COA 2009 Minutes: August 21, 2009 (Nos. 818-855)
PUBLISHED DECISIONS WITH LINKS TO FULL TEXT
818
Lawson v. Com.
CLAYTON, JUDGE: This is an appeal of the denial of a motion to alter, amend or
vacate
pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42 brought by
appellant, Leslie Lee Lawson. For the reasons that follow, we affirm in
part, reverse in part and remand the judgment of the Laurel Circuit
Court.
830
Fuston v. Com.
BEFORE: NICKELL, STUMBO, AND WINE, JUDGES.
WINE,
JUDGE: Richard Fuston (“Richard”) appeals from an order of the Whitley
Circuit Court denying post-conviction relief under Kentucky Rules of
CriminalProcedure (“RCr”) 11.42 from his conviction for first-degree
manslaughter. Thetrial court originally denied relief and Richard
appealed to this Court. This Courtaffirmed in part and remanded in part
for an evidentiary hearing. On remand, an evidentiary hearing was held,
and the trial court again ruled against Richard. Wenow review the
issues in Richard’s RCr 11.42 motion; namely, whether thedomestic
violence exception to the violent offender statute should apply to him
as amatter of law; whether his trial counsel was ineffective for
failing to move the trialcourt to apply the domestic violence exception
to the violent offender statute; and whether the trial court erred by
refusing to qualify his expert in domestic violence at the hearing. We
reverse and remand, with direction to the trial court to apply
thedomestic violence exception to the violent offender statute.
832
Oller v. Com.
BEFORE: MOORE AND NICKELL, JUDGES; HARRIS,1 SENIOR JUDGE.
HARRIS,
SENIOR JUDGE: Cleatus Ray Oller, pro se, appeals from the denial of his
motion for post-conviction relief pursuant to Kentucky Rules of Civil
Procedure (CR) 60.02. He argues that the trial judge lacked authority
to entertain his motion. We affirm.
834
Hicks v. Magoffin County Board of Ed.
BEFORE: COMBS, CHIEF JUDGE; VANMETER, JUDGE; LAMBERT,1 SENIOR JUDGE.
VANMETER,
JUDGE: John Hicks appeals from a summary judgment entered by the
Magoffin Circuit Court dismissing his claim relating to the failure of
the Magoffin County Board of Education (Board) to hire him for the
position of special education teacher/director. We affirm. Hicks, a
certified special education teacher, applied to the Board seeking the
position of special education teacher/director for the 2002-03 school
year. The Board declined to hire Hicks, instead hiring a noncertified
but otherwise qualified teacher after obtaining an emergency
certificate approved by the Kentucky Education Professional Standards
Board. Hicks filed a complaint in the Magoffin Circuit Court, and
discovery was conducted. Eventually both parties filed motions for
summary judgment, and the trial court granted summary judgment for the
Board. This appeal followed.
838
Jacob v. Dripchak
BEFORE: COMBS, CHIEF JUDGE; NICKELL AND TAYLOR, JUDGES.
TAYLOR,
JUDGE: Robert A. Jacob, M.D. brings this appeal from a May 13, 2008,
judgment of the Jefferson Circuit Court confirming an arbitration award
entered on November 10, 2007, and as clarified on January 28, 2008, in
favor of Bluegrass Orthopaedic Group, P.S.C. We affirm in part, reverse
in part, and remand with directions. I. BACKGROUND This case arises
from an employment relationship between Bluegrass Orthopaedic Group,
P.S.C. (Bluegrass) and Dr. Jacob.
854
C.(P.C.) v. C. (C.M.)
BEFORE: COMBS, CHIEF JUDGE; VANMETER, JUDGE; LAMBERT,1 SENIOR JUDGE.
COMBS,
CHIEF JUDGE: P.C.C. (P) appeals from a judgment of adoption of the Bell
Circuit Court effectively terminating his parental rights and allowing
his son’s stepfather to adopt him. The evidence before the court did
not establish clearly and convincingly that P willfully abandoned his
son. Therefore, we vacate the judgment.
