Justia Kentucky Supreme Court Opinion Summaries

Judy Howell suffered a work-related back injury in 1993 while employed by the Floyd County Board of Education and was awarded workers’ compensation benefits, including future medical expenses. For nearly thirty years, she was prescribed Hydrocodone for pain management. In 2022, the employer sought to reopen the claim, contesting the compensability of Hydrocodone based on Kentucky’s adoption of the Official Disability Guidelines (ODG), which do not recommend long-term opioid use. Medical experts for the employer opined that Hydrocodone was not medically reasonable or necessary under the ODG, while Howell’s treating physician supported continued use.An Administrative Law Judge (ALJ) found the Hydrocodone prescription non-compensable, citing the ODG and the lack of evidence showing significant benefit from continued use. The ALJ allowed for a reasonable weaning period. The Workers’ Compensation Board affirmed, finding substantial evidence supported the ALJ’s decision. The Kentucky Court of Appeals also affirmed, but reasoned that applying the ODG’s presumption of non-compensability to Howell’s longstanding award was a substantive change that could not retroactively reduce her vested rights. However, the appellate court still upheld the denial of Hydrocodone because substantial evidence supported the ALJ’s decision.The Supreme Court of Kentucky reviewed the case and affirmed the lower courts’ decisions, but clarified that the adoption of the ODG and its rebuttable presumption regarding certain treatments is a remedial, not substantive, change. The Court held that the ODG’s application does not violate due process or equal protection, nor does it retroactively impair vested rights. The main holding is that the ODG creates a rebuttable presumption regarding medical necessity, and substantial evidence supported the ALJ’s finding that Hydrocodone was not compensable for Howell’s work injury. View "HOWELL V. FLOYD COUNTY BOARD OF EDUCATION" on Justia Law

A police officer employed by a city in Kentucky worked a rotating schedule of 36 and 44 hours per week, but was paid for 40 hours each week without overtime for hours worked beyond 40 in a given week. After a state audit revealed the city’s payroll practices violated overtime requirements, the city issued back pay to affected employees and revised its procedures. The officer, believing the back pay was insufficient and that certain categories of compensation were miscalculated, rejected the payment and filed suit for unpaid overtime, vacation, and sick leave, as well as liquidated damages and attorney’s fees. The relevant period for the claim was limited by statute to the officer’s last three years of employment.The Bullitt Circuit Court, after a bench trial, found the city liable for unpaid overtime and vacation pay, but denied liquidated damages and retirement hazardous duty pay, and initially awarded sick leave. Upon the city’s motion to amend, the trial court corrected calculation errors, eliminated the sick leave award based on a city ordinance, and reduced the overtime award. The court also awarded only $2,500 in attorney’s fees, far less than the amount requested and supported by detailed billing records. The Kentucky Court of Appeals affirmed the denial of liquidated damages, sick leave, and retirement hazardous duty pay, but reversed and remanded for reconsideration of statutory interest and attorney’s fees.The Supreme Court of Kentucky affirmed the Court of Appeals in full. It held that the trial court properly amended its judgment to correct errors based on evidence presented at trial, that liquidated damages under the wage statute are discretionary when the employer acts in good faith, that statutory interest applies from the date of judgment, and that the trial court abused its discretion by arbitrarily reducing attorney’s fees without explanation. The case was remanded for proper calculation of interest and attorney’s fees. View "WHEELER V. CITY OF PIONEER VILLAGE, KENTUCKY" on Justia Law

