Donald C. Wintersheimer

In Peak v. Commonwealth, defendants Michael Peak and Patrick Meeks were jointly tried and convicted of intentional or wanton murder, first-degree robbery, conspiracy to commit murder, and tampering with physical evidence after they and a third co-defendant killed and robbed a drug dealer whose body was later found in a dry creek bed. Peak received a life sentence without parole eligibility for 25 years on the murder count plus concurrent terms on the other charges, while Meeks received a similar overall sentence. The Kentucky Supreme Court consolidated their appeals and affirmed the convictions and sentences, holding that the trial court did not err in admitting Meeks's statement to police, denying suppression, handling evidentiary and jury-instruction issues, or managing peremptory challenges and other procedural matters. The court concluded that the evidence was constitutionally sufficient and that any alleged errors were not reversible.

criminal lawprocedure

The case concerned whether Randall Scott Lucas's confession to sexual abuse during a second police interview was obtained in a custodial interrogation without required Miranda warnings, leading to his conditional guilty plea and sentence. The trial court denied suppression after finding the interview non-custodial, but the Court of Appeals reversed in a split decision. On discretionary review, the Kentucky Supreme Court applied a de novo standard to the mixed question of law and fact, examined the totality of circumstances including Lucas's voluntary appearance, prior warnings, the detective's statements, and the shift to a new allegation, and held the interrogation was non-custodial so the confession was admissible. A dissent argued the circumstances indicated custody once questioning turned to the new felony allegation.

criminal lawprocedure

This case concerned whether evidence obtained from a search incident to arrest for criminal trespass should be suppressed, specifically challenging whether an officer had probable cause to arrest for a misdemeanor committed in his presence under KRS 431.005. The defendant was arrested after evasive behavior and inability to name residents he claimed to visit in a posted no-trespassing apartment complex, leading to discovery of cocaine. The trial court denied suppression, but the Court of Appeals reversed on the arrest standard. The Kentucky Supreme Court reversed the Court of Appeals and reinstated the trial judgment, holding that probable cause is the proper standard for a warrantless misdemeanor arrest if a reasonable officer could conclude from the facts that the offense occurred in his presence, overruling contrary precedent in Mash and applying the Mobley analysis, while finding the initial stop justified by reasonable suspicion from evasive actions.

criminal lawprocedure

The case concerned whether an individual unemployed at the time of a car accident could recover work loss benefits under Kentucky's Motor Vehicle Reparation Act for a job offered afterward that she declined on her physician's advice due to accident-related injuries, and whether her insurer had a reasonable foundation to deny the claim. The trial court submitted the issues to a jury, which awarded Foster work loss benefits, 18% interest, and attorney fees after finding the denial lacked a reasonable foundation. The Court of Appeals reversed, concluding the insurer had a reasonable basis as a matter of law, but the Kentucky Supreme Court reversed that decision and reinstated the jury verdict, reasoning that the MVRA covers work the injured person probably would have performed if uninjured and provides the exclusive remedies for untimely or unfounded denials of no-fault benefits.

torts & liabilitybusiness & regulatory

Epperson was convicted after a 1996 retrial of two counts of complicity to murder, first-degree robbery, and first-degree burglary arising from the 1985 shooting deaths of a husband and wife in their home during a robbery; he received a death sentence for the murders and forty years on the other charges. On direct appeal he raised thirty-two claims, including challenges to the sufficiency of the indictment, adequacy of notice regarding complicity liability, voir dire on pretrial publicity and sentencing views, and residual doubt. The Kentucky Supreme Court reviewed each allegation under the applicable standards for death-penalty cases and held that the indictment properly notified Epperson of the charges, that the jury-selection process was within the trial court's discretion, and that no individual or cumulative error occurred. The court therefore affirmed the convictions and sentences.

criminal lawprocedure

This case is an appeal from the Jefferson Circuit Court's denial of Simmons's RCr 11.42 motion to vacate his convictions for three counts of first-degree murder, three counts of first-degree rape, one count of attempted murder, one count of attempted rape, and four counts of kidnapping, along with his death sentences. The Kentucky Supreme Court affirmed the denial after a nine-day evidentiary hearing, reviewing fifteen claims of alleged ineffective assistance of counsel under the Strickland v. Washington standard. The court held that RCr 11.42 motions are limited to issues not raised or raisable on direct appeal, that many claims were previously rejected or amounted to attempts to relitigate direct appeal issues, and that Simmons failed to show counsel's performance was objectively unreasonable or prejudicial to the outcome. It also rejected arguments to reopen the direct appeal or find cumulative error.

criminal lawprocedure

This case involved a legal malpractice claim by the Vimont shareholder group against attorney Laurel Garrett and her firm, alleging negligent advice during their efforts to gain control of Equitania Insurance Company and related shareholder disputes. The trial court granted partial summary judgment to the defendants on contract interpretation issues and a jury found for the defendants on the remaining claims, a decision affirmed by the Court of Appeals. The Kentucky Supreme Court reversed and remanded, holding that the jury instructions failed to accurately state the standard for legal malpractice liability under Kentucky law and improperly limited expert testimony, though the trial court's interpretation of the shareholder agreement as a matter of law was correct.

