Legal Opinion · Dissent

Greene v. Commonwealth

Kentucky Supreme Court

Decided September 22, 2011No. 2007-SC-000511-DG, 2008-SC-000783-DGPublished

1DissentNoble, J.

I dissent because I do not believe that a claim involving the Court of Justice, the AOC, or any judicial officers or court employees may proceed at the Board of Claims. Nevertheless, in Horn by Horn v. Commonwealth, 916 S.W.2d 173, 176 (Ky.1995), this Court held in part that the Board had jurisdiction over the Court of Justice and thus the AOC. And the majority, though it does not accept all the reasoning of Horn, reaches the same holding. But in my view, Horn and the majority opinion are flawed and have perpetuated an application of the waiver doctrine that does not comfortably fit with…

2Cases cited15 opinions

  1. Edelman v. JordanSupreme Court of the United States · 1974
  2. Spector Motor Service, Inc. v. McLaughlinSupreme Court of the United States · 1944
  3. Yanero v. DavisKentucky Supreme Court · 2001
  4. Davidson v. American Freightways, Inc.Kentucky Supreme Court · 2000
  5. Withers v. University of KentuckyKentucky Supreme Court · 1997

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