Kentucky Case Commentaries

Waiver by Affirmative Approval of Jury Instructions and Limits on Speculative Digital-Extraction Challenges

Date: Mar 21, 2026

Waiver by Affirmative Approval of Jury Instructions and Limits on Speculative Digital-Extraction Challenges (Hatfield v. Commonwealth) Introduction In Ryan Hatfield v. Commonwealth of Kentucky, the...

Hall v. Commonwealth: Defendant Bears Burden to Disqualify Entire Prosecutor’s Office When Former Defense Counsel Joins That Office; Broad Admissibility of Crime-Context Evidence in Penalty-Phase-Only Trials

Date: Mar 21, 2026

Hall v. Commonwealth: Defendant Bears Burden to Disqualify Entire Prosecutor’s Office When Former Defense Counsel Joins That Office; Broad Admissibility of Crime-Context Evidence in...

Combined Penalty-Phase Misinstructions on Offense Class and Maximum Sentence Constitute Palpable Error Requiring Resentencing

Date: Mar 21, 2026

Combined Penalty-Phase Misinstructions on Offense Class and Maximum Sentence Constitute Palpable Error Requiring Resentencing Case: Christopher T. Thrasher v. Commonwealth of Kentucky Court: Supreme...

When the Defense Calls the KCPC Competency Evaluator: No Conley “Wall” Violation from Wide-Open Cross on Criminal Responsibility; Surprise Expert Diagnosis Changes Permit Exclusion

Date: Mar 21, 2026

When the Defense Calls the KCPC Competency Evaluator: No Conley “Wall” Violation from Wide-Open Cross on Criminal Responsibility; Surprise Expert Diagnosis Changes Permit Exclusion I. Introduction In...

Mandamus Unavailable to Compel Privilege Ruling or Disqualify Counsel After Inadvertent Disclosure When Ordinary Evidentiary Remedies Exist

Date: Mar 21, 2026

Mandamus Unavailable to Compel Privilege Ruling or Disqualify Counsel After Inadvertent Disclosure When Ordinary Evidentiary Remedies Exist Case: City of Prospect, Kentucky v. Ann Bailey Smith (Ky....

Kentucky Parole Revocations: ALJ Final Hearings Permitted, but Due Process Requires a Parolee “Exceptions” Path to the Parole Board

Date: Mar 21, 2026

Kentucky Parole Revocations: ALJ Final Hearings Permitted, but Due Process Requires a Parolee “Exceptions” Path to the Parole Board Case: Douglas Hodge v. Kentucky Parole Board; Kentucky Parole Board...

Limits of Kentucky’s Castle Doctrine for Invited Guests: “Unlawful and Forcible Entry” Remains Essential (and Mistrial Does Not Preserve Instructional Error)

Date: Mar 21, 2026

Limits of Kentucky’s Castle Doctrine for Invited Guests: “Unlawful and Forcible Entry” Remains Essential (and Mistrial Does Not Preserve Instructional Error) Publication status: This is a Kentucky...

Due Process Requires an “Exceptions” Opportunity When the Kentucky Parole Board Delegates Final Revocation Hearings to ALJs

Date: Mar 21, 2026

Due Process Requires an “Exceptions” Opportunity When the Kentucky Parole Board Delegates Final Revocation Hearings to ALJs I. Introduction In Kentucky Parole Board v. Timothy Shane (consolidated...

KRS 421.350 Protection Turns on the Child’s Age at the Time of the Offense: Sparkman and Walker Overruled to the Extent They Conflict with Danner

Date: Mar 21, 2026

KRS 421.350 Protection Turns on the Child’s Age at the Time of the Offense: Sparkman and Walker Overruled to the Extent They Conflict with Danner Case: Michael Gibbs v. Commonwealth of Kentucky (Ky....

Mootness of In Forma Pauperis Appeals Once the Clerk Has Filed the Pleading (and “Adversely Affected” Limits Reconsideration)

Date: Mar 21, 2026

Mootness of In Forma Pauperis Appeals Once the Clerk Has Filed the Pleading (and “Adversely Affected” Limits Reconsideration) 1. Introduction In Rebekah A. Atkins v. Office of the Jefferson County...