torts & liabilityprocedurebusiness & regulatory

This case involved a defendant who entered a conditional guilty plea to drug trafficking and possession charges after police, acting on a reliable tip, detained and handcuffed him briefly during an investigative stop in a high-drug area, at which point he voluntarily admitted possessing cocaine and marijuana. The circuit court denied his motion to suppress the statements and evidence, ruling that the encounter was not a custodial interrogation requiring Miranda warnings, and the Court of Appeals affirmed the judgment. On discretionary review, the Kentucky Supreme Court affirmed, holding that the handcuffing was a permissible means to effect a Terry stop given the flight risk and that the officer's statement explaining the reason for the stop was not reasonably likely to elicit an incriminating response. The court reasoned that Miranda applies only to custodial interrogations, which were not present here based on the short duration, lack of formal arrest, and precedent distinguishing such investigative actions from interrogation.

criminal lawprocedure

The case involved Williams being convicted by a jury of four counts of using a minor in a sexual performance for taking digital photographs of his eight-year-old stepdaughter in various states of undress in the bathroom. The trial court sentenced him to 40 years in prison based on consecutive ten-year terms. The Kentucky Supreme Court affirmed the convictions, finding that the photographs qualified as sexual conduct by a minor under the statute and that there were no errors in the guilt phase proceedings, including the denial of a directed verdict and proper jury instructions. However, the court reversed the sentence because the prosecution improperly used a nonfinal prior conviction during the penalty phase, which violated rules against using such convictions for sentencing enhancements, and remanded for a new sentencing hearing.

criminal law

This case is a defamation action brought by Kentucky Kingdom Amusement Company, a public-figure plaintiff, against WHAS-TV over three statements in news reports about a 1994 roller coaster collision that injured passengers. A jury awarded the plaintiff lost profits, reputation damages, and punitive damages, but the trial court set aside the reputation award as speculative. The Court of Appeals reversed the judgment and ordered a new trial, holding that actual malice was shown for only one statement and that damages were not properly itemized between supported and unsupported claims. The Supreme Court of Kentucky reviewed issues including the appellate standard for falsity and actual malice, admissibility of journalistic standards evidence, and the availability of reputation damages alongside lost profits in a corporate defamation suit.

free speechtorts & liability

The case involved Michael Alley’s appeal from his convictions for murder and fourth-degree assault arising from a shooting at a convenience store, for which he received a sentence of life without parole for 25 years. Alley challenged the trial court’s determination that he was competent to stand trial despite prior findings of incompetence and extensive evidence of brain damage and mental illness, as well as several other issues including jury instructions and prosecutorial statements. The Kentucky Supreme Court affirmed the convictions, holding that the trial judge’s competency ruling was supported by substantial evidence and was not clearly erroneous under the standard requiring a defendant to prove incompetence by a preponderance of the evidence. The court also rejected Alley’s remaining claims of error.

criminal lawprocedure

Matthews was convicted by a jury of manufacturing methamphetamine, marijuana possession, drug paraphernalia possession, and first-degree persistent felony offender status, resulting in a 45-year prison sentence. On appeal, he challenged the denial of his motion to dismiss for an alleged Interstate Agreement on Detainers (IAD) violation regarding the 120-day trial deadline after his transfer from Illinois, the denial of a directed verdict on the manufacturing charge, the lack of a Faretta hearing before allowing him to act as co-counsel, and other issues including his confession and counsel effectiveness. The court affirmed the convictions, holding that the 180-day IAD period under Article III applied or that any 120-day limit was not violated due to scheduling agreements and continuances, that sufficient evidence supported the manufacturing charge based on chemicals found in the vehicle, and that no Faretta hearing was required because Matthews did not waive counsel or participate as counsel before the jury. The opinion also rejected claims of prosecutorial misconduct and other errors as without merit.

criminal lawprocedure

This case involved a car accident in Kentucky caused by an Indiana resident insured under State Farm auto and personal liability umbrella policies; family members injured in the crash sued the insured father, raising the question of whether a household exclusion clause in the $1 million umbrella policy barred coverage for their claims. The trial court upheld the exclusion in the umbrella policy as valid under Kentucky precedent distinguishing it from primary auto policies, but the Court of Appeals reversed. The Kentucky Supreme Court held that the household exclusion in the umbrella policy, to the extent it applied to automobile liability, was unenforceable as contrary to public policy. The core reasoning was that prior decisions had invalidated such exclusions in any policy providing auto liability coverage because they undermine the state's interest in compensating injured parties, regardless of whether the policy is primary or excess and irrespective of the parties' Indiana connections.

torts & liability

The case involved a challenge by taxpayer Smith to city ordinances in Bromley, Kentucky, that imposed a flat $60 tax per residential unit, lot, or business unit to fund life squad and non-fire emergency services, in addition to standard ad valorem property taxes. The Kentucky Supreme Court affirmed the lower courts' rulings that the flat tax was unconstitutional and void because Kentucky law requires local real property taxes to be ad valorem, meaning based on assessed value, and the tax did not qualify as a special assessment, user fee, or license fee. The court further held that Smith could pursue class certification for refunds under common law remedies, as the taxes were not ad valorem and thus not subject to the statutory refund procedures in KRS 134.590, and remanded the case for class certification proceedings.

