Kentucky Case Commentaries

KRS 218A.1415(2)(a) Creates an Absolute Three-Year Cap on Incarceration, Precluding Consecutive POCS Sentences Beyond Three Years

Date: Feb 22, 2026

KRS 218A.1415(2)(a) Creates an Absolute Three-Year Cap on Incarceration, Precluding Consecutive POCS Sentences Beyond Three Years Case: Commonwealth of Kentucky v. Russell T. Amboree Court: Supreme...

Kentucky’s “Common School” Funding Lockbox: Public Money Cannot Fund Charter Schools Outside District Governance Without Voter Approval

Date: Feb 22, 2026

Kentucky’s “Common School” Funding Lockbox: Public Money Cannot Fund Charter Schools Outside District Governance Without Voter Approval Case: Commonwealth of Kentucky, Ex Rel. Attorney General...

Harmless-Error Review for Missing RCr 8.27(2) Suppression Hearings When Custody Facts Are Not Materially Disputed

Date: Feb 22, 2026

Harmless-Error Review for Missing RCr 8.27(2) Suppression Hearings When Custody Facts Are Not Materially Disputed I. Introduction David Louis McCampbell v. Commonwealth of Kentucky (Ky. Feb. 19,...

Miranda Waiver Valid Despite Unstated Arrest Rationale; Probable-Cause Warrantless Felony Arrests and Incident Searches Reaffirmed (Ky.)

Date: Feb 22, 2026

Miranda Waiver Valid Despite Unstated Arrest Rationale; Probable-Cause Warrantless Felony Arrests and Incident Searches Reaffirmed (Ky.) Case: Edgar Hernandez v. Commonwealth of Kentucky (Supreme...

Claimant Must Prove a Work-Caused, AMA Guides–Ratable Impairment for Each Body Part; Deference to ALJ Fact-Finding and Reasonable Inferences Despite Sparse Findings

Date: Feb 22, 2026

Claimant Must Prove a Work-Caused, AMA Guides–Ratable Impairment for Each Body Part; Deference to ALJ Fact-Finding and Reasonable Inferences Despite Sparse Findings Introduction Ellis Joiner v. MAC...

Reaffirming Bowerman Finality: Dispositive Interlocutory Workers’ Compensation Findings Cannot Be Revisited Absent Newly Discovered Evidence, Fraud, or Mistake (and Factual Errors Must Be Preserved by KRS 342.281)

Date: Feb 22, 2026

Reaffirming Bowerman Finality: Dispositive Interlocutory Workers’ Compensation Findings Cannot Be Revisited Absent Newly Discovered Evidence, Fraud, or Mistake (and Factual Errors Must Be Preserved...

Kentucky’s Common-School Funding “Lockbox” Bars Charter-School Funding Without Voter Approval (HB 9 Invalid)

Date: Feb 22, 2026

Kentucky’s Common-School Funding “Lockbox” Bars Charter-School Funding Without Voter Approval (HB 9 Invalid) I. Introduction In Gus LaFontaine v. Council for Better Education, Inc. (Ky. Feb. 19,...

Record-Refuted Plea-Withdrawal Claims: No RCr 8.10 Evidentiary Hearing Required When the Boykin Colloquy Confirms Voluntariness and Cures Alleged Misadvice

Date: Feb 22, 2026

Record-Refuted Plea-Withdrawal Claims: No RCr 8.10 Evidentiary Hearing Required When the Boykin Colloquy Confirms Voluntariness and Cures Alleged Misadvice Case: James Blakemore v. Commonwealth of...

Purchase Price Alone Is Not Enough: Reliable Proof of Property Value Is Required to Sustain a First-Degree Criminal Mischief Conviction (and Truth-in-Sentencing Must Exclude Victim Identifiers)

Date: Feb 22, 2026

Purchase Price Alone Is Not Enough: Reliable Proof of Property Value Is Required to Sustain a First-Degree Criminal Mischief Conviction (and Truth-in-Sentencing Must Exclude Victim Identifiers) Jason...

Tardy Brady/Discovery Disclosures in Kentucky Require a Showing of Prejudice; Exclusion-and-Impeachment as an Adequate Mid‑Trial Remedy (Shannon v. Commonwealth)

Date: Feb 22, 2026

Tardy Brady/Discovery Disclosures in Kentucky Require a Showing of Prejudice; Exclusion-and-Impeachment as an Adequate Mid‑Trial Remedy (Shannon v. Commonwealth) Introduction Case: Mark Shannon v....

