Justia Kentucky Supreme Court Opinion Summaries

Charlie, the one-year-old son of Breazeale's girlfriend Samantha, was not Breazeale’s son. When he and Charlie had strep, Breazeale babysat Charlie. Breazeale was the only person in the home with Charlie that day. The next morning, when she removed Charlie’s clothing, Samantha saw bruises all over his body. Breazeale said that he tripped and landed on Charlie. Breazeale would not allow Samantha to take Charlie to the hospital. Charlie began spitting up blood, so Samantha and her mother took him to the emergency room. Charlie had life-threatening injuries and was flown to Kosair Children's Hospital in Louisville. After surgery, Charlie was hospitalized for 12 days. He was placed on a ventilator but survived. The Medical Director in Chief of the Division of Child Maltreatment at the University of Louisville testified that Charlie’s injuries were consistent with an intrusion injury: a stomp, kick, or punch to his stomach.Breazeale was convicted of first-degree assault and first-degree criminal abuse. The Supreme Court of Kentucky affirmed his 30-year sentence, rejecting Breazeale’s argument that his two convictions violated his rights against double jeopardy. The trial court did not abuse its discretion by failing to instruct the jury on justifiable force or by allowing evidence of Breazeale’s prior bad acts and photographic evidence Breazeale’s right to a unanimous verdict was not violated; all 12 jurors had to find that Breazeale intentionally committed some violent act against Charlie; it was not required to identify the specific act. View "Breazeale v. Kentucky" on Justia Law

The Supreme Court affirmed the decision of the court of appeals affirming the trial court's grant of summary judgment for Defendants - a hospital and various doctors and nurses - and dismissing Plaintiff's medical malpractice claims, holding that Plaintiffs' claims were properly dismissed.When she was in active labor Plaintiff was admitted to the University of Louisville Hospital. The next day, Plaintiff delivered her baby. During her delivery, Plaintiff suffered a fourth-degree laceration, and two weeks later she was diagnosed with a rectovaginal fistula. Plaintiff sued several healthcare defendants, including the doctors under whose care Plaintiff delivered her baby. The trial court granted summary judgment in favor of all defendants, and the court of appeals affirmed. The Supreme Court affirmed, holding (1) Plaintiff's claims against her treating physicians were time barred; and (2) no genuine issue of material fact existed as to whether the treating physicians were ostensible agents of the hospital, and therefore, the lower courts correctly dismissed the claims against the hospital. View "Sneed v. University of Louisville Hospital" on Justia Law

The Supreme Court affirmed the judgment of the trial court denying Appellant's motion to withdraw his guilty plea, holding that the trial court did not abuse its discretion in refusing to allow Appellant to withdraw his guilty plea.Appellant entered a guilty plea pursuant to North Carolina v. Alford, 91 S. Ct. 160 (1970), to the murder of his wife. Appellant subsequently filed a motion to withdraw his guilty plea, alleging deficiencies in representation. The trial court denied the motion. The Supreme Court vacated the judgment and remanded the case for further proceedings. On remand, the trial court again denied Appellant's motion to withdraw his guilty plea. The Supreme Court affirmed, holding (1) the trial court did not err in denying Appellant's motion to withdraw his guilty plea due to ineffective assistance of counsel, counsel's alleged conflict of interest, or Appellant's incorrect belief that he could withdraw his guilty plea at any point prior to sentencing; and (2) the trial court did not abuse its discretion in denying Appellant's motion to withdraw his plea. View "Zapata v. Commonwealth" on Justia Law

The Supreme Court reversed Defendant's convictions for first-degree fleeing or evading, first-degree wanton endangerment, reckless driving, and being a first-degree persistent felony offender, holding that the trial court erred by depriving Defendant of the right to be represented during a critical stage of the trial.On appeal, Defendant argued, among other things, that he was denied representation at a critical stage of his trial through the trial court's ex parte discussion with a juror who had been offered a bribe. The trial court's interview with the juror was conducted outside of Defendant's presence. The Supreme Court reversed Defendant's convictions, vacated the sentences, and remanded this matter to the trial court for further proceedings, holding that the trial court's failure to take action to include counsel during the bench conference and the failure to admonish the juror to disregard her encounter and not to discuss the attempted bribe with fellow jurors violated Defendant's right to a fair trial as guaranteed by his rights to representation and right to be present at all critical stages of trial. View "Eversole v. Commonwealth" on Justia Law

