Justia Kentucky Supreme Court Opinion Summaries

The Supreme Court reversed the decision of the court of appeals finding that Plaintiff was an invitee when she was injured while visiting the monument marking her son's grave at a cemetery maintained by the City of Versailles, holding that the cemetery was not obligated to inspect and repair the monument, regardless of Plaintiff's status.Plaintiff was injured when the headstone marking the grave of her son dislodged from the base and toppled onto Plaintiff's foot. Plaintiff brought this suit against the City for negligence in maintaining her son's monument. The trial court granted summary judgment for the City, finding that Plaintiff had failed to establish that the City owed her a duty to maintain or repair the headstone. The court of appeals reversed, finding that Plaintiff was a business invitee and that the City owed her an affirmative duty to inspect and repair the monument. The Supreme Court reversed, holding that the City did not owe Plaintiff a duty with regard to the monument. View "City of Versailles v. Johnson" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the trial court convicting Defendant of four counts of first-degree sexual abuse, incest, and other crimes, holding that the trial court gave duplicitous instructions to the jury in violation of Defendant's right to a unanimous jury and his freedom from the threat of double jeopardy.The Supreme Court reversed Defendant's convictions for attempted rape and sexual abuse and otherwise affirmed his convictions, holding (1) the trial court did not err in amending the indictment to include an attempted-rape charge at trial; (2) Defendant was not entitled to a directed verdict of acquittal on the attempted rape charge or the charge of attempted production of a sexual performance by a minor; (3) the trial court erred by allowing medical experts to testify that the victim had identified Defendant as the perpetrator, but reversal was not warranted; and (4) two of the jury instructions violated Defendant's right to a unanimous verdict. View "Justice v. Commonwealth" on Justia Law

The Supreme Court reversed the judgment of the court of appeals affirming the trial court's judgment awarding Borders Self-Storage & Rentals, LLC the sum of $140,000 in this highway condemnation action, holding that the circuit court erred by ruling that the Lawrence County Property Valuation Administrator's (PVA) tax assessment could not be introduced into evidence.At trial, Borders sought to introduce as evidence the assessed tax value of $230,000 reflected in the PVA's records. The circuit court denied the request and ultimately awarded Borders $140,000 as compensation for the condemnation of its real property. The Supreme Court reversed, holding (1) PVA assessments constitute relevant and probative evidence and should not be stricken; and (2) Borders was entitled to a new trial at which it may introduce the PVA's assessed tax value for the condemned lands. View "Borders Self-Storage & Rentals, LLC v. Commonwealth" on Justia Law

The Supreme Court affirmed the judgment of the circuit court convicting Defendant of sodomy in the first degree, victim under twelve years old, and three counts of sexual abuse in the first degree, victim under twelve years old, holding that Defendant failed to show that he was prejudiced by any alleged error.Specifically, the Supreme Court held (1) the trial court did not err in denying Defendant's motion for a directed verdict; (2) the trial court did not err in admitting testimony regarding Defendant's actions; (3) the trial court did not err in concluding that the victim's psychotherapy records did not contain exculpatory evidence; (4) Defendant's right to a speedy trial was not violated; and (5) the trial court did not abuse its discretion when it denied Defendant's motion for a reduced sentence. View "Smith v. Commonwealth" on Justia Law

The Supreme Court affirmed Defendant's conviction of first-degree assault and being a second-degree persistent felony offender, holding that any error in the proceedings below did not warrant reversal.Specifically, the Supreme Court held that the trial court (1) did not err by denying Defendant's motion to dismiss the indictment based on Defendant's claim of self-defense or defense of others; (2) did not err by admitting certain evidence; (3) did not abuse its discretion by denying Defendant's motion for a mistrial; and (4) did not commit palpable error by submitting to the jury documents related to Defendant's prior convictions. View "Wahl v. Commonwealth" on Justia Law

The Supreme Court affirmed the decision of the court of appealsaffirming the judgment of the trial court denying a motion to compel arbitration in this insurance dispute, holding that the trial court did not err in denying the motion to compel.Grace McGaughey, the trustee of a trust, entered into a contract with Money Concepts Capital Corporation and Legacy Consulting Group, LLC to purchase a variable annuity with Jackson National Life Insurance Company. The contract contained an arbitration agreement. Following McGaughey's death, the executrix of her estate sued Money Concepts, Legacy Conultants, and Jackson, alleging several common law and statutory claims. Money Concepts and Legacy Consulting moved to compel arbitration, which the trial court denied. The court of appeals affirmed. The Supreme Court affirmed, holding that McGaughey's investment was insurance, and therefore, the arbitration provision was unenforceable under Ky. Rev. Stat. 417.050(2). View "Legacy Consulting Group, LLC" on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing Defendant's conviction and sentence and ordering a new trial, holding that the trial court did not abuse its discretion in finding that a proposed witness was not unavailable pursuant to Ky. R. Evid. 804(a)(5).Defendant was convicted of manufacturing methamphetamine and other offenses and was sentenced to ten years' imprisonment. The court of appeals reversed, concluding that the trial court erred in finding that the witness at issue did not qualify as an unavailable witness under Rule 804(a)(5). The Supreme Court reversed and reinstated Defendant's conviction, holding that Defendant did not satisfy his burden of demonstrating that good faith efforts were made to procure the witness' presence at trial either by process or other reasonable means, and therefore, the trial court did not err in determining that the witness was available for trial. View "Commonwealth v. Roark" on Justia Law

The Supreme Court affirmed the decision of the court of appeals reversing the trial court's denial of Defendant's motion to suppress evidence found in a drug dog sniff search during a traffic stop of the vehicle in which Defendant was a passenger, holding that the trial court erred by denying the motion to suppress.In reversing the denial of Defendant's motion to suppress, the court of appeals concluded that the investigating officer unconstitutionally extended the duration of the traffic stop to accommodate the dog-sniff search. The Supreme Court affirmed, holding that the Commonwealth failed to establish that the extension of the traffic stop was supported by reasonable, articulable suspicion. View "Commonwealth v. Conner" on Justia Law

The Supreme Court reversed the judgment of the court of appeals affirming the decision of the circuit court denying Defendant's motion to proceed in forma pauperis (IFP) with his application for expungement, holding that the IFP statute applies both to the filing fee and the expungement fee.Defendant pled guilty to felony theft by failure to make the required disposition of property. Defendant later filed an application for expungement. Defendant did not tender a filing fee but instead filed an IFP motion, which would have allowed him to proceed without payment of costs and fees. The trial court denied the motion, holding that the legislature did not intend Ky. Rev. Stat. 453.190 to apply to applications for expungements. The court of appeals affirmed. The Supreme Court reversed, holding that the IFP statute applies to both the $50 filing fee and the $250 expungement fee. View "Jones v. Commonwealth" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the trial court's conclusion that the Lexington-Fayette Urban County Government (LFUCG) and two of its divisions were entitled to sovereign immunity in this action and dismissing all claims against them, holding that there was no error.Plaintiff was injured in a collision between his bicycle and a police cruiser driver by a LFUCG employee. Plaintiff brought this negligence action, arguing that LFUCG's purchase of a retained-limit insurance policy, purchased for coverage beyond the limits of its self insurance policy, waived LFUCG's sovereign immunity up to policy limits. The trial court concluded that the LFUCG defendants were entitled to sovereign immunity, and the court of appeals affirmed. The Supreme Court affirmed, holding that the trial court correctly held that the LFUCG defendants were immune from suit. View "Independence Bank v. Welch" on Justia Law