Justia Kentucky Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the trial court convicting Defendant of four counts of first-degree assault and other crimes and sentencing him as a first-degree persistent felony offender (PFO) to forty years' imprisonment, holding that any error was harmless.Specifically, the Supreme Court held that the trial court (1) did not err when it allowed into evidence a Facebook video from an anonymous tipster allegedly depicting the shooting; (2) did not commit palpable error when it allowed the testimony of Detective O'Daniel, who narrated surveillance video footage; (3) properly allowed Aleisha Courtney's prior identification of Defendant; (4) properly allowed another detective's prior identification of Defendant; (5) improperly excluded evidence of a civil suit by the victims against Defendant, but the error did not likely affect the outcome of the trial; (6) properly allowed Defendant's prior felony convictions at trial and at sentencing; and (7) properly allowed a summary sheet of Defendant's prior convictions that was prepared with certified records. Further, there was sufficient evidence of Defendant's prior felony convictions to support his conviction for possession of a handgun. View "Mattingly v. Commonwealth" on Justia Law

The Supreme Court held that Louisville Metro Government (LMG) and its employees are cloaked in sovereign immunity and qualified official immunity for an alleged violation of Ky. Rev. Stat. 71.040 and that money damages are unavailable because Ky. Rev. Stat. 446.070 does not waive immunity.James Hatcher died within twenty-four hours of entering the custody of the Louisville Metro Department of Corrections (LMDC). Plaintiffs filed suit alleging a violation of section 71.040. Plaintiffs alleged multiple torts and constitutional violations, seeking compensatory and punitive damages from LMG, the LMDC director, and six LMDC guards. The circuit court granted summary judgment for Defendants on all claims, and the court of appeals affirmed. The Supreme Court reversed in part, holding that LMG was immune from a claim for money damages, and that immunity was not waived. View "A.H. v. Louisville Metro Government" on Justia Law

The Supreme Court reversed the opinion of the court of appeals vacating and remanding the circuit court's denial of Defendant's motion to modify the terms of his probation to remove a restriction prohibiting him from having access to the internet during his probationary period, holding that Defendant's failure to challenge the probation restriction prohibiting all access to the internet at the time the restriction was imposed was fatal to Defendant's request to relief.In vacating the probation restriction, the court of appeals concluded that the complete ban on internet access under the facts of this case was impermissibly vague and overly burdensome on Defendant's right to free speech. The Supreme Court reversed, holding that because Defendant did not object to the restriction, the court of appeals should not have entertained this challenge, and its decision on the merits was in error. View "Commonwealth v. Jennings" on Justia Law

The Supreme Court reinstated the trial court's summary judgment dismissing Mary Wilson's Kentucky Whistleblower Act (KWA) claims against Northern Kentucky Area Development District, Inc. (NKADD), holding that NKADD is one of the Commonwealth's political subdivisions, making it a KWA-covered employer and thus potentially liable for Wilson's claims.Wilson brought her KWA claim in circuit court against NKADD, her former employer, alleging that NKADD retaliated against her after she reported a co-worker's fraudulent billing practice by forcing her resignation. The trial court concluded that NKADD was not a KWA-covered employer and granted NKADD's motion for summary judgment. The court of appeals reversed. The Supreme Court reversed, holding that NKADD is not a political subdivision of the state because it does not serve an integral function of government; and (2) therefore, NKADD was not subject to the KWA as a political subdivision and was therefore not subject to Wilson's claims under the KWA. View "Northern Kentucky Area Development District v. Wilson" on Justia Law

