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Applying Craig, the Kentucky Supreme Court found there was no showing of necessity, other than convenience to the witness, of balancing the victim’s interests that justified the surrender of the Defendant’s constitutional right of confrontation.
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The Supreme Court addressed three issues: whether the circuit court erred in modifying the original maintenance award; whether the failure to name an attorney with an enforceable attorney’s fees award is fatal to an appeal; and whether the attorney’s fee award was proper.
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The Court of Appeals found that the Family Court “failed to state that its conclusions were made pursuant to the clear and convincing evidence standard.”
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The Court held that U.S.C. § 922(g)(8)’s complete deprivation of an individual’s ability to possess a firearm was materially different than a sureties’ possible disarmament, if violated, and was therefore unconstitutional.
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Commonwealth of Kentucky, Cabinet for Health and Family Services; Angela Lane; Jessica Humphrey; and Jennifer Clay v. R.C., a Child; and M.C., No. 2022-CA-0921-ME Barren Circuit Court After the Cabinet filed a dependency, neglect, and abuse Petition on behalf of Child who was transported to Kentucky from North Dakota (N.D.) by people other than her...
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James Eric Bankston v. Jennifer S. Mattingly, No. 2021-CA-1490-MR Marion Circuit Court Mom and Dad, joint custodians of one child, disagreed on who should be permitted to claim Child for tax purposes. Dad – who had a significantly higher income than Mom – motioned the Circuit Court to claim Child each year pursuant to 26...
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Christina Holt Taylor v. Leigh-Ann Fitzpatrick, No. 2022-CA-0946-ME Allen Circuit Court Allen Family Court entered an IPO against Respondent in 2019 based on Petitioner’s allegations that Respondent stalked, harassed, and threatened her. Shortly before it was set to expire in July 2022, Petitioner filed a motion to extend the IPO for three years. The family...
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Cabinet for Health and Family Services v. Jefferson County Attorney’s Office; C.B.; D.B.; and E.B., a minor child, No. 2022-CA-0570-ME Jefferson Circuit Court Parents took infant Child to the hospital after he fell off a couch and hit his head on the floor. The Cabinet was alerted to bruising around Child’s ears and four months...
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Jason Wood v. Michelle Ann Critz and Brain Strain, No. 2021-CA-0902-MR Simpson County Circuit Court Husband and Wife married in 2011 and three children were born during their marriage. The youngest was S.W. Wife was having an affair with Boyfriend when she became pregnant with S.W. and told Boyfriend that he could be the father...
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H.H., ET AL. v. HONORABLE LORI GOODWIN, JUDGE, JEFFERSON FAMILY COURT, ET AL. JEFFERSON, BRECKINRIDGE Cousins sought a writ directing Jefferson Family Court to enter an order granting them temporary custody of Child in the Jefferson County action, estop Cabinet from any activities inconsistent with the permanency goal of adoption, and relinquish jurisdiction concerning the...
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