Ava Creech, a 62-year-old woman with severe scoliosis, was found dead in her Lexington apartment in October 2020, bound and gagged in a closet. The investigation revealed that William P. Brown, who had been staying with Creech, was the last person seen with her. Evidence linked Brown to Creech’s stolen car and necklace, both of which he possessed or pawned after her disappearance. Brown’s fingerprints and DNA were found on items in the apartment, and he was later arrested in possession of Creech’s pill bottles. At trial, Brown testified, offering alternative explanations for his possession of Creech’s property and his presence in her apartment.The Fayette Circuit Court conducted a jury trial, where Brown was convicted of murder, receiving stolen property, being a felon in possession of a handgun, and being a second-degree persistent felony offender. The jury recommended a life sentence, which the trial court imposed. Brown appealed as a matter of right to the Supreme Court of Kentucky, raising several issues including prosecutorial misconduct, discovery violations, and Confrontation Clause errors.The Supreme Court of Kentucky found that the Commonwealth’s failure to disclose recorded jail phone calls between Brown and his sister constituted a discovery violation. The Court held that this nondisclosure may have substantially impacted Brown’s defense strategy and presentation, warranting reversal. Additionally, the Court identified errors in the prosecutor’s comments regarding Brown’s decision to testify and the admission of hearsay testimony about a Post-It note’s authorship, which violated Brown’s Confrontation Clause rights. The Supreme Court of Kentucky reversed the judgment and sentence of the Fayette Circuit Court and remanded the case for a new trial. View "BROWN V. COMMONWEALTH OF KENTUCKY" on Justia Law

The case concerns a man who was convicted of two counts of murder following the deaths of his aunt and cousin, who were found shot in the aunt’s home. The investigation revealed that the defendant had previously lived at the home, and evidence such as spent shell casings, a magazine, and drug paraphernalia was found at the scene and in his apartment. The defendant was located in California days after the murders, having left Kentucky and nearly emptied his bank account. He was apprehended and questioned by law enforcement, during which he made statements about the case.The Trigg Circuit Court conducted an eight-day trial, during which the defendant raised several objections. He challenged the inclusion of certain jurors for cause, the admission of evidence regarding prior drug use and related activities under Kentucky Rule of Evidence 404(b), and the admission of statements made after he referenced wanting a lawyer during police questioning. He also objected to the conduct of a law enforcement officer at trial, alleging that the officer’s nonverbal reactions could have influenced the jury. After the jury found him guilty and recommended life without parole, the trial court denied his motion for a new trial.On appeal, the Supreme Court of Kentucky reviewed each of the defendant’s claims. The court held that the trial court did not abuse its discretion in refusing to strike the challenged jurors for cause, admitting the contested 404(b) evidence, or admitting the defendant’s statements made before an unequivocal request for counsel. The court also found no abuse of discretion in denying a new trial based on the officer’s conduct, as there was insufficient proof of jury influence. The court further held that the cumulative error doctrine did not apply, as no individual errors were found. The judgment of the Trigg Circuit Court was affirmed. View "STINSON V. COMMONWEALTH OF KENTUCKY" on Justia Law

The appellant was convicted of multiple offenses, including first-degree rape, first-degree sodomy, distribution of obscene material to a minor, use of a minor in a sexual performance, first-degree sexual abuse, and sixty-eight counts of possession of matter portraying a sexual performance by a minor. The charges arose from incidents in which the appellant, while babysitting two children, sexually abused an eight-year-old girl and, over a period of time, also abused a boy who lived with him. The investigation began after the girl disclosed the abuse to her mother, leading to police involvement, the seizure of the appellant’s cellphone, and the discovery of child pornography, including images of the boy.The Madison Circuit Court denied the appellant’s motion to suppress evidence obtained from his cellphone, finding that the warrantless seizure was justified by probable cause and exigent circumstances, and that the delay in obtaining a search warrant was reasonable. At trial, the court admitted images of child pornography extracted from the cellphone, over the appellant’s objections regarding authentication and Confrontation Clause rights. The jury convicted the appellant on all counts, and he was sentenced to life imprisonment.On appeal, the Supreme Court of Kentucky affirmed the convictions. The Court held that raw, machine-extracted data from the Cellebrite forensic tool is not testimonial hearsay and does not implicate a defendant’s Confrontation Clause rights, as such data is not a statement by a person. The Court also found that the photographs were properly authenticated, no prosecutorial misconduct occurred, and there was no double jeopardy violation in convicting the appellant for both use of a minor in a sexual performance and possession of the same image. The Court further held that the evidence was sufficient to support the rape conviction and found no cumulative error. View "BALDWIN V. COMMONWEALTH OF KENTUCKY" on Justia Law

