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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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Family Court Abused its Discretion by Relying on Extrajudicial Statements from the Cabinet
Lankford v. Lankford No. 2023-CA-1174-ME Jefferson Circuit Court Opinion by Judge Jones Date Rendered: April 26, 2024 Father filed a Petition for Emergency Protective Order (“EPO”) on behalf of Child against Mother after Child disclosed to Father that Mother kicked Child down the stairs and observed bruising on Child. The Family Court issued an EPO…
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Kentucky Follows Objective Method in Determining Temporary Absence from State Under UCCJEA
Aldava v. Johnson Case No. 2023-SC-0251-MR Jefferson Family Court Opinion by Chief Justice VanMeter Date Rendered: March 14, 2024 Issue: Whether Kentucky or Texas had jurisdiction over child custody action, and whether child living for months in a third state for the father’s job constituted a “temporary absence” under UCCJEA for jurisdiction purposes. Child was…
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Federal Law Prohibiting Individuals Subject to Domestic Violence Order from Receiving or Possessing Firearms Held Unconstitutional by U.S. District Court
United States v. Sherman Kelvin Combs U.S. District Court for the Eastern District of Kentucky Appeal filed on February 23, 2023 Family Court issued a Domestic Violence Order (“DVO”) against Combs after “a hearing of which he received actual notice” and “an opportunity to participate.” The DVO prohibited Combs from “harassing, stalking, or threatening an…
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Kentucky Supreme Court Holds Zoom Testimony Violated Defendant’s Sixth Amendment Right of Confrontation Afforded by the U.S. Constitution Without Showing of Necessity
Campbell v. Commonwealth Case No. 2021-SC-0479-MR Appeal from Adair Circuit Court Opinion by Conley, Judge Date Rendered: April 27, 2023 Issue: Whether Circuit Court Erred by allowing a witness to testify via zoom in violation of the Defendant’s Sixth Amendment Right to Confrontation. Circuit Court found Defendant guilty of violating a Domestic Violence Order and…
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- Family Court (rather than Circuit Court) was Proper Forum for Claims Arising out of the Former Marriage of Parties
- United States Supreme Court Upholds Federal Statute Prohibiting Individuals Subject to Domestic Violence Orders from Possessing Firearms as Constitutional
- Supreme Court Strictly Enforces Rules of Appellate Procedure
- 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
- Order Lacking CR 54.02 Finality Language Is Final When All Issues Are Resolved
