US Courts

State v. Allen - DUI Refusal Conviction Vacated

The Utah Court of Appeals vacated Michael Lee Allen's conviction for refusal to submit to a chemical test, finding merit in his argument that the State failed to show he refused a test after issuance of a warrant to draw and test his blood. The court affirmed his conviction for failure to respond to an officer's signal to stop. The trial court had denied Allen's motion to arrest judgment on the refusal charge based on search warrant language.

Abdelgader v. Department of Transportation - Wrongful Death Government Immunity

The Utah Court of Appeals affirmed summary judgment for the Utah Department of Transportation (UDOT) in a wrongful death case, holding UDOT immune from suit under Utah's Governmental Immunity Act. The case arose from a 2018 traffic accident on US-89 where a commercial truck driver died after experiencing brake fade on a steep descent. The court upheld the district court's determination that UDOT's design and maintenance of the roadway did not constitute a proximate cause of the accident.

State v. Draughon - Child Sexual Abuse Convictions Affirmed

The Utah Court of Appeals affirmed Damien Michael Draughon's convictions for child sexual abuse, dealing in materials harmful to a minor, and obstruction of justice. Draughon challenged his convictions on appeal, arguing Sarah's testimony was inherently improbable and his trial counsel was ineffective. The court rejected all claims and upheld the convictions.

Bill Nation of the Estate of Harold Nation v. Century21 Abbot Realty - Real Estate Dispute

The Kentucky Court of Appeals affirmed in part and reversed in part a Shelby Circuit Court judgment in a real estate commission dispute between the estate of Harold Nation and Century21 Abbot Realty. The appellate court upheld $45,825 in breach of contract damages and $1 in conversion damages but reversed $410,000 in punitive damages, remanding the case for further proceedings on the cross-appeal.

Taynandree Reed v. Vesna Mandic - Prisoner Civil Rights / Administrative Remedies

The Kentucky Court of Appeals affirmed the Franklin Circuit Court's dismissal of inmate Taynandree Reed's petition for declaratory judgment. The court upheld the dismissal based on Reed's failure to exhaust administrative remedies before filing suit. Reed had challenged the conduct of HIV testing at a Kentucky correctional facility despite his written refusal.

Danny Gambrel v. Commonwealth of Kentucky - Probation Revocation Affirmed

The Kentucky Court of Appeals affirmed the Jefferson Circuit Court's September 5, 2024 orders revoking Danny Gambrel's probation across three separate criminal cases (17-CR-002777, 17-CR-003586, and 18-CR-003038). The appellate court found the trial court made the mandatory statutory findings required for probation revocation and that the record supported those rulings. Gambrel had pled guilty to methamphetamine possession charges and subsequently violated diversion program terms.

Jessica Saner v. Commonwealth of Kentucky, Cabinet for Health and Family Services

The Kentucky Court of Appeals affirmed the Franklin Circuit Court's dismissal of claims by Jessica Saner and six childcare centers against the Cabinet for Health and Family Services and Public Consulting Group. The case involved COVID-19 pandemic relief funding (American Rescue Plan) distributed to childcare providers through contracts requiring monthly data submissions. The appellate court upheld the dismissal for failure to state claims upon which relief may be granted.

Shadrach Peeler v. Commonwealth of Kentucky - Criminal Appeal

The Kentucky Court of Appeals affirmed the Hardin Circuit Court's denial of Shadrach Peeler's Kentucky Rules of Criminal Procedure (RCr) 11.42 post-conviction motion without an evidentiary hearing. Peeler, convicted of two murders and related charges following a 2019 killing spree, received life imprisonment without parole pursuant to a plea agreement. The appellate court upheld the denial based on the procedural bar doctrine.

Johnny Wilson v. 3M Company - Product Liability Appeal

The Kentucky Court of Appeals affirmed the Pike Circuit Court's denial of Johnny Wilson's Kentucky Rule of Civil Procedure 60.02 motion for relief and dismissed 3M Company's cross-appeal as moot. The appeals arose from Wilson's personal injury suit alleging 3M's 8710 respirator dust masks failed to protect coal miners from pneumoconiosis (black lung disease).

Jenna Oakley v. Philip Wayne Oakley - Domestic Violence Order Appeal

The Kentucky Court of Appeals affirmed a trial court's domestic violence order (DVO) barring Jenna Oakley from contact with her father, Phillip Oakley. The appellate court rejected Jenna's arguments that the trial court improperly relied on diary entries and erred in conducting the hearing. Docket No. 2025-CA-1159.