A.P. V. COMMONWEALTH OF KENTUCKY, CABINET OF HEALTH & FAMILY SERVICES, B.M.P. 2008 WL 4601312 2008-CA-000730, PUBLISHED: VACATING AND REMANDING PANEL: CLAYTON PRESIDING; ACREE AND KELLER CONCUR COUNTY: TRIMBLE DATE RENDERED: 10/24/2008 ISSUE:Read More
MARSHALL V. COM. 2007-CA-001320 PUBLISHED: VACATING AND REMANDING PANEL: TAYLOR PRESIDING; CLAYTON, MOORE CONCUR COUNTY: GRAVES DATE RENDERED: 8/28/2008 Father appealed TC’s order revoking his conditional discharge upon offense of flagrant nonsupport.Read More
Click In Re Marriage and you’ll see the 172 page opinion from the Supreme Court of California today. Marcia Oddi at Indiana Law Blog posts: Here is a report by Bob Egelko of the San Francisco Chronicle on this morning’s ruling. The story begins: 10:31 PDT SAN FRANCISCO — Gays and lesbians have a constitutional...Read More
The story is online here. Some quotes: Last week, in a decision that underscores the tense relationship between science and law, a divided Kentucky Supreme Court told Rhoades that he could not press his paternity claim, no matter what evidence of fatherhood he might have, because J.N.R. was, and remains, a married woman. When it...Read More
When I read Wireman v. Perkins, digested here, I thought the underlying constitutional questions were interesting. While not mentioning this recent Kentucky decision about religious upbringing of children in the child custody context, scholar Eugene Volokh’s analysis here of constitutional issues in custody questions indicate the Kentucky Court of Appeals reached the correct result.Read More
‘Lawrence’ Fails to Open Floodgates to Unfettered Sexual Freedom is the title of an article by Howard J. Bashman published here as a special to Law.com March 5, 2007. Those in the blogosphere know Howard as the author of the excellent blog, How Appealing. I am pleased the article mentioned his private practice, a litigation...Read More
May a court prohibit a parent from discussing religious beliefs with a child? An audio of the NPR interview with UCLA constitutional law professor Eugene Volokh last weekend is available online. Last year we posted Parent-Child Speech Restrictions; Will Best Interests Withstand Constitutional Challenge? linking to Prof. Volokh’s significant piece of legal scholarship, Parent-Child Speech...Read More
Cabinet for Health and Family Services, et al v. A.G.G. and W.E.G., 190 S.W.3d 338 (Ky. 2006) Issues and Holdings: 1. Whether the evidence was sufficient to terminate parental rights. The Court held yes, the evidence was sufficient.Read More