A fatal motor vehicle accident occurred after a patron, Bailey, was served alcohol at two establishments, including one operated by the appellants. Bailey drove the wrong way on an interstate, resulting in a collision that killed himself and five members of the Abbas family. The Abbas family’s estates sued the restaurant operators (collectively “Roosters”) for dram shop liability and negligent training. At the time, Roosters held both a businessowners policy (BOP) and a commercial umbrella policy (CUP) with Grange Insurance Company. The BOP provided $1,000,000 in liquor liability coverage, which was undisputed. The dispute centered on whether the CUP also provided liquor liability coverage, particularly in light of an endorsement (CU 47) that replaced the liquor liability exclusion in the CUP.The Fayette Circuit Court found the language of the CUP and CU 47 ambiguous when considered alongside the BOP, reasoning that umbrella policies are intended to supplement underlying coverage. The court granted summary judgment to Roosters, holding that the CUP provided additional coverage. Grange appealed, and the Kentucky Court of Appeals reversed, finding CU 47 unambiguously replaced the liquor liability exclusion and precluded coverage under the CUP. The appellate court remanded for entry of a declaratory judgment in Grange’s favor.The Supreme Court of Kentucky reviewed the case de novo. It held that CU 47 unambiguously replaced the liquor liability exclusion in the CUP, leaving no basis for additional coverage. The court enforced the policy as written, declining to consider extrinsic evidence or arguments not preserved below. The Supreme Court of Kentucky affirmed the Court of Appeals, holding that the commercial umbrella policy does not provide liquor liability coverage for the claims at issue. View "GEORGETOWN CHICKEN COOP, LLC V. GRANGE INSURANCE COMPANY" on Justia Law

A local government enacted an ordinance that completely prohibited its police officers from seeking or executing no-knock warrants within its jurisdiction. This ordinance was adopted after the state legislature passed a statute (SB 4, now codified in KRS 455.180 and related provisions) that did not ban no-knock warrants outright, but instead imposed strict conditions and procedural safeguards for their issuance and execution. The statute allowed no-knock warrants only in limited circumstances, subject to a clear and convincing evidentiary standard, approval by a superior officer, consultation with prosecutors, and time-of-day restrictions.The Fraternal Order of Police challenged the ordinance in Fayette Circuit Court, arguing that it conflicted with state law. The trial court found no express or implied conflict, reasoning that the statute did not require the use of no-knock warrants, but merely set conditions for their issuance, and thus the ordinance’s total ban did not conflict with the statute. On appeal, the Kentucky Court of Appeals reversed the trial court, but did not definitively resolve the conflict issue, instead remanding for further proceedings, particularly in light of collective bargaining questions.The Supreme Court of Kentucky granted discretionary review and held that the local ordinance directly conflicted with the state statute. The Court reasoned that the statute authorizes law enforcement officers to seek no-knock warrants under certain conditions, while the ordinance prohibits them from ever doing so, making it impossible for officers to comply with both. The Court concluded that when a local ordinance prohibits what a state statute permits, the ordinance is void. The Supreme Court of Kentucky reversed the Court of Appeals and declared the ordinance null, void, and of no effect. View "LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT V. FRATERNAL ORDER OF POLICE" on Justia Law

The case involved a violent confrontation between two former friends, Raiantez Shackles and Marvin Yarbrough, which escalated after a series of personal disputes, including threats and a romantic entanglement. On January 5, 2021, after a prior shooting incident involving their vehicles, Marvin and his wife Cassandra returned home from a funeral to find their residence under threat. Upon arrival, they were confronted by two armed men, and Shackles emerged from behind a tree, pointing a gun at them. A shootout ensued, resulting in both Marvin and Cassandra being shot, while their four children and Marvin’s brother were inside the home. The scene was chaotic, with multiple bullet holes found throughout the residence and a neighbor’s home.A jury in the Jefferson Circuit Court convicted Shackles of two counts of first-degree assault, six counts of first-degree wanton endangerment, possession of a handgun by a felon, and being a first-degree persistent felony offender. The jury recommended a sixty-year sentence, which the trial court reduced to forty-five years under Kentucky law. Shackles appealed, raising several claims of error regarding jury instructions, evidentiary rulings, and the conduct of the sentencing phase.The Supreme Court of Kentucky reviewed the case and affirmed the trial court’s judgment. The Court held that the trial court did not abuse its discretion in declining to give a self-defense instruction, as there was no evidence that Marvin used unlawful force. The Court found that while the admission of certain hearsay evidence was erroneous, it was harmless given the other evidence presented. The Court also upheld the admission of body camera footage and crime scene photographs, denied the directed verdict motions on the wanton endangerment charges, and found no manifest injustice in the jury polling or the admission of victim impact testimony. The judgment of conviction and sentence was affirmed. View "SHACKLES V. COMMONWEALTH OF KENTUCKY" on Justia Law