The Supreme Court reversed the ruling of the court of appeals that the term "person" in Kentucky's Loss Recovery Act, Ky. Rev. Stat. Chapter 372, is limited to a natural person, holding that the Commonwealth had standing to bring this suit.The Commonwealth, through the Secretary of the Justice and Public Safety Cabinet, filed the underlying complaint seeking to recover under statutory treble damages for money lost by its citizens playing real-money poker on an illegal internet website called PokerStars, which was owned by Defendants (collectively, PokerStars). The court entered partial summary judgment against Defendants based on the actual amount Kentucky players lost on PokerStars' websites. The court of appeals reversed, holding that the Commonwealth lacked standing because it did not qualify as "any other person" under the Act. The Supreme Court reversed, holding (1) the Commonwealth qualified as a "person" under the Act; (2) the Commonwealth had standing to bring this lawsuit; and (3) the manner in which the trial court calculated damages in this case was proper. View "Commonwealth ex rel. Brown v. Stars Interactive Holdings Ltd." on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the circuit court's grant of summary judgment to Big Sandy Area Development District, Inc. (BSADD) in this negligence and wrongful death action, holding that BSADD did not have governmental immunity but that the trial court properly granted summary judgment on the merits of Plaintiff's claims against BSADD.BSADD arranges for assistants to visit elderly clients in their homes on a regular basis. After Emma Jean Hall died of the effects of sepsis that developed from a bed sore on her lower back, Plaintiff, in her capacity as the executrix of Hall's estate, brought this action alleging that Hall's condition could have been found and remedied had BSADD's home care aid not been negligently attentive. The trial court granted BSADD's motion for summary judgment, concluding that BSADD enjoyed governmental immunity. The court of appeals affirmed. The Supreme Court affirmed but on different grounds, holding (1) BSADD did not have governmental immunity because it did not perform an integral state function; and (2) BSADD was entitled to judgment as a matter of law on the substance of the negligence claim because it did not breach of standard of care to Hall. View "Howard v. Big Sandy Area Development District, Inc." on Justia Law

The Supreme Court reversed the opinion of the court of appeals holding that the Department for Community Based Services, Cabinet for Health and Family Services (Cabinet) exceeded its statutory authority by investigating allegations that Rebecca Baker neglected children in her care, holding that the Cabinet did not meet its burden of proof to substantiate its allegations of neglect against Baker.Baker worked for an elementary school afterschool program supervising several young children. The Cabinet substantiated findings of neglect against Baker, and a hearing officer affirmed the Cabinet's findings of neglect. On appeal, the court of appeals sua sponte raised the issue of whether the Cabinet had the authority to investigate Baker and concluded that it did not. The Supreme Court reversed, holding (1) the Cabinet did not exceed its statutory authority by investigating the allegations against Baker; but (2) the Cabinet did not meet its burden of proof to substantiate the allegation of neglect by Baker. View "Department for Community Based Services v. Baker" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the court of appeals affirming the order of the family court in this divorce action, holding that the family court miscalculated the combined monthly income for purposes of setting child support.On appeal, Appellant challenged the family court's classification and division of marital property, calculation of maintenance, and calculation of child support. The court of appeals affirmed the family court's decision in its entirety. The Supreme Court reversed in part and remanded the case for further proceedings, holding (1) the family court erred in classifying Appellee's restricted stock units and thus miscalculated the combined monthly income in setting child support; and (2) the family court did not abuse its discretion by not considering Appellee's income as an independent factor for increasing directed maintenance or computing Appellant's reasonable needs. View "Normandin v. Normandin" on Justia Law

The Supreme Court affirmed Defendant's sentence of twenty years' imprisonment and convictions of not guilty by reason of insanity for first-degree murder, not guilty by reason of insanity for first-degree burglary, guilty but mentally ill of two counts of second-degree assault and guilty but mentally ill of fourth-degree assault, holding that any error was not prejudicial.Specifically, the Supreme Court held (1) the jury’s verdicts were not impermissibly inconsistent; (2) the trial court did not err by failing to grant Defendant's motions for directed verdict; (3) the trial court did not abuse its discretion by failing to provide lesser-included offense instructions to the jury; (4) the trial court's failure to provide the jury with the definition of "dangerous instrument" was harmless error; (5) the trial court did not abuse its discretion by denying Defendant's motion to strike two jurors for cause; and (6) the trial court erred by not making the requisite statutory findings under Ky. Rev. Stat. 703 before admitting prior bad act evidence, but the error was harmless. View "Exantus v. Commonwealth" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming the trial court's grant of summary judgment for the defendants in this insurance dispute, holding that the Legislature has clearly and unequivocally excluded captive insurers from the requirements of the Kentucky Unfair Claims Settlement Practices Act (USCPA), Ky. Rev. Stat. 304.12-230.Plaintiff brought this action against various healthcare defendants. The medical negligence claims were eventually settled. Thereafter, the circuit court denied Plaintiff's motion for declaratory relief as to his bad faith insurance claim against First Initiatives Insurance, Ltd., a foreign captive insurance entity that provides self-insurance for Catholic Health Initiatives, Inc. The court granted summary judgment for Catholic Health and First Initiatives. The court of appeals affirmed. The Supreme Court affirmed, holding that First Initiatives, as a captive insurer, is not subject to the USCPA. View "Merritt v. Catholic Health Initiatives, Inc." on Justia Law