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Family Court had Jurisdiction to Extend Interpersonal Protective Order (“IPO”), but Evidence was Insufficient to Support Extension of the Protective Order
Christina Holt Taylor v. Leigh-Ann Fitzpatrick Case No. 2022-CA-0946-ME Allen Family Court Decided by Cetrulo, Dixon, and Taylor, Judges Opinion by Cetrulo, Judge Date Rendered: January 13, 2023 Issue: Whether Family Court had Jurisdiction to Extend Interpersonal Protective Order (“IPO”) and Whether Family Court’s Order Extending IPO was Supported by Sufficient Evidence Family court entered…
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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’s Order Granting Stepfather’s Petition to Adopt Stepson Vacated and Remanded for New Hearing due to Family Court’s Failure to Utilize the Constitutionally Mandated Clear and Convincing Standard.
W.H.J. v. J.N.W., J.A.W., and N.H.J., A Minor Child Case No. 2022-CA-1055-ME Warren Circuit Court, Family Court Division Decided by Caldwell, Dixon, and Eckerle, Judges Opinion by Caldwell, Judge Date Rendered: May 19, 2023 Issue: Whether Stepparent Adoption Could be Upheld Despite Family Court’s Failure to Utilize the Clear and Convincing Evidence Standard Mother and…
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Family Court Order Did Not Err in Finding Custody Agreement Giving Mother Final Decision-Making Authority over Educational and Medical Decisions Requires Mother’s Decisions to be Reasonable and not Prejudicial to Father’s Rights as Joint Custodian.
Swan v. Gatewood Case No. 2022-CA-0202-MR Fayette Family Court Decided by Combs, Easton, and Eckerle Judges. Opinion by Eckerle, Judge Date Rendered: June 9, 2023 Issue: Whether Mother’s Final Decision-Making Authority Regarding Educational and Medical Decisions is Subject to Judicial Review for Reasonableness. Mother and Father disagreed about where to send minor Child to kindergarten.…
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