taxesproperty

The case involved Philip Alan Lickliter's appeal from his convictions for murder and tampering with physical evidence, for which he received a 25-year sentence, after he shot and killed a fellow truck driver during an out-of-state job and disposed of the body. Lickliter argued he was entitled to jury instructions on voluntary intoxication, second-degree manslaughter, and insanity based on evidence of his amphetamine-induced delusions and paranoia, and he also challenged the admission of his confession and other trial rulings. The Kentucky Supreme Court affirmed the convictions, holding that the evidence did not support the requested instructions because there was no qualifying mental illness apart from drug use and his intoxication did not negate the element of intent. The court further found no error in the denial of the motion to suppress the confession or in other evidentiary and instructional matters. The decision rested on statutory definitions of insanity and intoxication defenses under Kentucky law and the lack of evidence meeting those standards.

criminal law

The case involved James Caldwell, who was transferred from juvenile court and tried as an adult on charges of murder, robbery, and theft arising from the shooting deaths of two men in their home. A jury convicted him of one count of murder and theft over $300, sentencing him to life imprisonment, while acquitting him on the remaining counts; the trial court denied his motion for a new trial based on newly discovered evidence. On appeal, the Kentucky Supreme Court addressed claims including denial of confrontation rights, entitlement to intoxication and lesser-included offense instructions, the juvenile transfer procedure, prosecutorial misconduct in both guilt and penalty phases, and the denial of the new trial motion. The court affirmed the convictions and the order denying a new trial, holding that the evidence supported the verdict, the jury instructions were proper, the transfer was valid, and the prosecutor's statements and newly discovered evidence did not require reversal. Dissenting opinions argued for a new trial due to the new evidence and for resentencing due to improper penalty-phase arguments.

criminal lawprocedure

This case involved Roger Lamont Wheeler's appeal of his convictions for the intentional murders of two victims and resulting death sentences, based on an aggravating circumstance of multiple deaths. The Kentucky Supreme Court reviewed numerous claims, including challenges to jury selection for cause and peremptory strikes, inquiries into prospective jurors' religious beliefs, and the admission of limited evidence that one victim was pregnant. The majority affirmed the convictions and sentences, finding that the trial court properly exercised discretion in jury matters, that voir dire was thorough and fair, and that any evidentiary issues did not constitute reversible error. Dissenting opinions disagreed on the relevance and potential prejudice of the pregnancy evidence but did not alter the outcome.

criminal lawprocedure

The case was an appeal by Melvin Lee Parrish from his jury convictions for intentionally murdering his cousin and her ten-year-old son during a robbery, attempting to murder her five-year-old son, and related charges, resulting in a death sentence for one murder, life without parole for the other, and additional prison terms. The Kentucky Supreme Court reviewed claims including defects in the indictment, the propriety of voir dire questions about jurors' religious or moral beliefs that might affect service in a capital case, and the admission of autopsy evidence that the female victim was pregnant. The court held that the indictment sufficiently informed Parrish of the charges, that the general voir dire inquiries were appropriate and consistent with rules and constitutions, and that any errors were either waived or harmless, thereby affirming the convictions and sentences. A dissent argued that the pregnancy testimony was unduly prejudicial and that a penalty instruction improperly suggested death as the default option.

criminal lawprocedurereligious liberty

The consolidated cases of Commonwealth v. Roberts and Commonwealth v. Smith concerned the evidentiary foundation required for admitting breath alcohol test results in first-offense DUI prosecutions under Kentucky law. The Supreme Court clarified its prior holding in Commonwealth v. Wirth, ruling that the five Marcum/Owens standards must be met and that KRS 189A.103 requirements may be satisfied by properly admitted business or public records showing machine maintenance and calibration, without needing live testimony from the servicing technician. In Roberts, the Court affirmed the circuit court's reversal of the conviction because the Commonwealth failed to lay an adequate foundation through either records or testimony. In Smith, the Court reversed the Court of Appeals and reinstated the conviction, holding that the defendant's failure to designate and transcribe trial evidence for the appellate record was fatal and that the available record supported admission of the test results based on the operator's testimony and the test ticket.

criminal lawprocedure

The case concerned a claim for underinsured motorist benefits under a Kentucky auto policy after Charles and Elouise Hatfield were injured in Missouri by a city-owned fire truck; the Hatfields recovered the maximum allowed under Missouri sovereign-immunity limits but sought additional compensation from Nationwide, which denied the claim based on a policy exclusion for government-owned vehicles and language requiring damages to be "due by law." The trial court granted summary judgment to Nationwide, upholding the exclusion, while the Court of Appeals reversed, concluding the exclusion violated public policy. On discretionary review, the Kentucky Supreme Court examined the policy wording, prior precedents on uninsured and underinsured coverage, the doctrine of reasonable expectations, and whether the exclusion could be enforced without legislative change.

torts & liabilitybusiness & regulatory