Kentucky Supreme Court issues 25 opinions from March 20-26

By

Mercedes Yanora

The Kentucky Supreme Court issued 25 opinions from March 20-26. As of March 26, the court issued 43 opinions in 2023 — 16 fewer than this point a year ago. Three of 25 opinions are below:

  • Commonwealth v. McMichael, where the court affirmed the appellate court’s reversal of a trial court’s judgment ordering the defendant to pay $62,493 in restitution jointly and severally with his co-defendant after pleading guilty to the theft of pieces of stainless-steel siding from a diner. 
  • Pozo-Illas v. Commonwealth, where the court affirmed the defendant’s conviction of wanton murder and other crimes as well as his sentence of 30 years’ imprisonment. The court held that the defendant was not entitled to relief based on his allegations that the trial court committed errors. 
  • MGG Investment Group LP v. Bemak N.V., Ltd., where the court held that the Food Security Act of 1985 (FSA) was preemptive of Kentucky’s Uniform Commercial Code (UCC). The UCC allowed security interest to remain when farm products passed from seller to buyer. However, under the meaning of the FSA, the court held that thoroughbreds and the right to breed them are farm products whose security interest is extinguished when sold to a buyer.

From March 20-26, state supreme courts issued 125 opinions nationally. The Kentucky Supreme Court issued the most with 25. State supreme courts in 22 states issued the fewest with zero. Courts where judges are elected have issued 78 opinions, while courts whose members are appointed have issued 47.

The Kentucky Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Laurance VanMeter. The court issued 167 opinions in 2022 and 225 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 1,491 opinions in 2023. Courts where judges are elected have issued 807 opinions, while courts whose members are appointed have issued 684. Kentucky is a divided government, meaning neither party holds trifecta control.

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