Justia Kentucky Supreme Court Opinion Summaries

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

After a jury trial, Appellant was convicted of capital murder and sentenced to death. The Supreme Court affirmed the conviction but remanded for a new sentencing trial. After a retrial, the jury again returned a death-penalty verdict. Appellant was sentenced in accordance with that verdict. Appellant appealed the denial of his motion for a new trial and his death sentence. The Supreme Court affirmed Appellant’s murder conviction, to the extent it was challenged on appeal, and sentence of death, holding that (1) Appellant’s claims of error were either without merit or did not require reversal; and (2) the jury’s verdict was factually substantiated, and the sentence was valid. View "St. Clair v. Commonwealth" on Justia Law

Plaintiff filed suit against Defendants alleging fraud, defamation, abuse of process, breach of fiduciary duty, and other claims. Plaintiff also requested declaratory judgment, accounting, and injunctive relief. Pursuant to the parties’ prior agreement, which included an arbitration clause, the trial court granted Defendants’ motion to compel arbitration on all counts with the exception of claims involving defamation and abuse of process. Because Defendants appealed, the trial court refrained from ruling on Plaintiff’s request for injunctive relief. Consequently, Plaintiff petitioned the court of appeals, without success, for a writ of mandamus. The Supreme Court affirmed. Plaintiff also appealed the trial court’s order compelling arbitration. Plaintiff’s and Defendants’ appeals were consolidated. The court of appeals affirmed the entirety of the trial court’s order compelling arbitration. The Supreme Court affirmed in part and reversed in part, holding (1) the Court lacked jurisdiction to consider the merits of Plaintiff’s appeal because Plaintiff attempted to appeal from a non-final order; and (2) the court of appeals correctly determined that the abuse of process and defamation claims fell outside the agreement to arbitrate. View "Linden v. Griffin" on Justia Law

After a trial, the circuit court dissolved the marriage of Kaven Rumpel and Kathie Rumpel, restored to the parties their non-marital property, apportioned between them the marital debts and assets, and awarded Kathie maintenance and attorneys’ fees. The court of appeals affirmed. The Supreme Court reversed in part the trial court’s judgment and vacated Kathie’s award of attorneys’ fees, holding (1) the trial court abused its discretion by awarding attorneys’ fees as a discovery sanction for a party’s refusal to admit a fact genuinely in dispute; (2) the trial court abused its discretion by substantially amending, in response to Kathie’s post-trial motion, its judgment regarding the value of the principal marital asset, as such a post-judgment motion is not available for the assertion of claims that could have been asserted prior to judgment; and (3) the award of attorneys’ fees must be readdressed by the trial court. View "Rumpel v. Skaggs" on Justia Law

After a jury trial, Defendant was convicted of one count of burglary, three counts of theft by unlawful taking of a firearm, one count of theft by unlawful taking of property having a value of $500 or more, and of being a persistent felony offender in the first degree. Defendant was sentenced to twenty-five years in prison. The Supreme Court reversed, holding (1) the trial court abused its discretion in allowing admission of detailed evidence of Defendant’s past domestic violence, as the evidence became an expose of Defendant’s extensive domestic misconduct, and the probative value of the evidence was clearly outweighed by its prejudicial nature; (2) Defendant’s convictions on the three separate counts of theft by unlawful taking of a firearm violated Defendant’s double jeopardy rights; and (3) the evidence was not sufficient to support the first-degree burglary conviction. View "Wilson v. Commonwealth" on Justia Law