DISCRETIONARY REVIEW GRANTED May 11, 2005
The Supreme Court granted discretionary review in the following cases.
- Mohammad v. Commonwealth, 2004-SC-875-DG
Criminal Law. Carrying a Concealed Deadly Weapon. Glove Compartment
Exception . The issue is whether the glove compartment exception in KRS
527.020(8) applies to factory-installed center consoles. - Davis v. City of Winchester, 2004-SC-820-DG
Malicious Prosecution . Evidence . Issues include whether the trial court
properly could preclude the plaintiff from putting into evidence the fact that
all criminal charges were dismissed and instead simply not give an
instruction concerning whether the plaintiff achieved a favorable result in the
criminal case. - Distler v. Pearson, 2004-SC-791-DG
Torts . Personal Injury. Retrial . A verdict was returned by a jury on liability
and damages . A new trial was granted on damages only. Proof of
damages was limited on retrial to the proof submitted during the first trial,
regardless of subsequent developments. Issues include (1) whether a new
trial should have been granted on both liability and damages due to claims
of passion and prejudice on the part of the first jury, and (2) whether it was
proper to limit the proof of damages on retrial . - Revenue Cabinet. Commonwealth of Kentucky v. GTE South, Inc ., n/k/a
Verizon South Inc. , 2004-SC-519-DG and (Cross Motion) GTE South, Inc.,
n/k/a Verizon South, Inc. v. Revenue Cabinet, Commonwealth of Kentucky,
2005-SC-223-DG
Taxation . Notice of Assessment. Timeliness . Refunds . Issues include whether the Revenue Cabinet, in assessing additional tax against taxpayer following an audit, complied with the time and notice requirements of KRS139.620(1); and, if collection of the assessment is barred, whether and to what extent it may withhold, toward satisfaction of the assessment, refund amounts which may be due for a lesser period included within the audit
period .
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