although the search was unlawful, the exclusionary rule did not require suppression because the police officer who searched Defendant’s car followed existing precedent. The Supreme Court affirmed, holding (1) the Commonwealth’s notice of appeal was timely filed; and (2) the search in this case was unconstitutional under Arizona v. Gant and Rose v. Commonwealth, but because the search was conducted by an officer in objectively reasonable reliance on clearly established precedent, the exclusionary rule did not apply to exclude the contraband discovered in Defendant’s vehicle. View "Parker v. Commonwealth" on Justia Law

Patrick Darcy and his codefendant, Randy McCleery, Jr., were separately indicted for crimes arising out of the burglary of a residence but were scheduled to be jointly tried. Twelve days before the scheduled trial date, private counsel filed a motion seeking a continuance to enable him to substitute his services for those of the Department of Public Advocacy (DPA), who represented Darcy at all pre-trial proceedings. Darcy’s motion was denied in order to protect McCleery’s statutory right to a speedy trial. After a trial with the DPA continuing to represent Darcy, Darcy was convicted of first-degree burglary, first-degree fleeing or evading the police, and theft by unlawful taking of property. The Supreme Court reversed, holding (1) a continuance of a joint trial requested by a defendant, so long as it is reasonable, is included within the “elastic” clause of Ky. Rev. Stat. 500.110, thus allowing the extension of the statutory speedy-trial time period; and (2) the trial court in this case erred by denying Darcy’s motion for a continuance because its action was based on a seeming misinterpretation of section 500.110. View "Darcy v. Commonwealth" on Justia Law

Luvetta Goff died as a result of complications from elective surgery performed by Appellants at the University of Kentucky Hospital (UK Hospital). Goff’s estate filed a wrongful death and medical malpractice action against Appellants. During discovery, the estate requested an “incident” or “event” report generated by a UK Hospital nurse concerning the surgery through the UK Healthcare Safety Evaluation System. Appellant sought a protective order concerning the report, arguing that it fell within the federal privilege created by the Patient Safety and Quality Improvement Act of 2005. The court of appeals granted Appellants the writ. The Supreme Court reversed the opinion of the court of appeals regarding the scope of the privilege under the Act, holding (1) the court of appeals was misguided in its ultimate limitations on the scope of the privilege; and (2) information normally contained in an incident report is not privileged under the Act and may be discovered, following an in camera review, and its information compelled. Remanded. View "Tibbs v. Circuit Court" on Justia Law

Kentucky Employers’ Mutual Insurance (KEMI) was the workers’ compensation carrier for Beacon Enterprises, Inc. at the time that Julian Hoskins was injured during the course of his employment with Four Star Transportation, Inc. (Four Star). Four Star had configured its workforce pursuant to an employee leasing arrangement with a company affiliated with Beacon Enterprises, an employee leasing company. The Workers’ Compensation Board determined that Hoskins was not covered by Beacon Enterprises’ policy with KEMI because Hoskins was not an employee of Beacon Enterprises at the time of the injury. The court of appeals upheld the Board’s decision. The Supreme Court reversed, holding (1) Ky. Rev. Stat. 342.615 does not require an employee to have knowledge of his status as a leased employee or of the nature of his relationship with the employee leasing company; and (2) because the court of appeals grounded its opinion upon Hoskins’s lack of knowledge, the matter must be remanded for the court to address other issues raised by KEMI in support of the Board’s decision. View "Ky. Ininsured Employers’ Fund v. Hoskins" on Justia Law

Appellant was convicted of the murder and repeated sexual assault of his girlfriend. On appeal, Appellant argued, among other things, that the evidence against him, particularly the contents of his cell phone depicting him sexually assaulting his girlfriend, should have been suppressed. The Supreme Court affirmed, holding that the trial court did not err in (1) refusing to suppress evidence against Appellant, including the videos found on his cell phone; (2) refusing to sever the charges for the sexual assaults on January 15 from those for the sexual assaults and murder on January 16; and (3) ruling that recorded statements of the victim’s children regarding their mother’s purported assailant could not be introduced at trial. View "Hedgepath v. Commonwealth" on Justia Law