The Supreme Court affirmed the opinion of the court of appeals reversing the judgment of the circuit court dismissing Plaintiffs' second action against Defendants, the trustees of their parents' trust, because a prior action had been filed in and decided by the district court, holding that Plaintiffs' filing in the circuit court was appropriate under the circumstances.In the earlier action, Plaintiffs filed a notice-order-motion to remove trustees and for other relief, alleging breach of fiduciary duties. The district court denied the requested relief. The circuit court affirmed. While Plaintiffs' appeal was pending in the circuit court they filed the instant proceeding in the circuit court alleging that Defendants breached their statutory and common law duties. Defendants filed a motion to dismiss and remand to the district court on the grounds that Ky. Rev. Stat. 386B.2-030 vested the district court with exclusive jurisdiction over matters arising from the same trust matter which had been before it. The circuit court denied the motion but remanded the matter to the district court, concluding that the district court had exclusive jurisdiction. The court of appeals reversed. The Supreme Court affirmed, holding that the underlying matter and claims in the two cases were different, and therefore, Plaintiffs' filing in the circuit court was appropriate. View "Hauber v. Hauber" on Justia Law

The Supreme Court affirmed the judgment of the trial court convicting and sentencing Defendants for several counts of first-degree robbery, tampering with physical evidence and of being first-degree persistent felony offenders, holding that any error in the trial proceedings was harmless.Defendants in this case were Dawan Q. Mulazim and Quincinio Deonte Canada. After a jury found them guilty, the trial court sentenced Mulazim to sixty years in prison and Canada to fifty years in prison. The Supreme Court affirmed, holding (1) the trial court did not err in admitting a pre-trial identification of Canada; (2) there was sufficient evidence to support the first-degree robbery charges; (3) the Commonwealth's closing argument did not impermissibly shift the burden of proof; (4) the trial court did not err in refusing to strike jurors for cause; (5) the information presented in the penalty phase complied with Mullikan v. Commonwealth, 341 S.W.3d 99 (Ky. 2011); and (6) the trial court's decision to shackle Defendants during sentencing was an abuse of discretion, but the error was harmless. View "Mulazim v. Commonwealth" on Justia Law

The Supreme Court reversed the decision of the court of appeals ruling that the family court abused its discretion by granting Father visitation with his child, holding that substantial evidence supported the family court's findings of fact.In a dissolution of marriage action, the family court granted Mother temporary sole custody of the parties' child. Father later filed a motion to modify the established custody order, arguing that it would be in the child's best interest to have visitation with him. The family court judge granted Father's motion to gradually establish visitation. Mother moved the family court to alter, amend, or vacate its order. The family court denied the motion. The court of appeals reversed. The Supreme Court reversed, holding that the family court did not abuse its discretion by finding that an incremental visitation and reunification plan between Father and the child was in the child's best interest. View "B.S.S. v. K.S." on Justia Law

The Supreme Court reversed the decision of the court of appeals reversing a portion of an order of the family court that modified the parties' timesharing arrangement and recalculated child support, holding that the court of appeals erred.The family court issued an order modifying the parties' timesharing arrangement and holiday schedule and recalculating child support. The court of appeals affirmed the modification of the holiday scheduled but otherwise reversed. The Supreme Court reversed the decision of the court of appeals as to the issues before the Court, holding (1) the court of appeals incorrectly interpreted and applied Ky. Rev. Stat. 403.270 and Ky. Rev. Stat. 403.320; (2) the family court did not err in modifying the timesharing schedule; and (3) the family court did not err in calculating child support based on the parties' stated salaries and in declining to impute income to Wife for gifts received from her parents. View "Layman v. Bohanon" on Justia Law

The Supreme Court reversed Defendant's conviction of murder and vacated her twenty-year sentence, holding that the trial court committed reversible error by failing to grant Defendant's motions for a mistrial and in ruling that Defendant did not qualify for the domestic violence exemption for parole ineligibility.Specifically, the Supreme Court held (1) the trial court abused its discretion in failing to grant a mistrial after the Commonwealth played inadequately redacted recordings of police interviews with Defendant; and (2) the trial court erred in ruling that Defendant did not qualify for the domestic violence exemption for parole eligibility pursuant to Ky. Rev. Stat. 403.720. View "Roberts v. Commonwealth" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals reversing the decision of the trial court granting partial summary judgment in favor of Paul Mostert and partially dismissing The Mostert Group, LLC's (TMG) breach of contract claims, holding that partial summary judgment in favor of Mostert was improper.Mostert agreed to transfer certain computer technology to TMG in exchange for TMG stock, cash, and a promissory note payable in installments. When Mostert refused to deliver to TMG the source code, which was essential to maintaining and updating the software technology, TMG refused to make the final promissory note payment to Mostert. TMG filed two lawsuits against Mostert. The circuit court granted Mostert's motion for partial summary judgment on the grounds that TMG's allegations against Mostert arose after the note was executed and the trial court previously established that Mostert had a security interest in and therefore a right to possess the collateral. The court of appeals reversed, holding that Mostert possessed a security interest in the software but not the source code. The Supreme Court affirmed, holding that Mostert breached the parties' contract, which excused TMG's obligation to further perform under the contribution agreement. View "Mostert v. Mostert Group, LLC" on Justia Law