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United States Supreme Court Upholds Federal Statute Prohibiting Individuals Subject to Domestic Violence Orders from Possessing Firearms as Constitutional
United States v. Rahimi No. 22-915 United States Court of Appeals for the Fifth Circuit Opinion by Justice Roberts Date Rendered: June 21, 2024 Issue: Whether 18 U.S.C. 922(g)(8), a federal statute which prohibits an individual subject to a domestic violence restraining order from possessing a firearm if that order includes a finding that he…
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Supreme Court Strictly Enforces Rules of Appellate Procedure
Saturday v. Commonwealth 2024-CA-0268 Fayette Circuit Court Kentucky Supreme Court Opinion by Justice Vanmeter Date Rendered: December 19, 2024 Pro Se Appellant filed an “untimely” motion for discretionary review of a Circuit Court’s guardianship order, with the Court of Appeals. The Court of Appeals denied Appellant’s Motion and dismissed the case. Appellant posted the motion…
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Family Court Violated Father’s Express Due Process Rights under KRS 403.300(3) by Allowing Testimony and Admitting Friend of the Court Report After Prohibiting Father from Taking the Deposition of Children’s Therapist Prior to Hearing
Gansbeke v. Gansbeke No. 2023-CA-0942-MR Jefferson Family Court, Hon. Judge Ogden Opinion by Judge Acree Date Rendered: October 25, 2024 Family Court appointed a Friend of the Court (“FOC”) to investigate and make a report regarding the parties’ parenting time schedule, and Mother’s status as sole decision maker for the parties’ two children. Father moved…
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Order Lacking CR 54.02 Finality Language Is Final When All Issues Are Resolved
Bruenger v. Miller 2023-SC-0156-DG Jefferson Circuit Court Kentucky Supreme Court Opinion by Justice Nickell Date Rendered: December 19, 2024 Issues: Whether order lacking CR 54.02 finality language is final when all issues are resolved. Whether the Court of Appeals can sanction litigants without notice or a hearing. Bruenger (ex-wife of deceased) and Miller (daughter…
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Nonparent Must Prove Unfitness or Waiver to Defeat Parent’s Superior Right to Custody
Appleman v. Gebell 2024-SC-0137-DGE Bracken Circuit Court Kentucky Supreme Court Opinion by Justice Nickell Date Rendered: December 19, 2024 Issue: Whether mother waived superior right to custody. In 2016, shortly after birth, Child was placed with Paternal Relatives. In 2019, the Court entered a permanency order granting full custody to Paternal Relatives. In 2021, Mother…
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- Client Review
- Kentucky May Exercise Jurisdiction Over Non-Residents Within Domestic Violence Actions
- Family Court May Consider Coercive Control in DVO Analysis
- Court of Appeals Affirms Family Court’s Imposition of CR 37.02 Discovery Sanctions
- Family Court (rather than Circuit Court) was Proper Forum for Claims Arising out of the Former Marriage of Parties
