PUBLISHED DECISIONS
- TOCHE V. THE AMERICAN WATERCRAFT ASSOCIATION
CIVIL PROCEDURE - Statute of Limitations
2004-CA-001074
Published
AFFIRMING
JUDGE: SCHRODER
Date: 11/4/2005
Held the one-year statute of limitations applied to injuries suffered in a personal watercraft accident (and not five year period). KRS 413.140(1)(a) and not KRS 413.120 applies.
- MARDIS V. COM.
CRIMINAL - Guilty Plea (effect)
2004-CA-000632
Published
AFFIRMING
BUCKINGHAM, JUDGE
Date: 11/4/2005Mardis appealed from an order denying his motion to vacate judgment pursuant to CR 60.02. The issue is whether Mardis should be granted relief from his conviction and 12-year sentence for manufacturing methamphetamine in light of the Kentucky Supreme Court’s later decision in Kotila v. Commonwealth, 114 S.W.3d 226 (Ky. 2003). Held the trial court properly denied Mardis’s motion, and thus affirmed.
Mardis overlooks the fact that he pled guilty to the offense. “Kentucky courts have long held that a guilty plea precludes a post-judgment challenge to the sufficiency of the evidence.” Johnson v. Commonwealth, 103 S.W.3d 687, 696 (Ky. 2003). We reject Mardis’s argument for that reason. - FLETCHER V. COM.
CRIMINAL - Search and seizure (reasonable suspicion, terry stop)
2004-CA-002181
Published
AFFIRMING
JUDGE: COMBS
Date: 11/4/2005Affirmed conviction and admissibility of weapon found during pat down. Officers had reasonable suspicion in approaching defendant and asking few questions. He was not seized at that point. In light of defendant's immediate associates running off at this point, the officer was justifed in full-scape Terry stop.
HORNBACK V. BANKERS LIFE INS. CO.
INSURANCE - Contract interpretation
2004-CA-001724
Published
AFFIRMING
JUDGE: BUCKINGHAM
Date: 11/4/2005
COA did not find the terms "treated", "diagnosed" and "disease" as ambiguous terms not defined in the application." Affirmed denial of coverage for pre-existing condition. Hornbacks’ claim that they are entitled to coverage based on the doctrine of reasonable expectations. was rejected. See Woodson v. Manhattan Life Ins. Co. of New York, 743 S.W.2d 835, 839 (Ky. 1987).
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