Kentucky

COA 2010 Minutes for August 6, 2010 (Nos. 748-764)

By Michael Stevens

COA 2010 Minutes for August 6, 2010 (Nos. 748-764)

• Above link to minutes is full text of minutes with link to full text of each decision.
• Total number of decisions:  17
• Published Decisions:  2 (750; 755)
• Tort, Civil, Insurance, Workers Compensation: 
• • 749. Torts. Legal Negligence.
  • 750. Civil. Execution on judgment and SOL.
  • 752. Civil Procedure.  Dismissal for lack of prosecution.

PUBLISHED DECISIONS WITH SHORT SYNOPSIS AND LINK TO FULL TEXT OF EACH:

750. Civil.  Writ of Execution on Judgment.
WADE (DAVID)
VS.
POMA GLASS & SPECIALTY WINDOWS, INC.
OPINION AFFIRMING
ACREE (PRESIDING JUDGE)
KELLER (CONCURS) AND LAMBERT (CONCURS)
2009-CA-000204-MR
TO BE PUBLISHED
JEFFERSON

ACREE, JUDGE: The appellant, David Wade, appeals from an opinion and order of the Jefferson Circuit Court allowing Poma Glass & Specialty Windows, Inc.,
d/b/a AGC Flat Glass North America to pursue collection of its 1991 judgment against him.1    The circuit court determined that the limitations period applicable to judgments, Kentucky Revised Statutes (KRS) 413.090(1), had not expired. For the reasons stated, we affirm.

The issue in this case is a narrow one: how do we define ?execution? as that term is used in KRS 413.090(1)? In pertinent part, the statute states the following actions shall be commenced within fifteen (15) years after the cause of action first accrued:
(1) An action upon a judgment or decree of any court of this state or of the United States, or of any state or territory thereof, the period to be computed from the date of the last execution thereon[.]
KRS 413.090(1)(emphasis supplied).

755. Criminal Procedure.  Search and Seizure.
GOURLEY (SHAWN R.)
VS.
COMMONWEALTH OF KENTUCKY
OPINION AFFIRMING
COMBS (PRESIDING JUDGE)
TAYLOR (CONCURS) AND NICKELL (CONCURS)
2009-CA-001098-MR
2009-CA-001121-MR
TO BE PUBLISHED
CARLISLE

COMBS, JUDGE: Shawn and Sarah Gourley appeal their convictions in the Carlisle Circuit Court. After careful review, we affirm.

On June 19, 2008, pursuant to a warrant signed that same day, Kentucky State Police executed a search of the Gourleys? residence. KSP discovered ninety-two marijuana plants and nine firearms. A small amount of methamphetamine was found in Shawn?s truck. Following their indictment, the Gourleys filed a motion to suppress the evidence, which was denied. Following a jury trial, Shawn was convicted of: cultivation of marijuana, five or more plants; use or possession of drug paraphernalia, first offense; and possession of a controlled substance, methamphetamine in the first degree, first offense. He was sentenced to ten-years? incarceration. Sarah was convicted of possession of marijuana and was ordered to pay a fine of five hundred dollars. The Gourleys both appeal, arguing that the court erred in denying the motion to suppress the evidence obtained in the search.

Full post as published by Kentucky Cases on August 07, 2010 (boomark / email).