Marvin J. Sternberg

The case involved George Howard Williams's appeal from his convictions in Jefferson Circuit Court for first-degree robbery and being a persistent felony offender in the first degree, for which he received a 35-year sentence. Williams challenged the trial court's denial of a continuance to investigate the complaining witness's competency after learning of a lunacy warrant, the admission of prior convictions to impeach his credibility without proof that he had been denied counsel, and the refusal to instruct the jury on nullification in the persistent felony offender phase. The Kentucky Supreme Court affirmed the convictions, holding that the trial judge did not abuse discretion in denying the continuance, that Williams failed to show his prior convictions were obtained without counsel or a valid waiver, and that the given instructions adequately covered the law without requiring a nullification option. The court found the witness competent based on the in-chambers hearing and deemed any issues with referencing the warrant waived.

criminal lawprocedure

In Farmer v. Kentucky Utilities Co., landowners sued a utility company for trespass after it entered their property to clear trees and vegetation beneath overhanging power lines, which had been installed decades earlier under a prescriptive easement. The Supreme Court of Kentucky held that the utility's primary prescriptive easement for the lines included a secondary easement allowing entry onto the property for necessary maintenance and removal of interfering growth. The court reasoned that easements carry with them only what is reasonably necessary for their proper enjoyment, with correlative rights and duties between the parties to avoid unreasonable burdens, and remanded the case to determine whether the specific clearing exceeded what was necessary.

propertytorts & liability

The case involved Darnell Hopewell, who was convicted in Boone County, Kentucky, of first-degree robbery and kidnapping after an incident at a service station where he and a codefendant took money and transported the attendant before releasing him. Hopewell appealed on grounds that the trial court improperly excluded as hearsay a codefendant's jailhouse statement suggesting Hopewell's lack of involvement, and that the competency hearing was inadequate, violating due process and effective assistance of counsel. The Kentucky Supreme Court affirmed the convictions, ruling that the evidentiary objection was not preserved because the defense changed its theory on appeal, the trial court's competency finding based on a mental evaluation and hearing showed no abuse of discretion, and the ineffective counsel claim was not raised below. The court found the competency proceedings complied with statutory requirements under RCr 8.06 and KRS 504.040.

criminal lawprocedure

In Inman v. Inman, the Kentucky Supreme Court addressed a divorce case in which the parties disputed whether a professional dentistry license earned by one spouse during the marriage constituted marital property. The trial court and the Court of Appeals on the first appeal had ruled that the degree was marital property, but on a second appeal the Court of Appeals reversed that legal conclusion. The Supreme Court held that the law-of-the-case doctrine barred the Court of Appeals from reconsidering the issue on the subsequent appeal because the parties had already litigated it and no further review had been sought after the first appellate decision. The Court explained that the doctrine prevents relitigation of settled legal questions in the same case to promote finality and avoid endless proceedings.

family lawprocedure

In Pace v. Commonwealth, Garland Pace was convicted after a trial of second-degree manslaughter, first-degree assault, third-degree assault, and second-degree persistent felony offender stemming from a 1981 incident in which his car struck three pedestrians, killing one and injuring two others. The Kentucky Supreme Court reversed the convictions and remanded for a new trial. The court held that the trial judge erred by allowing the prosecutor to cross-examine Pace about facts lacking any evidentiary support and to impeach Pace's mother with a prior inconsistent statement without laying the required foundation, errors the court found prejudicial given the centrality of Pace's alibi defense. Additional errors occurred during the persistent felony offender phase, including the introduction of inflammatory details about a prior conviction and irrelevant evidence such as Pace's jacket. The court also noted potential inconsistencies in the jury's findings on mental states but reversed primarily on the evidentiary and impeachment issues.

criminal lawprocedure

The case involved Peggy Carver's conviction in McLean County District Court for violating Kentucky's local option laws (KRS 242.230) by allegedly furnishing alcoholic beverages in dry territory, with her sentence enhanced based on a 1976 prior conviction for a similar offense. The circuit court affirmed the conviction but directed a reduced sentence after finding the unsigned prior conviction order inadmissible, while the Kentucky Supreme Court granted review and reversed. The court held that the unsigned prior conviction was improperly admitted into evidence and that the circuit court erred by attempting to impose a reduced sentence rather than ordering a new trial, as the jury's intent could not be reliably determined without the improper evidence. Additional guidance was provided for retrial regarding the presumption of innocence instruction and impeachment evidence in light of the conflicting witness testimony.

criminal lawprocedure

This case involves a divorce proceeding between Cynthia and Timothy Cherry, where the primary dispute was over the custody of their two minor children, Todd and Ryan. The trial court awarded temporary and then permanent custody to the mother after finding her mentally and physically able to care for the children despite past emotional issues related to the marriage breakdown. The Court of Appeals reversed, awarding custody to the father based on its own review of the evidence and conclusion that the children's best interests favored the father. The Supreme Court reversed the appellate decision, holding that the trial court's findings were not clearly erroneous, that any inadequacy in findings was waived for lack of proper procedural challenge, and that the Court of Appeals improperly substituted its judgment as a fact-finder.