Writ Review Is Available to Criminal Defendants Challenging Disqualification of Longstanding Appointed Counsel; Speculative “Lawyer-as-Witness” Conflict Is Insufficient

Date: Feb 22, 2026

Writ Review Is Available to Criminal Defendants Challenging Disqualification of Longstanding Appointed Counsel; Speculative “Lawyer-as-Witness” Conflict Is Insufficient Case: Mary Schulkers v....

Intoxication Alone Does Not Render a Confession Involuntary Absent Coercive Police Conduct; Lay “Demeanor-Means-Guilt” Opinions Are Error but Not Necessarily Palpable

Date: Feb 22, 2026

Intoxication Alone Does Not Render a Confession Involuntary Absent Coercive Police Conduct; Lay “Demeanor-Means-Guilt” Opinions Are Error but Not Necessarily Palpable I. Introduction Case: Matthew...

Vacatur “Wipes the Slate Clean”: De Novo Resentencing, Competency at the Time of Resentencing, and the KRS 532.110 “Yardstick” Cap

Date: Feb 22, 2026

Vacatur “Wipes the Slate Clean”: De Novo Resentencing, Competency at the Time of Resentencing, and the KRS 532.110 “Yardstick” Cap Case: Thomas R. Moore v. Commonwealth of Kentucky Court: Supreme...

Palpable Error Requires Concrete, Non-Speculative Prejudice: Courtroom Security Measures, Juror Fear, Late-Night Allen Charge, and Improved Audio Playback Upheld Absent Objection

Date: Feb 22, 2026

Palpable Error Requires Concrete, Non-Speculative Prejudice: Courtroom Security Measures, Juror Fear, Late-Night Allen Charge, and Improved Audio Playback Upheld Absent Objection Introduction In...

RCr 11.42 Affidavit as a Limited Fifth Amendment Waiver: Compelled Postconviction Testimony Confined to Germane Matters and Shielded from Use at Retrial

Date: Feb 22, 2026

RCr 11.42 Affidavit as a Limited Fifth Amendment Waiver: Compelled Postconviction Testimony Confined to Germane Matters and Shielded from Use at Retrial Introduction In William Meece v. Hon. John R....

Knowingly False Bond-Reduction Representations Warrant Probated Suspension (Not Reprimand) in Kentucky Attorney Discipline

Date: Feb 21, 2026

Knowingly False Bond-Reduction Representations Warrant Probated Suspension (Not Reprimand) in Kentucky Attorney Discipline Case: In Re: Michael Joseph Beattie (Supreme Court of Kentucky,...

Delayed Disclosure, Context Evidence, and Expert–Lay Boundaries in Child Sexual Abuse Trials: Commentary on Airan Hernandez Mendez v. Commonwealth of Kentucky

Date: Dec 19, 2025

Delayed Disclosure, Context Evidence, and Expert–Lay Boundaries in Child Sexual Abuse Trials: Commentary on Airan Hernandez Mendez v. Commonwealth of Kentucky I. Introduction In Airan Hernandez...

Indivisibility of Patient Safety Work Product and Limits on Peer Review Privilege: Commentary on Baptist Healthcare System, Inc. d/b/a Baptist Health Paducah v. Kitchen

Date: Dec 19, 2025

Indivisibility of Patient Safety Work Product and Limits on Peer Review Privilege in Kentucky: Commentary on Baptist Healthcare System, Inc. d/b/a Baptist Health Paducah v. Kitchen Supreme Court of...

Transferred Intent, Complicity, and Youthful Offender Sentencing in Kentucky: Commentary on Sturgis v. Commonwealth

Date: Dec 19, 2025

Transferred Intent, Complicity, and Youthful Offender Sentencing in Kentucky: Commentary on Marique Q. Sturgis v. Commonwealth of Kentucky Court: Supreme Court of Kentucky (Memorandum Opinion, Not to...

Unrelated Drug Questioning During Ongoing Traffic Stops Permissible if It Does Not Prolong the Stop: Commentary on Randall Bays v. Commonwealth of Kentucky

Date: Dec 19, 2025

Unrelated Drug Questioning During Ongoing Traffic Stops Permissible if It Does Not Prolong the Stop: Commentary on Randall Bays v. Commonwealth of Kentucky I. Introduction This commentary examines...

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