In this custody modification action involving former spouses, the trial court appointed a guardian ad litem (GAL) for the parties’ younger daughter, A.G., to investigate the situation and file a report summarizing his findings. The GAL ultimately recommended that A.G. be allowed the opportunity to live with her father. After a hearing, the family court entered an order awarding Father primary custody of A.G. Mother appealed, challenging the trial court’s denial of her request to cross-examine the GAL. The court of appeals affirmed, concluding that any error that may have arisen from the GAL’s conflicting roles as both advisor to the court and representative of the child was harmless. The Supreme Court vacated the opinion of the court of appeals and the final order of the circuit court, holding that the trial court erred by allowing the GAL to serve as both an investigator for the court and an attorney for A.G., and the error infringed upon Mother’s right to due process. View "Morgan v. Getter" on Justia Law

The Lexington-Fayette Urban County Government Board of Adjustment (Board) filed a motion for a temporary injunction pursuant to Ky. R. Civ. P. 65.04 seeking to enjoin Boone Creek Properties, Inc. (Boone Creek) from operating certain commercial recreational activities on property in Fayette County. The circuit court granted the temporary injunction, finding that the activities were in violation of a zoning ordinance and a conditional use permit issued by the Board. The court of appeals concluded that the circuit court had properly granted the injunction. Boone Creek appealed, arguing that the Board failed to satisfy the “irreparable harm” prong of rule 65.04. The Supreme Court affirmed, holding (1) when a governmental entity charged with enforcement of a civil law seeks an injunction restraining an ongoing violation of the law, irreparable harm is presumed; and (2) under the circumstances of this case, the circuit court did not abuse its discretion by granting the requested injunction. View "Boone Creek Props., LLC v. Bd. of Adjustment" on Justia Law

After a jury trial, Appellant was found guilty of criminal attempt to commit murder and first-degree criminal assault. The Supreme Court (1) affirmed Appellant’s conviction and sentence for attempted murder and reversed and vacated Appellant’s conviction and sentence for the lesser offense of first-degree assault, holding that both convictions violated statutory restraints on double jeopardy; (2) concluded that the trial court did not err in showing to the jury a news reporter’s interview with Appellant; and (3) affirmed the trial court’s order imposing court costs and an arrest fee but vacated the imposition of a partial attorney’s fee. Remanded. View "Spicer v. Commonwealth" on Justia Law

Flanagan’s Ale House applied for a retail liquor drink license to replace its restaurant drink license. The Louisville/Jefferson County Government (Louisville Metro) denied the application, relying on Ky. Rev. Stat. 241.075, which prohibits the issuance of a retail drink license to an applicant located in a combination business and residential area of a “city of the first class or consolidated local government” if another similar establishment is located within 700 feet of the establishment. The Alcoholic Beverage Control Board (ABC Board) affirmed. Flanagan’s appealed, arguing that section 241.075 was unconstitutional local and special legislation in violation of Sections 59 and 60 of the Kentucky Constitution. The Court of Appeals agreed with Flanagan’s and declared the statute unconstitutional. The Supreme Court affirmed, holding that section 241.075 violates Sections 59 and 60 of the Kentucky Constitution. Remanded. View "Louisville/Jefferson County Metro Gov’t v. O’Shea’s-Baxter, LLC" on Justia Law

Luvetta Goff died as a result of complications from surgery performed by Appellants at the University of Kentucky Hospital. Goff’s estate filed an action against Appellants, alleging wrongful death and medical malpractice. This appeal arose from a discovery dispute regarding an alleged incident report generated by a surgical nurse concerning the surgery. Appellants petitioned the court of appeals for a writ of prohibition preventing the trial court from ordering production of the report, arguing that it fell within the federal privilege created by the Patient Safety and Quality Improvement Act of 2005. The court of appeals granted the writ but concluded that the Act’s privilege was limited. The Supreme Court reversed the opinion of the court of appeals regarding the protective scope of the privilege under the Act, holding that information normally contained in an incident report is not privileged under the Act and may be discovered, following an in camera review, and its information compelled. Remanded to the trial court for an in camera review. View "Tibbs v. Circuit Court" on Justia Law