Justia Kentucky Supreme Court Opinion Summaries

The Supreme Court reversed Defendant's convictions for first-degree manslaughter, tampering with physical evidence, possession of a handgun by a convicted felon, and second-degree persistent felony offender, holding that Defendant was deprived of his right to counsel at a critical stage of the proceedings.On appeal, Defendant argued that he was denied the right to conflict-free counsel at a critical stage of the proceedings - during an in-chambers hearing the trial court conducted on the fitness and ability of Defendant's private attorney. The Supreme Court agreed, holding that the court's decision not to inform Defendant of the Commonwealth's allegations against his private attorney and not offer him the opportunity to retain independent counsel to represent his interests was of constitutional magnitude. View "Downs v. Commonwealth" on Justia Law

The Supreme Court held that, in response to the COVID-19 global pandemic, Governor Andy Beshear properly declared a state of emergency and validly revoked the emergency powers granted to him in Ky. Rev. Stat. 93A.After the Governor declared a state of emergency pursuant to Executive Order 2020-215 on March 6, 2020 and proceeded to issue additional executive orders and emergency regulations, Plaintiffs filed suit challenging various orders affecting the reopening of their businesses. The parties obtained a restraining order prohibiting enforcement of certain of the emergency orders. On July 17, 2020, the Supreme Court stayed all injunctive orders. In this opinion, the Supreme Court lifted the stay and directed that those cases proceed consistent with this opinion and, as to circuit court litigation, reversed the July 20, 2020 order that would have granted a temporary injunction against enforcement of the Governor's orders but that was held in abeyance and remanded the case. The Court held (1) the governor properly invoked his emergency powers; (2) during the emergency, no violation of the separation of powers provisions of the Kentucky Constitution occurred; (3) Ky. Rev. Stat. 13A does not limit the governor's authority under the Constitution and Ky. Rev. Stat. 39A in the event of an emergency; and (4) the challenged orders and regulations are not arbitrary under the Constitution. View "Beshear v. Honorable Glenn E. Acree" on Justia Law

The Supreme Court affirmed the decision of the court of appeals dismissing Upper Pond Creek Volunteer Fire Department, Inc.'s appeal of the trial court's denial of its motion to dismiss a portion of Plaintiffs' claims until material facts could be developed in discovery, holding that the court of appeals properly concluded that it lacked appellate jurisdiction.Ronnie and Amanda Kinser filed this complaint alleging that the fire department was negligent in providing assistance to Ronnie and in hiring, training, supervising, and retaining its employees. Pond Creek filed a motion to dismiss, asserting governmental immunity under Ky. Rev. Stat. 75.070. The circuit court granted the motion. The Kinsers filed a motion to alter, amend, or vacate, arguing that section 75.070 does not expressly apply to their claims for negligent hiring and training. The circuit court granted the Kinsers 120 days to conduct discovery regarding the immunity of the fire department and its employees and then sustained the motion to alter, amend, or vacate as to the negligent hiring and training claims. The court of appeals dismissed Pond Creek's appeal for lack of jurisdiction, concluding that the interlocutory order was not immediately appealable. The Supreme Court affirmed, holding that this was an improper interlocutory appeal. View "Upper Pond Creek Volunteer Fire Department, Inc. v. Kinser" on Justia Law

In this dependency, abuse, and neglect proceeding, the Supreme Court held that Ky. Rev. Stat. 620.100(1)(b) does not entitle an indigent parent to state-funded expert assistance in dependency, neglect, and abuse (DNA) cases but that, under certain circumstances, parents are entitled to reasonably necessary expert assistance under the due process provisions of the Kentucky and United States Constitutions.The Cabinet for Health and Family Services filed DNA petitions on behalf of Parents' children based on risk of harm. The family court determined that Mother and Father were indigent, but when counsel for both parties requested funds to hire a medical expert the court denied the request. The court then found that Parents' three children were neglected or abused. The court of appeals reversed, concluding that section 620.100(1)(b) grants indigent parents a right to funding for reasonably necessary expert assistance. The Supreme Court reversed insofar as the court's holding relied on Ky. Rev. Stat. 620.100 but affirmed the court's reversal of the family court on constitutional grounds, holding that whether due process requires a court-appointed expert is best left to the judgment of the trial court. The Court remanded the case for new DNA proceedings with instructions for the family court to analyze the need for expert assistance prior to adjudication. View "Commonwealth, Cabinet For Health & Family Services v. K.S." on Justia Law

