Justia Kentucky Supreme Court Opinion Summaries

On December 5, 2020, Covington Police Officer Kevin Igo received a letter alleging that Scott Bitter, a convicted felon, was involved in drug trafficking and had assaulted someone. Officer Igo and other officers went to Bitter's residence to investigate. They conducted a "knock and talk" without announcing themselves as police officers. When Bitter's companion, Susan Hornsby, opened the door, Officer Igo observed drug paraphernalia in plain view, including a scale, baggies, and pills. The officers then conducted a protective sweep of the apartment and later obtained a search warrant, which led to the discovery of drugs and a firearm.The Kenton Circuit Court denied Bitter's motion to suppress the evidence, which argued that the initial entry and subsequent search were unconstitutional. The court found that the officers' actions were lawful, as the drug paraphernalia was in plain view and the protective sweep was justified for officer safety. Bitter was convicted by a jury of two counts of trafficking in controlled substances and being a persistent felony offender, and he was sentenced to twenty years in prison.The Supreme Court of Kentucky reviewed the case and affirmed the lower court's decision. The court held that the trial court's findings were supported by substantial evidence and were not clearly erroneous. The court concluded that Officer Igo's observation of the drug paraphernalia from the doorway was lawful and that the protective sweep was reasonable under the circumstances. The search warrant obtained based on these observations was valid, and the evidence collected was admissible. The court affirmed Bitter's conviction and sentence. View "BITTER V. COMMONWEALTH OF KENTUCKY" on Justia Law

Hunter Smith, a phlebotomist employed by Laboratory Corp of America (Labcorp), sustained a work-related back injury on January 27, 2021, when a shelving unit fell on his head. This incident led to acute lower back injuries requiring surgery. Despite the surgery, Smith continued to experience significant pain and other symptoms. Medical evaluations by Dr. Gregory Lanford and Dr. Jules Barefoot assessed a 24% permanent impairment rating, attributing 19% to the work injury and 5% to pre-existing conditions. Dr. Michael Best, however, disagreed, attributing all of Smith's back issues to pre-existing conditions and assessing a 10% impairment rating.The Administrative Law Judge (ALJ) awarded Smith permanent partial disability (PPD) benefits, accepting Dr. Best's 10% impairment rating but attributing 5% to the work injury. The ALJ also awarded benefits for Smith's psychological condition based on a 20% impairment rating by Dr. Robert Sivley, despite Labcorp's contention that this rating was improperly based on a conditional impairment rating.Labcorp appealed to the Workers’ Compensation Board, arguing that the ALJ improperly relied on Dr. Sivley's rating and should have accepted Dr. Trivette's 0% rating. Smith cross-appealed, arguing that the ALJ misapplied the AMA Guides and should not have admitted Dr. Best's report. The Board affirmed the ALJ's decision, and both parties appealed to the Kentucky Court of Appeals, which also affirmed the Board's decision.The Supreme Court of Kentucky reviewed the case and affirmed the Court of Appeals' decision. The Court held that the ALJ's reliance on Dr. Sivley's impairment rating was justified and that the ALJ's decision was supported by substantial evidence. The Court found no compelling reason to disturb the ALJ's findings, as they were not clearly erroneous. View "LABORATORY CORP. OF AMERICA V. HUNTER SMITH" on Justia Law

Darrie Rushin was indicted on multiple charges, including first-degree burglary and first-degree sodomy. He pled guilty to amended charges and was sentenced to seven years in prison, followed by a five-year period of postincarceration supervision. After completing his initial sentence, Rushin was released but later reincarcerated for violating the terms of his supervision.Rushin requested the Department of Corrections (DOC) to review his sentence calculation, arguing he was wrongfully denied sentence credits that would reduce his reincarceration period. The DOC denied his request, and his subsequent administrative appeal was also denied. Rushin then filed a motion in his underlying criminal case seeking declaratory and injunctive relief. The trial court dismissed his claim on separation-of-powers grounds. On appeal, the Court of Appeals concluded the trial court improperly dismissed the petition but affirmed on other grounds, holding Rushin was not entitled to relief as a matter of law.The Supreme Court of Kentucky reviewed the case and held that inmates reincarcerated for violating postincarceration supervision terms are entitled to earn statutory sentence credits under KRS 197.045 during their reincarceration. The court reasoned that the initial term of imprisonment and the subsequent period of postincarceration supervision are parts of a single sentence. The court emphasized that statutory sentence credits apply to all inmates unless explicitly excluded by statute. Consequently, the decision of the Court of Appeals was reversed. View "RUSHIN V. COMMONWEALTH OF KENTUCKY" on Justia Law

