Kentucky Case Commentaries

RAP 20 Emergency Relief Is Confined to Injunction Orders; KRS 403.220 Appellate-Fee Requests Belong in Family Court

Date: Apr 24, 2026

RAP 20 Emergency Relief Is Confined to Injunction Orders; KRS 403.220 Appellate-Fee Requests Belong in Family Court I. Introduction Chastity Ellison v. Hon. Terri Schoborg (Ky. Apr. 23, 2026) arises...

Kentucky Rejects Automatic Immunity and Federal Preemption for Highway Design Consultants; “Mandated Design” Defense Requires Undisputed Mandate

Date: Apr 24, 2026

Kentucky Rejects Automatic Immunity and Federal Preemption for Highway Design Consultants; “Mandated Design” Defense Requires Undisputed Mandate Case: Hmb Professional Engineers, Inc. v. Jennings L....

Reverse Hammer Clauses in Kentucky: Courts May Impose the Original Plea Sentence After a Conditional Leniency Offer Is Breached by a New Arrest—So Long as Sentencing Discretion Is Independently Exercised

Date: Apr 24, 2026

Reverse Hammer Clauses in Kentucky: Courts May Impose the Original Plea Sentence After a Conditional Leniency Offer Is Breached by a New Arrest—So Long as Sentencing Discretion Is Independently...

Kentucky ORA “Agency-Custody” Rule: Private Emails and Texts of Volunteer Commission Members Are Not “Public Records”

Date: Apr 24, 2026

Kentucky ORA “Agency-Custody” Rule: Private Emails and Texts of Volunteer Commission Members Are Not “Public Records” I. Introduction In Kentucky Department of Fish and Wildlife Resources Commission...

R.L.P. v. Commonwealth of Kentucky: KRS Chapter 202C Upheld—“Potential Guilt” Screening by Preponderance Without Jury Is Constitutional in Civil Commitment

Date: Apr 24, 2026

R.L.P. v. Commonwealth of Kentucky: KRS Chapter 202C Upheld—“Potential Guilt” Screening by Preponderance Without Jury Is Constitutional in Civil Commitment 1. Introduction In R.L.P. v. Commonwealth...

Voluntary Intoxication and Directed Verdicts: Intent and “True Threats” May Be Inferred from Conduct and Context During Resistance to Arrest (Oakley v. Commonwealth)

Date: Apr 24, 2026

Voluntary Intoxication and Directed Verdicts: Intent and “True Threats” May Be Inferred from Conduct and Context During Resistance to Arrest (Oakley v. Commonwealth) Publication status: The Supreme...

When the Victim’s State of Mind Is Not “At Issue”: Limiting Uncommunicated Threats, Admitting Prior DV to Rebut “Crossfire,” and Permitting Foreseeable Expert Nuance

Date: Apr 24, 2026

When the Victim’s State of Mind Is Not “At Issue”: Limiting Uncommunicated Threats, Admitting Prior DV to Rebut “Crossfire,” and Permitting Foreseeable Expert Nuance Introduction In Christopher...

Kentucky Rejects Derivative Sovereign Immunity for Highway Design Consultants; “Mandated Design” and Federal Standards Do Not Bar Parallel Negligence Claims

Date: Apr 24, 2026

Kentucky Rejects Derivative Sovereign Immunity for Highway Design Consultants; “Mandated Design” and Federal Standards Do Not Bar Parallel Negligence Claims I. Introduction In Hdr Engineering, Inc....

Kentucky Rejects Automatic Immunity and Broad Federal Preemption for Highway Design Consultants

Date: Apr 24, 2026

Kentucky Rejects Automatic Immunity and Broad Federal Preemption for Highway Design Consultants Case: HMB Professional Engineers, Inc. v. Kristina L. Ives, Individually (consolidated appeals) Court:...

Joinder of Separately Committed Child-Sex Offenses in a Single Household; KRE 412 “Demonstrably False” Gatekeeping for Prior-Accusation Impeachment; No Confrontation Violation from Witness Seating

Date: Apr 24, 2026

Joinder of Separately Committed Child-Sex Offenses in a Single Household; KRE 412 “Demonstrably False” Gatekeeping for Prior-Accusation Impeachment; No Confrontation Violation from Witness Seating...