Several individuals who allegedly owed debts to Kentucky public institutions—either for medical services at the University of Kentucky or for educational services at the University of Kentucky, Morehead State University, or the Kentucky Community & Technical College System—challenged the referral of their debts to the Kentucky Department of Revenue for collection. The plaintiffs argued that the statutes used to justify these referrals did not apply to their debts and that the Department unlawfully collected the debts, sometimes without prior court judgments or adequate notice. The Department used its tax collection powers, including garnishments and liens, to recover these debts, and in some cases, added interest and collection fees.In the Franklin Circuit Court, the plaintiffs sought declaratory and monetary relief, including refunds of funds collected. The Circuit Court ruled that the Department was not authorized by statute to collect these debts and held that sovereign immunity did not protect the defendants from the plaintiffs’ claims. The court also certified the medical debt case as a class action. The Court of Appeals reviewed these interlocutory appeals and held that while sovereign immunity did not bar claims for purely declaratory relief, it did bar all claims for monetary relief, including those disguised as declaratory relief.The Supreme Court of Kentucky reviewed the consolidated appeals. It held that sovereign immunity does not bar claims for purely declaratory relief or for a refund of funds that were never due to the state, nor does it bar constitutional takings claims. However, the court held that sovereign immunity does bar claims for a refund of funds that were actually due to the state, even if those funds were unlawfully or improperly collected. The court affirmed in part, reversed in part, and remanded for further proceedings to determine which funds, if any, were never due to the state and thus subject to refund. The court also found that statutory changes rendered prospective declaratory relief in the medical debt case moot, but not retrospective relief. View "LONG V. COMMONWEALTH OF KENTUCKY" on Justia Law

The case concerns Isaiah Brown, who, along with Rayshawn Tucker and Fatima Alabusalim, was implicated in the murder and first-degree robbery of DaMani Dulaney in Louisville, Kentucky. Alabusalim, who had relationships with both Tucker and Dulaney, testified that Tucker was upset about her relationship with Dulaney and devised a plan to rob him, enlisting her and Brown’s help. On the night of the incident, Alabusalim lured Dulaney to a park, where Tucker and Brown confronted him. Brown broke the driver’s side window with a gun, and after Alabusalim was pulled from the car, a single gunshot was fired, resulting in Dulaney’s death. The trio fled to Florida after the crime. Evidence included text messages, cell site data, and testimony from Alabusalim, who initially gave false statements to police but later admitted her involvement.The Jefferson Circuit Court tried Brown alone after his co-defendants entered plea agreements. The jury found Brown guilty of murder (complicity) and first-degree robbery (complicity), recommending concurrent sentences of twenty-two years for murder and ten years for robbery. The court sentenced Brown accordingly. Brown appealed, raising issues about the admission of certain evidence, including hearsay regarding phone number attribution, the foundation for text messages, improper opinion testimony by a detective, the admission of co-conspirator statements, and cumulative error.The Supreme Court of Kentucky reviewed the case and affirmed the convictions. The court held that while the trial court erred in admitting hearsay evidence identifying Brown’s phone number and in allowing improper opinion testimony about a witness’s credibility, these errors were harmless or did not result in manifest injustice. The court found that the text messages were properly authenticated and that the co-conspirator exception to the hearsay rule was satisfied. The cumulative effect of the errors did not render the trial fundamentally unfair. View "BROWN V. COMMONWEALTH OF KENTUCKY" on Justia Law