Kentucky Recognizes a Limited “Take-Home” Asbestos Duty for Regular Household Contact and Bars “No Duty” Summary Judgment Where Foreseeability Is Fact-Disputed

Date: Mar 21, 2026

Kentucky Recognizes a Limited “Take-Home” Asbestos Duty for Regular Household Contact and Bars “No Duty” Summary Judgment Where Foreseeability Is Fact-Disputed I. Introduction In Schneider Electric...

When Compensability Is Denied, the 45-Day Medical-Billing Rule Is Excused for “Reasonable Grounds,” and Workers’ Compensation Petitions for Review Count as “Briefs” for Amicus Timing

Date: Mar 21, 2026

When Compensability Is Denied, the 45-Day Medical-Billing Rule Is Excused for “Reasonable Grounds,” and Workers’ Compensation Petitions for Review Count as “Briefs” for Amicus Timing I. Introduction...

Kentucky “Take-Home” Asbestos Duty Survives Summary Judgment When Foreseeability Turns on Disputed Facts

Date: Mar 21, 2026

Kentucky “Take-Home” Asbestos Duty Survives Summary Judgment When Foreseeability Turns on Disputed Facts Case: Schneider Electric USA, Inc., f/k/a Square D v. Williams / Union Carbide Corporation v....

RAP 11 Requires Post-Filing, Court-Determined Sanctions: Kentucky Rejects Clerk-Gatekept Pre-Filing Appellate Injunctions

Date: Mar 13, 2026

RAP 11 Requires Post-Filing, Court-Determined Sanctions: Kentucky Rejects Clerk-Gatekept Pre-Filing Appellate Injunctions Introduction In Meredith L. Lawrence v. Bingham, Greenebaum, Doll, LLP...

Claimant Testimony Alone Can Support KRS 342.730(1)(c)(1)’s 3x Multiplier Despite No Physician-Imposed Restrictions (Including Cumulative Trauma)

Date: Feb 22, 2026

Claimant Testimony Alone Can Support KRS 342.730(1)(c)(1)’s 3x Multiplier Despite No Physician-Imposed Restrictions (Including Cumulative Trauma) I. Introduction In International Automotive...

Transportation Services Agreements Can Create “Contractor” Status: Up-the-Ladder Immunity for Manufacturers Assuming Delivery/Transport Work by Contract

Date: Feb 22, 2026

Transportation Services Agreements Can Create “Contractor” Status: Up-the-Ladder Immunity for Manufacturers Assuming Delivery/Transport Work by Contract Case: Minova USA, Inc. v. Tom Jolly (Ky. Feb....

Temporary Injunctions Cannot Compel Prejudgment Monetary Payments; CR 65.05 Bond Is Mandatory and Nonwaivable

Date: Feb 22, 2026

Temporary Injunctions Cannot Compel Prejudgment Monetary Payments; CR 65.05 Bond Is Mandatory and Nonwaivable Case: Ashley Caudill; Brittany Evans; Chase Fossitt; Cherry Wilson; Darwin Simpson;...

Contextual “Family-Dynamic” Bad-Acts Evidence Admissible to Explain Delay in Child-Sex-Abuse Reporting; Admonition Cures Stray Character Remark; Directed-Verdict Preservation Requires Element-Specificity

Date: Feb 22, 2026

Contextual “Family-Dynamic” Bad-Acts Evidence Admissible to Explain Delay in Child-Sex-Abuse Reporting; Admonition Cures Stray Character Remark; Directed-Verdict Preservation Requires...

Unequivocal Invocation Required: No Faretta Hearing, No Substitution of Appointed Counsel, and No Lesser-Included Instructions Without Supporting Evidence

Date: Feb 22, 2026

Unequivocal Invocation Required: No Faretta Hearing, No Substitution of Appointed Counsel, and No Lesser-Included Instructions Without Supporting Evidence Case: Brice Rhodes v. Commonwealth of...

Routine Affirmance of ALJ Economic-Realities Findings: Substantial Evidence, No “Third-Guessing,” and No Sua Sponte Redesign of the Test

Date: Feb 22, 2026

Routine Affirmance of ALJ Economic-Realities Findings: Substantial Evidence, No “Third-Guessing,” and No Sua Sponte Redesign of the Test Introduction In Christine Nicole Falconite v. Shed Wise, LLC...

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