Hybrid Counsel Limits: Closing Argument Cannot Substitute for Testimony; Separate Victim Counts for Promoting a Sexual Performance by a Minor

Date: Apr 24, 2026

Hybrid Counsel Limits: Closing Argument Cannot Substitute for Testimony; Separate Victim Counts for Promoting a Sexual Performance by a Minor Introduction In John Taylor v. Commonwealth of Kentucky,...

Workers’ Compensation Fee Appeals After Mahl: KRS 342.320 Counsel Must Be Joined, but Nonjoinder Is Not Automatically Jurisdictional

Date: Apr 24, 2026

Workers’ Compensation Fee Appeals After Mahl: KRS 342.320 Counsel Must Be Joined, but Nonjoinder Is Not Automatically Jurisdictional Introduction In Kelly Porter v. Axelon, Inc. (Ky. Apr. 23, 2026)...

Kendra Russell v. International Automotive Components — Three-Multiplier Requires Specific Findings Linking Work Injury to Inability to Perform Pre-Injury Job

Date: Apr 24, 2026

Three-Multiplier Requires Specific Findings Linking Work Injury to Inability to Perform Pre-Injury Job (KRS 342.730(1)(c)1); Board May Vacate and Remand When ALJ’s Explanation Lacks Record Support 1....

Kentucky ORA “Custody-and-Status” Rule: Volunteer Commission Members’ Private Emails/Texts Are Not Public Records Absent Public-Agency Custody

Date: Apr 24, 2026

Kentucky ORA “Custody-and-Status” Rule: Volunteer Commission Members’ Private Emails/Texts Are Not Public Records Absent Public-Agency Custody Case: Kentucky Open Government Coalition, Inc. v....

Palpable-Error Reversal for Moss “Liar-or-Truth-Teller” Cross-Examination in a Credibility-Dependent Controlled-Buy Case

Date: Apr 24, 2026

Palpable-Error Reversal for Moss “Liar-or-Truth-Teller” Cross-Examination in a Credibility-Dependent Controlled-Buy Case I. Introduction In Paul Jones v. Commonwealth of Kentucky (Ky. Apr. 23, 2026),...

Richard Tower v. Commonwealth of Kentucky — No “Per Se” Conflict or Plea Withdrawal Where Coercion Claims Target the Mediator/Prosecutor, Not Defense Counsel

Date: Apr 24, 2026

No “Per Se” Conflict or Plea Withdrawal Where Coercion Claims Target the Mediator/Prosecutor, Not Defense Counsel Introduction In Richard Tower v. Commonwealth of Kentucky (Ky. Apr. 23, 2026) (Not to...

Kentucky Whistleblower Act Retaliation Requires a “Materially Adverse” Employment Action (KCRA/Burlington Standard Adopted)

Date: Apr 24, 2026

Kentucky Whistleblower Act Retaliation Requires a “Materially Adverse” Employment Action (KCRA/Burlington Standard Adopted) 1. Introduction In Sgt. Kevin Burton; Lt. Frank Chad Taylor; and Sgt. Mike...

Highway Design Consultants Are Not Cloaked with the Commonwealth’s Immunity; “Mandated Design” Is a Fact Question; FHWA/AASHTO Standards Do Not Preempt Parallel Kentucky Negligence Claims

Date: Apr 24, 2026

Highway Design Consultants Are Not Cloaked with the Commonwealth’s Immunity; “Mandated Design” Is a Fact Question; FHWA/AASHTO Standards Do Not Preempt Parallel Kentucky Negligence Claims...

Supervisory Writ Voids Judicial Impeachment Based on Case Rulings: Verified-Petition Compliance, Separation of Powers, and Due Process Limits

Date: Apr 8, 2026

Supervisory Writ Voids Judicial Impeachment Based on Case Rulings: Verified-Petition Compliance, Separation of Powers, and Due Process Limits Introduction In Julie Muth Goodman v. Jason Nemes, in His...

Supervisory-Writ Limits on Legislative Impeachment of Sitting Judges for Judicial Rulings

Date: Apr 8, 2026

Supervisory-Writ Limits on Legislative Impeachment of Sitting Judges for Judicial Rulings Commentary on Julie Muth Goodman v. Jason Nemes, in His Official Capacity as Chair of the House of...