family lawprocedure

The case involved a challenge by adjoining landowner Robert L. Green to the Bourbon County Joint Planning Commission's approval of a plat subdividing a 107.91-acre agricultural farm into 15 smaller tracts ranging from 4.25 to 20.43 acres, subject to conditions including road improvements and a bond. The Bourbon Circuit Court granted summary judgment dismissing the action under KRS 100.347, and the Court of Appeals affirmed the dismissal. The Kentucky Supreme Court reversed, ruling that the Commission's actions relied on an invalid local zoning ordinance presumption that residential lots of five acres or more in agricultural zones are devoted to agricultural use, which conflicts with state statutes in KRS Chapter 100 requiring commission approval for subdivisions involving new streets and defining agricultural exceptions. The court further held that the appeal was properly perfected despite issues with summons issuance, as the Commission's participation in the litigation waived service requirements.

propertyprocedure

In Dame v. Dame, the Kentucky Supreme Court addressed whether a circuit court could modify a divorce decree's maintenance award after the fixed 60-month period had expired. The original 1975 decree required the ex-husband to pay $100 monthly for up to 60 months or until remarriage; five years later, the ex-wife sought to increase it to $300 monthly indefinitely based on changed circumstances. The trial court denied the motion as previously adjudicated, the Court of Appeals affirmed, and the Supreme Court granted review. Interpreting KRS 403.250, the court held that the statute does not expand jurisdiction to modify fixed-term or lump-sum maintenance awards, consistent with pre-1972 law that permitted modification only for open-ended awards upon a showing of substantially changed circumstances rendering terms unconscionable. The decision affirmed the denial of modification.

family law

This case involved a mother's claim against her deceased ex-husband's estate for unpaid child support arrearages that had accrued before their child was adopted by the mother's new husband. The lower courts dismissed the claim on the ground that the mother had not first reduced the arrearages to a lump-sum judgment in the original divorce action. The Kentucky Supreme Court reversed, ruling that each unpaid periodic child support installment automatically becomes a vested, fixed, and enforceable debt when it falls due, so no separate lump-sum judgment is required before collection from the estate.

family law

The case concerned the validity of an antenuptial agreement between Juanita and Carl Jackson, executed before their 1969 marriage, under which each waived claims to the other's property and Carl agreed to provide Juanita with decent support during his lifetime. After the couple separated in 1978 and Carl sought dissolution, the trial court enforced the agreement and ordered $300 monthly support, but the Court of Appeals reversed, holding the support clause void as contrary to public policy because it allegedly encouraged marital breakdown. The Kentucky Supreme Court reversed the Court of Appeals and affirmed the trial court, reasoning that the support obligation was not conditioned on or intended to facilitate divorce or separation, applied during the marriage itself, and therefore did not violate the policy against agreements that promote dissolution. The Court distinguished prior precedent as applying only to provisions expressly tied to future separation.

family lawproperty

The case involved a defendant indicted and convicted after a jury trial on eight counts of first-degree sodomy, one count of first-degree sexual abuse, and twenty counts of using a minor in a sexual performance, all arising from acts with eleven juveniles in 1978 and 1979. On appeal, the Kentucky Supreme Court affirmed the conviction and forty-year sentence, holding that neither counsel nor the court may comment on the consequences of a not guilty by reason of insanity verdict, overruling prior cases that had permitted such arguments. The court rejected claims that the statute on using minors in sexual performances was unconstitutionally vague or overbroad, upheld the trial court's finding that two child witnesses were competent to testify, and found no error in references to insanity in instructions or argument. The core reasoning was that the jury's sole function is to determine guilt or innocence based on facts, without external considerations such as sentencing or commitment that could distort that determination.

criminal lawprocedurefree speech

This case involved a dispute over whether an executor could exercise a stock purchase option granted to the deceased. Joan Kincaid granted G.D. Kincaid a five-year option to buy her shares in Lexington Finance Company for $2 per share. After G.D. Kincaid died without exercising the option, his executor tendered payment, which Joan refused, leading to litigation over the option's validity and enforceability. The Kentucky Supreme Court held that the option was personal to G.D. Kincaid because its terms specified exercise at his sole discretion, named only him as optionee, and did not extend to heirs or executors, and therefore the executor could not enforce it.

propertybusiness & regulatory

In Perkins v. Trailco Manufacturing & Sales Co., the plaintiff brought a products liability action against the manufacturer and sellers of a dump trailer after it collapsed on its first use, injuring him. The trial court directed a verdict for the defendants on the ground that the plaintiff had not shown causation, and the Court of Appeals affirmed. The Kentucky Supreme Court reversed, ruling that circumstantial evidence of the trailer's new condition, proper loading and use, and the exclusion of other causes was sufficient to allow a jury to reasonably infer that a defect was a substantial factor in the accident under strict liability. The court also held that the trial court erred in denying the plaintiff's motions to compel production of documents.

