Jewish Hospital appeals from the dismissal of its claims against Louisville/Jefferson County Metro Government, wherein the Jefferson Circuit Court found Louisville/Jefferson County Metro Government was entitled to... ... ... sovereign immunity. After careful review, we affirm in part and vacate and remand in part... Louisville/Jefferson County Metro Government (hereinafter "Metro Government"), as well as the Commonwealth, have entered into a contract known as the Quality and Charity...  

Bonnie Smith appeals from the summary judgment and dismissal of her claim to an ownership interest in certain real property in Martin County, Kentucky, from which timber was harvested. We affirm... ... ... The parties are members of one family. The family's patriarch was James E. Horn. James E. had four children — James Henry Horn, Billie Rambo, Bonnie Smith, and Geneva Sue Littler... The patriarch, James E., died testate on April 10, 2002. His will devised his home and lot, described as...  

Cheryl Lynn McNees ("Sherry") appeals from the findings of fact, conclusions of law and decree of dissolution of marriage entered by the Whitley Circuit Court on February 2, 2007. The issues which she raises concern the amount and duration of maintenance awarded by the trial court, its... ... ... division of the marital property, and its refusal to award her attorney's fees and medical expenses... Sherry married Terry George McNees on August 7, 1999. It was the third marriage for both...  

Mark Jackson appeals from a judgment of conviction by the Boone Circuit Court finding him guilty of complicity to commit second-degree robbery and for being a first-degree persistent felony offender (PFO I). He argues that his trial was tainted by numerous instances of prosecutorial misconduct, and... ... ... that he was entitled to a directed verdict on the PFO I charge. However, most of his claims of prosecutorial misconduct are not preserved, and we find that none of them, either...  

Gary Wilfred Byrd appeals pro se from an order of the Warren Circuit Court dismissing his post-conviction Kentucky Rules of Criminal Procedure (RCr) 11.42 motion. Finding no error, we affirm... ... ... In May 2000, Byrd was indicted for first-degree trafficking in a controlled substance, a class C felony, and for being a persistent felony offender in the first degree (PFO I). Several months later, a second indictment was returned against Byrd charging him with the same offenses. As court...  

Dwayne Anthony Bruce appeals from an order of the Jefferson Circuit Court denying his motion for post-conviction relief. For the reasons stated below, we affirm... ... ... FACTUAL AND PROCEDURAL BACKGROUND... On February 8, 1996, Bruce was indicted by a Jefferson County grand jury on charges that he committed sex crimes against his adopted daughter between April 1985 and November 1994. The indictment consisted of four counts of first-degree rape, nine counts of first-degree sodomy, and one...  

Wassim Karim-Abdul Ayyad appeals from an opinion and order of the Fayette Circuit Court denying his motion for RCr 11.42 relief. He argues that the circuit court erred in failing to find that he was denied effective assistance of counsel when his counsel misinformed him that he would not be... ... ... deported if he plead guilty to the charges in the indictment. For the reasons stated below, we affirm the opinion and order on appeal... In October, 2001, and February, 2002, the Fayette County...  

Dolomite Energy, LLC (Dolomite), Jerry Finzell, and Dave Hall appeal from a Franklin Circuit Court order requiring them to comply with a subpoena duces tecum issued by the Commonwealth of Kentucky Office of Financial Institutions, Division of Securities (Commonwealth). Dolomite, Fenzell, and Hall claim that the Circuit Court erred in its decision because Dolomite does not solicit or sell to Kentucky residents, and therefore is not within the subpoena powers of the Commonwealth. We disagree and...  

Vernardo G. Brown appeals from a judgment of conviction in the Jessamine Circuit Court for flagrant non-support. For the reasons stated herein, we affirm... On March 10, 2006, Brown was indicted for flagrant non-support. At his arraignment, the trial court asked Brown if he desired appointed counsel... ... ... Brown responded that he did not trust the Jessamine County court system and would represent himself. Despite Brown's request to proceed pro se, the trial court appointed him a public...  

E.H. (hereinafter Father) appeals the findings of fact and conclusions of law entered by the Jefferson Circuit court pertaining to his divorce... ... ... from G.H. (hereinafter Mother). After careful review, we affirm in part and reverse in part... E.H. and G.H. were married in February 1988, and were divorced by decree entered May 16, 2006. They have four children, all of whom are minors: N.H. (hereinafter Child 1), K.H. (hereinafter Child 2), E.H. (hereinafter Child 3), and J.H. (hereinafter...  

