BILLY MCGEE HAS HANDLED OVER TWENTY (20) CASES IN THE KENTUCKY SUPREME COURT AND OVER FIFTY (50) CASES IN THE KENTUCKY COURT OF APPEALS.
DURING THIS TIME BILLY MCGEE HAS RECEIVED FAVORABLE DECISIONS FROM THESE COURTS THAT WERE “PUBLISHED” DECISIONS MEANING THAT THE CASES WERE PRINTED AS ESTABLISHING/CLARIFYING OR MODIFYING AREAS OF LAW IN KENTUCKY.
MCGEE LAW OFFICE SELECTED APPELLATE CASES IN KENTUCKY WHICH ESTABLISHED/CLARIFIED/MODIFIED LAW IN SPECIFIC AREAS:
1. DRUG TRAFFICKING (McCracken Co.) SUPREME COURT OF KENTUCKY
-Facts: Defendant was a teacher in the McCracken County School system. The local Sheriff’s department conducted a warrantless search of Defendant’s home and seized evidence of drug trafficking.
-Procedure: Defendant entered a conditional plea of guilty to a Ten (10) year sentence that allowed him to challenge the warrantless search in the Appellate Court.
-Outcome: After hearing oral arguments by Defendant’s attorney, the Kentucky Supreme Court held that the search was in violation of Defendant’s constitutional right to privacy and ordered that the seized evidence could not be used in a trial against Defendant. The guilty plea was reversed and the case was sent back to the trial court wherein the charges were dismissed.
-Sidenote: The Kentucky Attorney General unsuccessfully petitioned the United States Supreme Court to review and reverse the decision.
Commonwealth of Kentucky v. JM, 107 SW3d 175 (Ky. 2003) (US Supreme Court certiorari denied).
2. MURDER (McCracken Co.) SUPREME COURT OF KENTUCKY
-Facts: Defendant was charged with robbery and complicity to first degree murder wherein he faced a maximum punishment of life in prison. Defendant had in his possession a co-defendant’s jacket with alleged gunshot residue. Defendant retained an expert trained at the FBI crime lab to test the co-defendant’s jacket. The Commonwealth Attorney objected on grounds that the Commonwealth should be allowed to test the jacket by the Commonwealth’s expert.
-Procedure: Defendant filed a “Writ of Mandamus” prior to trial that submitted the issue of testing to the Kentucky Supreme Court for hearing.
-Outcome: After hearing oral arguments by Defendant’s attorney, the Supreme Court held that Defendant had a constitutional right to test evidence. The case was sent back wherein the Defendant received a ten (10) year sentence after a jury trial, while the co-defendant received life in prison.
L.O. v. Commonwealth, 995 SW2d 384 (Ky. 1999).
3. DRUG TRAFFICKING (Caldwell Co.) KENTUCKY COURT OF APPEALS
-Facts: This was a drug trafficking case wherein the Kentucky State Police conducted a warrantless search of Defendant’s property. As a result of the search, several pounds of marijuana were seized.
-Procedure: Defendant entered a conditional plea of guilty to a five (5) year sentence that allowed him to challenge the warrantless search in the Appellate Court.
-Outcome: The Kentucky Court of Appeals held that the search was in violation of Defendant’s constitutional rights and reversed the guilty plea. The case was sent back to the trial court wherein the charges were dismissed.
-Sidenote: Although this was a favorable ruling for the Defendant and the Kentucky Court of Appeals Ordered the case to be “published”, the Supreme Court found that this case did not modify or clarify the law as it is in Kentucky. Therefore, the case was not published.
4. WRONGFUL DEATH. (Livingston Co.) KENTUCKY COURT OF APPEALS
Kentucky Court of Appeals held that insurance company could not deny additional coverage under a temporary binder and that said sums were to be paid to the Estate of the deceased Plaintiff who was killed in a motor vehicle accident.
General Accident Insurance Company of America v. Guess, 936 SW2d 97 (Ky.App. 1997).
5. DIVORCE. (McCracken Co.) KENTUCKY COURT OF APPEALS
Kentucky Court of Appeals held that Husband’s gift to family members in the amount of $2,052,297.00 was in contemplation of divorce. $2,052,297.00 was properly credited against Husband by the trial court in making an award to Wife.
A.K. v. V.K., 264 SW3d 610 (Ky.App. 2007) (The Kentucky Supreme Court denied discretionary review).
6. REAL ESTATE. (Livingston Co.) KENTUCKY COURT OF APPEALS
Kentucky Court of Appeals upheld the trial court verdict that an erected fence that had been in place for over sixty (60) years constituted the boundary line between two farms in spite of the actual surveys.
Vick v. Elliot, (Ky.App. 2013) Lexis 78 (The Kentucky Supreme Court denied discretionary review).