The Supreme Court affirmed the decision of the court of appeals reversing the ruling of the trial court denying Defendant's motion to classify him as a domestic violence victim pursuant to Ky. Rev. Stat. 439.3401(5), holding that the evidence was sufficient to satisfy Defendant's burden of proving by a preponderance of the evidence that he was a victim of domestic violence.Defendant pleaded guilty to manslaughter in the first degree for the death of his wife. Defendant moved the trial court to classify him as a domestic violence victim, which would reduce his parole eligibility from eighty-five percent of his sentence to twenty percent of his sentence. The trial court denied the motion, but the court of appeals reversed, concluding that Defendant successfully connected the physical and verbal domestic violence he experienced to the crime he committed. The Supreme Court affirmed, holding that Defendant proved that he was a victim of domestic violence in regard to the manslaughter of his wife. View "Commonwealth v. Crowe" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals affirming Defendant's drug-related convictions, holding that the circuit court did not err in denying Defendant's motion to suppress.After he was arrested and indicted, Defendant moved to suppress the evidence seized during a traffic stop, arguing that the law enforcement officer impermissibly prolonged the stop to facilitate a dog sniff search. The trial court denied the request. The court of appeals affirmed. The Supreme Court affirmed, holding that the actions taken to facilitate the arrest of Defendant's passenger did not impermissibly extend his traffic stop, and therefore, the trial court correctly denied Defendant's motion to suppress the evidence resulting from the subsequent use of the narcotics dog. View "Rhoton v. Commonwealth" on Justia Law

The Supreme Court affirmed Defendant's conviction and sixty-five-year sentence for attempted murder, first-degree robbery, and other crimes, holding that the trial court did to err by denying two of Defendant's directed verdict motions and that there was no error in Defendant's sentencing phase.On appeal, Defendant argued that the trial court committed reversible error when it denied his directed verdict motions for first-degree robbery and first-degree wanton endangerment and that his sentencing phase was unfairly tainted by incorrect information regarding parole eligibility. The Supreme Court affirmed, holding (1) this Court overrules precedent requiring defendants to comply with the "second rule" of preservation; (2) in order to preserve an alleged directed verdict issue for appeal, criminal defendants must move for a directed verdict at the close of the Commonwealth's evidence and renew the directed verdict motion at the close of all evidence; (3) the trial court did not err by denying Defendant's motions for directed verdict; (4) even though testimony by the Commonwealth's sole witness in the sentencing phase regarding first-degree wanton endangerment was clearly false, the error was not palpable; and (5) the Commonwealth's misstatement of parole eligibility during its closing argument did not constitute manifest injustice resulting in palpable error. View "Ray v. Commonwealth" on Justia Law

In this lawsuit brought against Johnson & Johnson, Inc. and other entities (collectively, Defendants) alleging state tort claims due to injuries caused by a Class III medical device the Supreme Court reversed the judgment of the trial court granting Defendants' motion for judgment on the pleadings based on federal preemption of all claims, holding that, under Kentucky's notice pleading standards, the motion for judgment on the pleadings should have been denied.In their complaint, Plaintiffs asserted claims for, inter alia, strict liability negligence, and lack of informed consent. Defendants moved for judgment on the pleadings based on federal preemption of all claims. The trial court granted the motion and dismissed all of Plaintiffs' claims. The court of appeals affirmed. The Supreme Court reversed, holding that, under Kentucky's notice pleading standard, Plaintiffs' complaint sufficiently put Defendants on notice of parallel claims under Kentucky law that may not be preempted. View "Russell v. Johnson & Johnson Inc." on Justia Law

The Supreme Court affirmed the order of the trial court denying Defendant's motion for DNA testing with respect to hair found at the residence of the victims whom Defendant was convicted of murdering, burglarizing, and robbing, holding that the trial court did not err.Defendant was convicted of murder and sentenced to death. This appeal concerned Defendant's motion seeking DNA testing of hair that was found in the victims' home. The trial court denied the motion. The Supreme Court affirmed after noting that Defendant's DNA arguments have been raised and rejected by both the Supreme Court and the federal courts, holding that no reasonable probability existed that the DNA testing and analysis would produce exculpatory evidence. View "Hodge v. Commonwealth" on Justia Law

The Supreme Court affirmed the judgment of the circuit court convicting Defendant of wanton murder and four counts of first-degree wanton endangerment, holding that the trial court did not err in denying Defendant's motion for a directed verdict.On appeal, Defendant argued that the trial court erroneously denied his motions for a directed verdict on the wanton murder and wanton endangerment charges because the evidence was insufficient to establish "aggravated wantonness" and to prove that his conduct caused the victim's death. The Supreme Court affirmed, holding that the Commonwealth met its burden of persuasion, and therefore, the trial court did not err by denying Defendant's motion for a directed verdict of acquittal on the charges. View "Taylor v. Commonwealth" on Justia Law