Justia Kentucky Supreme Court Opinion Summaries

The Family Division of the Jefferson Circuit Court granted a divorce to Saeid and Denise Shafizadeh pursuant to a decree of dissolution, which incorporated an order of custody in which Saeid and Denise agreed to share joint custody of their two minor children. The family court later granted Denise's motion to relocate to Louisiana with the children and entered an order modifying the parenting schedule. Saeid moved the court of appeals for a writ of prohibition and emergency relief, arguing that the family court proceeded outside of its jurisdiction. The court denied the motion, determining that Saeid had failed to meet the threshold requirements for the issuance of a writ, and denied the motion for emergency relief as moot. The Supreme Court affirmed, holding that the family court had jurisdiction to entertain Denise's motion, and therefore, the petition for the writ was properly denied. View "Shafizadeh v. Jefferson Circuit Family Court" on Justia Law

Appellant Larry Ordway was charged with crimes relating to a string of robberies, burglaries, and thefts occurring at, inter alia, a convenience store, a mini storage facility, and a sports equipment retailer. Appellant was convicted of three counts of robbery in the first degree, ten counts of burglary in the third degree, six counts of theft by unlawful taking over $300, and receiving stolen property over $300. The Supreme Court (1) reversed nine burglary convictions arising from the mini storage facility because each of the nine instructions were identical and in no way differentiated one count from another, thus depriving Appellant of a unanimous verdict and adequate appellate remedy; (2) vacated one of Appellant's convictions for theft by unlawful taking over $300 because Appellant was convicted of two thefts arising from a single offense, thus implicating the Double Jeopardy Clause; and (3) otherwise affirmed. View "Ordway v. Commonwealth" on Justia Law

Appellant James Mullins was convicted of murder, tampering with physical evidence, and persistent felony offender in the first degree. The Supreme Court affirmed Appellant's conviction for murder and reversed his conviction for tampering with physical evidence, holding that (1) it was insufficient to bring a charge of tampering based solely on the fact that evidence was not found when there were sufficient steps to locate that evidence, and (2) because were was no proof that Appellant acted with the intent to prevent evidence from being available at trial, no reasonable jury could have found Appellant guilty of tampering with physical evidence. Remanded. View "Mullins v. Commonwealth" on Justia Law

Appellant Marcus Minix received documents from the county mediator stating that the county court had received a complaint against him for a violation of Ky. Rev. Stat. 514.030 and directing Appellant to mediation. After attending mediation, Appellant was informed he may need to return to mediation. Appellant petitioned the court of appeals for a writ prohibiting the county attorney from referring felony criminal complaints, including a felony complaint against him, to a mediator before presenting the complaints to a district court for review and issuance of a summons or warrant. The court of appeals denied the petition, finding it was without jurisdiction to address Appellant's claims. The Supreme Court affirmed, holding that a writ of prohibition may not be issued against non-judicial parties such as the Appellees, the county attorney and the mediator, and the substantive relief Appellant sought was within the original jurisdiction of the circuit court, not the court of appeals. View "Minix v. Roberts" on Justia Law

Appellant was convicted of murder pursuant to a guilty but mentally ill verdict. On appeal, Appellant argued that the trial court erred in a giving a "no duty to retreat" instruction regarding the victim and in refusing to admit evidence that Appellant believed he was being poisoned in jail. The Supreme Court reversed, holding that it was reversible error to give the "no duty to retreat" instruction regarding the victim because Ky. Rev. Stat. 503.055(3) was not intended to apply to the victim's conduct but only to a defendant's conduct relative to his or her claim of self-defense. Remanded for retrial. View "Jones v. Commonwealth" on Justia Law

Appellants, a group of heirs who were entitled to receive the net proceeds of a judicial sale of four tracts of land, sued Appellees, a former master commissioner of the circuit court, a circuit court judge, and the administrative office of the courts, pursuant to the Kentucky Board of Claims Act, after the former master commissioner failed to disburse the proceeds of the sale. The Board of Claims (Board) entered a final order dismissing Appellants' claims for lack of jurisdiction. The circuit court and court of appeals affirmed. At issue on appeal was whether a claim involving judicial officers or court employes may proceed at the Board. The Supreme Court reversed, holding that the judge's continued use of the master commissioner, without reappointment, to perform significant functions in actions in the circuit court without a bond and without surety approved by the judge as statutorily mandated, was grounds for a claim in the Board of Claims based upon alleged negligence in the performance of a ministerial duty by an officer of the state. Remanded to the Board for a determination of whether Appellants suffered damages as a proximate cause of the alleged negligence. View "Greene v. Commonwealth" on Justia Law

Two brothers had a dispute over an alleged oral agreement relating to the care of their mother by which one brother agreed to give up part of his inheritance if the other brother would care for their mother. The trial court found that a valid agreement between the brothers had been reached. The court of appeals reversed on an issue that had not been raised at the trial court but which the court reached as part of its overall examination of the validity of the agreement. The Supreme Court affirmed, holding (1) the court of appeals cannot reverse the judgment of the trial court on an issue that was not specifically raised at the trial court, but (2) the court of appeals nevertheless reached the correct result because the parties' agreement was unenforceable under the statute of frauds, and thus, no action on it could be maintained. View "Fischer v. Fischer" on Justia Law

Angela Peters was charged with a DUI first offense. At her arraignment, defense counsel requested a pretrial conference and requested the presence of the officer who had arrested Peters. The Commonweath objected to producing the arresting officer. The district court ruled in favor of Peters. The circuit court then granted the Commonwealth's request for a writ of prohibition. The court of appeals overturned the writ, determining there was no substantial evidence to support the circuit court's finding that the Commonwealth would suffer irreparable harm under the district court order. The Supreme Court reversed the court of appeals' reversal of the writ of prohibition granted by the circuit court and reinstated the circuit court's writ, holding that because the district court's order compelled the Commonwealth to present the witness at a pretrial conference so the witness could be interviewed, the order exceeded what Ky. R. Crim. P. 7.24 and Ky. R. Crim. P. 8.03 allowed, and the issuance of the writ by the circuit court was proper. View "Commonwealth v. Peters" on Justia Law

After Suzanne Anderson and Joseph Johnson divorced, the family court entered an order awarding joint custody of their daughter which stated that timesharing would be on an equal time basis. Anderson subsequently filed a motion to modify the timesharing schedule to allow her to move with the child to Kentucky. The family court denied the motion, determining that it was not in the child's best interests to relocate. Anderson appealed, asking that the case be remanded for specific findings of fact. The court of appeals affirmed, holding that findings of fact are not necessary when the court denies a modification motion. The Supreme Court reversed, holding that the trial court's order, which included no findings of fact to support its conclusion, violated Ky. R. Civ. P. 52.01. Remanded to the family court to make specific findings of fact and separate conclusions of law. View "Anderson v. Johnson" on Justia Law

James Turner was convicted of first-degree sexual abuse and incest. On appeal, the Supreme Court affirmed in part and reversed Turner's conviction of first-degree sexual abuse, holding (1) Turner's argument that his prosecution was procedurally deficient due to the Commonwealth's failure to establish the county in which Turner was prosecuted as an appropriate venue was waived because Turner failed to raise it at trial; and (2) because Turner was convicted of sexual abuse under a statute that did not become effective until after the alleged abuse was to have occurred under the jury instructions, the circuit court convicted Turner for behavior that was not criminalized at the time. Remanded. View "Turner v. Commonwealth" on Justia Law