Dennis Keith Sims was convicted by a Casey County jury of two counts of first-degree sexual abuse involving his granddaughters, nine-year-old D.C. and seven-year-old Z.C. The incidents occurred while the girls stayed with Sims during their mother’s illness. Upon their return, D.C. exhibited behavioral changes and later disclosed inappropriate touching by Sims. Both girls provided testimony, with D.C. detailing multiple instances of abuse and Z.C. confirming inappropriate touching.The Casey Circuit Court sentenced Sims to twenty years in prison, following the jury's recommendation. Sims appealed, raising several issues. He argued that the trial court erred by not administering an oath to the prospective jurors before voir dire, violating his Sixth Amendment rights by allowing the girls to testify outside his presence, and admitting late-disclosed evidence. He also contended that the court improperly excluded certain testimony and that there was insufficient evidence to convict him regarding Z.C.The Supreme Court of Kentucky reviewed the case and affirmed the lower court's decisions. The court found no error in the trial court's failure to administer an oath to the venire, as no rule required it. The court also upheld the decision to allow the girls to testify outside Sims’s presence, citing sufficient evidence of their emotional distress. The court ruled that Sims was not deprived of effective counsel despite being separated from his attorney during the girls' testimony, as he had opportunities to consult with his lawyer. The court found no abuse of discretion in admitting the late-disclosed evidence and excluding hearsay testimony. Finally, the court held that there was sufficient evidence to support the conviction related to Z.C., given the testimonies and Sims’s own statements. View "SIMS V. COMMONWEALTH OF KENTUCKY" on Justia Law

In January 2016, Kenneth McPeek Racing Stable, Inc. (McPeek) entered into an oral agreement with Nancy Polk, owner of Normandy Farm, LLC (Normandy), to train a horse named Daddy’s Lil’ Darling. McPeek was to receive monthly training fees, room and board fees, and 12% of the horse’s winnings. After Polk’s death in August 2018, her heirs decided to sell the horse, which fetched $3,500,000 at auction. McPeek claimed an additional 5% commission on the sale, asserting it was part of his oral agreement with Polk, although this term was not documented in writing.The Fayette Circuit Court granted summary judgment in favor of Normandy, citing KRS 230.357(11), which requires a signed writing for any compensation related to the sale of a horse. The court found that McPeek’s claim for a 5% commission was barred by this statute, as there was no written agreement. The court also dismissed McPeek’s quantum meruit claim, stating that he had already been compensated for his training services and that exceptional circumstances justifying equitable relief were not present.The Kentucky Court of Appeals reversed the trial court’s decision, holding that KRS 230.357(11) only applied to buyers, sellers, and their agents in horse transactions. The court reasoned that McPeek’s commission was for training services, not for the sale of the horse, and thus the statute did not apply.The Supreme Court of Kentucky reversed the Court of Appeals, reinstating the trial court’s summary judgment. The Supreme Court held that KRS 230.357(11) applies broadly to any form of compensation connected with the sale of a horse, including McPeek’s claimed commission. The court emphasized that the statute’s plain language requires a signed writing for such compensation to be enforceable, and McPeek’s lack of a written agreement barred his claims. View "NORMANDY FARM, LLC V. KENNETH MCPEEK RACING STABLE, INC." on Justia Law

