COM. v. HOWARD

Nos. 97-SC-764-TG, 98-SC-06-TG.

969 S.W.2d 700 (1998)

COMMONWEALTH of Kentucky and Commonwealth of Kentucky, Transportation Cabinet, Amicus Curiae, Appellants, v. Myren E. HOWARD, Appellee. Heard With, Gregory VAUGHN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

June 18, 1998.


Attorney(s) appearing for the Case

A.B. Chandler, III, Attorney General, Janet M. Graham, Assistant Attorney General, Dana M. Todd, Assistant Attorney General, Frankfort, for appellant/appellee, Commonwealth of Kentucky.

James R. Cox, Mary R. Harville, Reed, Weitkamp, Schell, Cox & Vice, Louisville, for Amicus Curiae.

Henry E. Hayden, Owensboro, for appellee Howard.

Douglas G. Benge, Jensen & Benge, London, for appellant Vaughn.


WINTERSHEIMER, Justice.

These two consolidated cases were argued before the Court on the same day and involve the same issue. The Court, therefore, will resolve both cases in this single opinion.

Case No. 97-SC-764-TG

Howard's appeal comes before this Court on a motion to transfer from the Kentucky Court of Appeals. The Daviess Circuit Court affirmed a decision of the Daviess District Court which...

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