torts & liabilityprocedure

In Sussman v. Commonwealth, the appellant was convicted by a jury on four counts of trafficking in controlled substances (morphine, cocaine, biphetamines, and quaaludes) based on evidence that he obtained the drugs from a pharmacist accomplice and resold them, resulting in a total sentence of 30 years. On appeal, he challenged the sufficiency of the evidence due to alleged lack of corroboration of accomplice testimony, the jury instructions on reasonable doubt, and claimed cumulative error. The Kentucky Supreme Court affirmed the convictions, holding that the evidence provided adequate corroboration independent of any accomplice testimony, that the given instructions properly required proof beyond a reasonable doubt on each element and the case as a whole, and that no errors, individually or cumulatively, deprived the defendant of a fair trial.

criminal lawprocedure

This case involved a dispute between Sam Crisp and Owensboro National Bank over whether the bank was liable for cashing a check that Crisp issued for $12.50 but that was later altered to $6,212.50 by the payee. Crisp sued the bank after it paid the altered check despite a later stop-payment order, claiming the bank failed to follow reasonable commercial standards. The court determined that the payee was not an impostor under KRS 355.3-405, so that provision did not shift the loss to Crisp. Although Crisp was negligent in leaving the check blank, the court held that under KRS 355.3-406 the bank remained liable if it did not act in good faith and according to reasonable commercial standards, a factual issue that the jury resolved in Crisp's favor based on conflicting evidence. The court affirmed the judgment awarding Crisp $6,200.

business & regulatorytorts & liability

This case concerned the priority between two banks' security interests in a farmer's 1975 tobacco crop under Kentucky's secured transactions statutes. The Bank of Danville held an earlier security agreement and financing statement describing the collateral and the farm location, while Farmers National Bank obtained a later financing statement and collected the crop sale proceeds. The trial court found the Bank's description sufficient to perfect its interest and held Farmers liable for distributing the funds without satisfying the prior claim. The Kentucky Supreme Court reversed the Court of Appeals' reversal, affirming that the land description met statutory requirements under KRS 355.9-203 and 9-402, making the Bank's interest enforceable and superior.

business & regulatoryproperty

In Wilson v. Commonwealth, Shelia Wilson was convicted by a jury of complicity to murder under KRS 502.020 for the February 1978 shooting death of her husband Michael Wilson by Robert Wayne Goff (Sandy), with whom she had traveled and lived, and was sentenced to 20 years in prison. The trial court denied probation, and Wilson appealed on multiple grounds including insufficient evidence of complicity, improper jury instructions on accomplice liability, denial of character evidence regarding truthfulness, and other due process claims. The Kentucky Supreme Court affirmed the conviction, holding that the evidence as a whole—including Wilson's presence at the scene, post-shooting conduct such as destroying identification and filing false missing persons reports, and assistance to Goff—supported the jury's finding under the Trowel standard that it would not be clearly unreasonable to convict, and that the trial court did not err in its evidentiary rulings or sentencing discretion. The court also rejected claims that accomplice instructions were needed for other witnesses and that the sentence was improper for a complicity conviction.

criminal lawprocedure

The case involved Johnny Marshall Smith, who was convicted of capital murder for killing Ronnie Jarvis with a shotgun for profit and during a robbery, based in part on testimony from accomplice Ricky Simms, and sentenced to death. The central issue on appeal was whether the trial court erred by refusing to instruct the jury, as required by RCr 9.62, that Simms was an accomplice as a matter of law and that his testimony needed corroboration by other evidence connecting the defendant to the crime. The Kentucky Supreme Court reversed the conviction, holding that the failure to give the accomplice instruction constituted reversible error because the rule was still in effect at the time of trial and mandated such an instruction when an accomplice's testimony was involved, even if other evidence existed. Concurring opinions noted the rule's long history and technical nature but emphasized that the defendant was entitled to the protection of the law as it stood.

criminal lawprocedure

The case Newman v. Newman concerns the dissolution of marriage between William and Polly Newman, including the division of their marital and nonmarital property valued over $700,000, the award of maintenance to Polly, and child support for their son David. The trial court divided marital property 60% to William and 40% to Polly, used a proportional contribution formula to distinguish marital from nonmarital interests in assets like the residence, awarded maintenance considering Polly's health and limited skills, and set child support at $50 per week plus covering medical and other expenses. The Kentucky Supreme Court affirmed the trial court's decisions, holding that the property division formula was properly applied, the maintenance award was within discretion and not clearly erroneous, and the child support was reasonable when viewed in conjunction with other obligations, reversing the Court of Appeals.

family lawproperty