In 2002, a 208-acre estate in Jessamine County was divided into four parcels. In 2004, the owner of Parcel 2 planned residential development, including a bridge and road extension, which was approved by the Nicholasville Planning Commission (NPC). By 2017, LPW Redevelopment, LLC owned Parcels 2 and 3, sought a zone change, and submitted a development plan, which was approved. Boone Development, LLC purchased Parcel 3 in 2018 and began construction. The NPC required Boone to include the bridge and road extension in a letter of credit, which Boone disputed, leading to this litigation.The Jessamine Circuit Court ruled in favor of Boone, stating the NPC had not made a decision, necessitating a declaratory action. The NPC then issued a Notice of Decision affirming its requirements, which the Board of Adjustment upheld. Boone appealed, and the Jessamine Circuit Court affirmed the Board’s decision, finding the Board’s actions were within its legislative powers, provided due process, and were supported by substantial evidence.The Supreme Court of Kentucky reviewed the case, focusing on the constitutionality of the appeal bond requirement in KRS 100.3471. The Court found the statute unconstitutional, referencing its decision in Bluegrass Trust v. Lexington-Fayette Urban County Government. The Court also addressed the merits of the case, affirming the Jessamine Circuit Court’s decision that Boone was responsible for the bridge and road extension as per the development plan. The Court found no procedural due process violations and determined the Board’s decision was not arbitrary or unreasonable. The Court of Appeals’ dismissal for lack of jurisdiction was reversed, and the Jessamine Circuit Court’s judgment was affirmed. View "RAZ, INC. V. MERCER COUNTY FISCAL COURT" on Justia Law

The case involves the Commonwealth Building, located in the South Hill Historic District in Lexington, Kentucky. Built in the late 1950s, the building was purchased by The Residences at South Hill, LLC in 2017. The Residences sought approval from the Board of Architectural Review (BOAR) to demolish the building and construct a five-story apartment complex. The BOAR approved the demolition, leading to several appeals. The Historic South Hill Neighborhood Association (HSHNA) and Bluegrass Trust for Historic Preservation (Bluegrass Trust) were among the appellants, with Bluegrass Trust arguing that the building contributed to the historic character of the district and could provide economic return if renovated.The Fayette Circuit Court reviewed the case and concluded that the Planning Commission's decision to uphold the BOAR's approval was supported by substantial evidence. The court noted that the Planning Commission had considered various testimonies and evidence, including expert opinions, and found that the Commonwealth Building did not contribute to the historic character of the district. Bluegrass Trust appealed to the Kentucky Court of Appeals but did not post the required appeal bond, arguing financial incapacity. The Court of Appeals dismissed the appeal for lack of jurisdiction due to the failure to post the bond and stated in dictum that it would have affirmed the trial court's decision.The Supreme Court of Kentucky reviewed the case and held that Kentucky Revised Statute (KRS) 100.3471, which mandates an appeal bond in zoning and land use disputes, is unconstitutional. The court found that the statute infringes on the constitutional right of Kentuckians to at least one appeal to the next highest court, as guaranteed by Section 115 of the Kentucky Constitution. Consequently, the court reversed the Court of Appeals' dismissal of the appeal but affirmed the circuit court's decision on the merits, upholding the Planning Commission's approval of the demolition. View "BLUEGRASS TRUST FOR HISTORIC PRESERVATION V. LEXINGTON FAYETTE URBAN COUNTY GOVERNMENT PLANNING COMMISSION" on Justia Law