Michael P. Brizendine appeals from an order of the Jefferson Circuit Court denying his motion for post-conviction relief pursuant to Kentucky Rules of Criminal Procedure (RCr) 11.42. For the reasons stated below, we affirm... ... ... FACTUAL AND PROCEDURAL BACKGROUND... On July 3, 1996, Brizendine and his co-defendant, George Hobbs, killed Jeffrey Wilson and Johnny Nash in the course of a drug transaction. On July 11, 1996, an indictment was returned against Brizendine charging him with two...  

Teresa Adkins appeals from a jury verdict in the Campbell Circuit Court which rejected her personal injury claim against Joseph Brandt. Specifically, Adkins argues the trial court erred by instructing the jury that she had a duty not to ride her bicycle on the sidewalk. Adkins asserts that she is exempt... ... ... from that general prohibition due to her disability, and that the trial court erred in finding that she was not handicapped as a matter of law. Adkins also contends that the court...  

Donald Lee Shobe appeals from an order of the Jefferson Circuit Court denying his petition for a writ of prohibition seeking to prevent Jefferson District Court Judge Sheila Collins from proceeding with a hearing to require appellant to show cause why he should not be held in contempt... ... ... for failing to pay a $100.00 public defender fee assessed by order pursuant to Kentucky Revised Statutes (KRS) 31.211, or, alternatively, to prevent her from revoking his conditional discharge for...  

Alan McGee appeals from a judgment of conviction following a jury trial in Logan Circuit Court. We affirm... On December 12, 2006, Logan County Sheriff's Deputy David Kitchens responded to a call from Darryl Eddings regarding a disturbance at his home. When Deputy Kitchens arrived, Eddings informed him that McGee, along... ... ... with William Howitt, trespassed on Eddings's property and threatened to assault him. Although the men left prior to the deputy's arrival, Eddings provided a...  

Dr. William Eriksen, P.S.C. (Eriksen), appeals from an order entered in Simpson Circuit Court denying its post-trial motion for relief. We affirm... On May 7, 2004, Eriksen initiated a civil action against Dr. Michael Elkins, a chiropractor who had been employed by Eriksen beginning in June 1999... ... ... Eriksen alleged that Dr. Elkins was indebted to the corporation for certain advances, payment of expenses, and an overpayment of compensation. In his answer and counterclaim, Dr. Elkins...  

On March 14, 2007, a Bell County grand jury indicted Tommy L. Barnett on one count each of first-degree trafficking in a controlled substance, first offense, and theft by unlawful taking (under $300). Following a trial, the jury found Barnett guilty on both counts. The jury fixed Barnett's sentences at ten... ... ... years for the trafficking count, and six months on the theft count, to be served consecutively. The trial court imposed the jury's sentence, and also imposed a $300.00 fine....  

Comair, Inc. (Comair) has petitioned for review of an opinion of the Workers' Compensation Board (Board) entered October 19, 2007, reversing in part, vacating in part, and remanding the Administrative Law Judge's (ALJ) opinion, order and award of benefits to Burl Helton (Helton). For the following reasons, we affirm the Board's decision... ... ... Helton was employed by Comair as a customer service representative. His duties included operating tugs on the airport tarmac; moving carts; loading...  

Robert Lynn appeals the Jefferson Circuit Court's denial of summary judgment regarding personal and subject matter jurisdiction and the court's findings of fact and conclusions of law regarding a breach of contract claim by Digital Lifestyles, LLC. After careful review, we affirm... ... ... Digital Lifestyles, LLC (hereinafter Digital Lifestyles) installs home theaters and home automation systems and is based out of Louisville, Kentucky. Robert Lynn (hereinafter Robert) is a resident of New...  

David Lee Blair, proceeding pro se, has appealed from the Boyd Circuit Court's November 19, 2007, order denying his motion for post-conviction relief pursuant to Kentucky Rules of Civil Procedure (CR) 60.02. Blair was sentenced to seventy years' imprisonment for his convictions on eleven counts of rape, one count of sexual abuse, and for being a Second-Degree Persistent Felony Offender. We affirm... ... ... FACTUAL AND PROCEDURAL BACKGROUND... The Supreme Court of Kentucky reviewed Blair's...  

The Commonwealth of Kentucky appeals from Findings of Fact, Conclusions of Law and Order Suppressing Evidence of the McCracken Circuit Court sustaining the motion of Rebecca Outland to suppress the introduction of evidence obtained during a traffic stop. It argues that the circuit... ... ... court erred in concluding that the police did not have reasonable suspicion sufficient to detain Outland, and that her observed nervous behavior alone did not create reasonable suspicion. For the reasons...