In 2002, a 208-acre estate in Jessamine County was divided into four parcels. In 2004, the owner of Parcel 2 planned residential development, including a bridge and road extension, which was approved by the Nicholasville Planning Commission (NPC). However, these were not built. LPW Redevelopment, LLC later acquired Parcels 2 and 3, sought a zone change, and submitted a development plan, which included the bridge and road extension. Boone Development, LLC purchased Parcel 3 in 2018 and began construction. The City of Nicholasville then informed Boone it was responsible for the bridge and road extension, which Boone disputed.Boone filed a declaratory action in Jessamine Circuit Court, which ruled in Boone's favor, instructing the NPC to make a decision. The NPC affirmed its letter of credit requirements, including the bridge and road extension. The Board of Adjustment upheld the NPC's decision. Boone appealed, and the Jessamine Circuit Court affirmed the Board's decision, finding the Board's actions were within its legislative powers, provided procedural due process, and were supported by substantial evidence.The Supreme Court of Kentucky reviewed the case, focusing on the constitutionality of the appeal bond requirement in KRS 100.3471. The Court held that the statute imposed an unconstitutional burden on the right to appeal, referencing its contemporaneous decision in Bluegrass Trust v. Lexington-Fayette Urban County Government. The Court reversed the Court of Appeals' dismissal of Boone's appeal for lack of jurisdiction due to the bond issue. On the merits, the Supreme Court affirmed the Jessamine Circuit Court's decision, finding the NPC's requirements for the bridge and road extension were not clearly unreasonable. View "BOONE DEVELOPMENT, LLC V. NICHOLASVILLE BOARD OF ADJUSTMENT" on Justia Law

Jonathan Hardin, a former Louisville Metro Police Department (LMPD) officer, was terminated after the Chief of Police found he violated four Standard Operating Procedures (SOPs). These violations stemmed from two incidents at a school where Hardin was a resource officer: one involving excessive force against a student and another where he failed to read Miranda rights to a juvenile. Hardin appealed his termination to the Louisville Metro Police Merit Board, which upheld the termination after finding he committed three of the four SOP violations.Hardin then appealed to the Jefferson Circuit Court, arguing that the Merit Board improperly considered expunged materials, violated his due process rights by admitting transcribed witness statements without cross-examination, and wrongfully relied on his arrest and criminal charges without a conviction. The Circuit Court affirmed the Merit Board's decision. Hardin further appealed to the Kentucky Court of Appeals, which also affirmed the Circuit Court's ruling.The Supreme Court of Kentucky reviewed the case and affirmed the Court of Appeals' decision. The Court held that the expungement statute did not apply to the internal employment records of the LMPD's Professional Standards Unit (PSU). It also found that Hardin's due process rights were not violated by the Merit Board's consideration of sworn, transcribed witness statements, as the statutes allowed for such evidence and provided sufficient procedural safeguards, including the right to subpoena witnesses. Lastly, the Court ruled that the Chief's termination of Hardin was not arbitrary, even though it partially relied on his arrest and criminal charges, as there were other independent bases for the termination. View "HARDIN V. LOUISVILLE/JEFFERSON COUNTY METROPOLITAN GOVERNMENT" on Justia Law

Dezmon Moore, a police officer with the Louisville Metro Police Department (LMPD), was terminated after the Chief of Police found he had committed three violations of the department's Standard Operating Procedures (SOPs). These violations stemmed from incidents involving domestic altercations with his wife, Bethel Moore, which led to multiple arrests and charges, including assault and violation of a no-contact order. Moore's criminal charges related to these incidents were eventually dismissed or expunged.Moore appealed his termination to the Louisville Metro Police Merit Board, which upheld the termination after finding he had committed two of the three SOP violations. The Jefferson Circuit Court affirmed the Merit Board's decision, and the Court of Appeals also affirmed, though it noted errors in the Merit Board's consideration of expunged materials and transcribed witness statements without cross-examination. However, the Court of Appeals deemed these errors harmless.The Supreme Court of Kentucky reviewed the case. The Court held that the Merit Board did not violate Moore's statutory or constitutional due process rights by considering transcribed witness statements without live testimony and cross-examination. The Court found that the statutes governing the Merit Board provided sufficient procedural safeguards, including the opportunity for Moore to subpoena witnesses. The Court also determined that the expungement statutes did not apply to the internal employment records of the LMPD's Professional Standards Unit (PSU), and thus, the Merit Board did not err in considering those materials.Finally, the Court held that Moore's termination was not arbitrary, even though it was based on arrests and charges rather than convictions. The Chief's decision was supported by proper evidence, and the Merit Board's affirmation of the termination was justified. The Supreme Court of Kentucky affirmed the decision of the Court of Appeals. View "LOUISVILLE/JEFFERSON COUNTY METROPOLITAN GOVERNMENT V. MOORE" on Justia Law