Montgomery, Evansville, for appellant. Robey, was convicted following a trial by jury of the crime of voluntary manslaughter, a class B felony, in the beating and kicking death of a man with whom he shared quarters. He was given an eighteen year sentence, and now appeals on two grounds, namely: Appellant tendered, and the trial judge refused to give, Defense Jury Instruction Number Eight which reads as follows:
March 24, Richard E. Mitchell, KY, for Appellee.
Hinners, a Kentucky resident, appeals from an opinion of the Court of Appeals determining that Appellee, Brad Robey, a Missouri resident, is not subject to personal jurisdiction in Kenton Circuit Court.
Hinners sued Robey over the purchase of a vehicle which Robey v hinners brief had advertised for sale on the Internet auction site, eBay. While we conclude that this particular eBay transaction falls within the parameters of KRS We accordingly affirm the Court of Appeals.
In accordance with the conditions of the auction, Hinners traveled to Missouri 3 to complete the transaction and take possession of the vehicle.
In association with the transfer, Robey executed the necessary vehicle transfer documents to enable the registration of the vehicle in Kentucky, and the vehicle was subsequently titled and registered in this state. When Hinners took possession of the vehicle, Robey again assured him that the vehicle had never been damaged.
Hinners took the vehicle to a mechanic for inspection, and was told that the vehicle had suffered extensive prior damage; that almost every panel on the vehicle had been damaged and had been either replaced or filled with body putty; that the vehicle had been completely repainted; and that the front doors and glass had been replaced.
Shattered window glass was found in various locations in the vehicle.
Following the purchase, Hinners took the vehicle in for repairs on at least six occasions, principally for electrical problems. Hinners unsuccessfully attempted to contact Robey on several occasions to discuss the matter and to attempt to enforce the warranty advertised on the eBay listing.
The trial court, however, concluded that it had personal jurisdiction over Robey. After entry of the order overruling his motion to dismiss, Robey failed to further participate in the proceedings. We granted discretionary review to examine in personam jurisdiction issues in relation to Internet sales transactions, such as an eBay auction.
Neo Gen Screening, Inc. The question of whether our courts may exercise personal jurisdiction over Robey is an issue of law, and so our review is de novo. Appalachian Regional Healthcare, Inc.
Specifically, we overruled Wilson v. Accordingly, we must first examine jurisdiction over Robey under KRS Before the circuit court, Hinners argued that three of the nine provisions of KRS Transacting any business in this Commonwealth; 2. Therefore, we conclude that this transaction meets the requirements for long-arm jurisdiction under KRS Helicopteros Nacionales de Colombia, S.
Similarly, a publisher who distributes magazines in a distant State may fairly be held accountable in that forum for damages resulting there from an allegedly defamatory story.
Burger King, U. Further, it is a well-settled principle that exercising personal jurisdiction does not turn on whether the defendant at any point physically entered the forum state.
This test is stated as follows: The first prong of the test asks whether the defendant purposefully availed himself of the privilege of acting within the forum state or causing a consequence in the forum state.
The second prong considers whether the cause of action arises from the alleged instate activities [or consequence. Upon review of the facts, it immediately becomes apparent that the second prong of the Mohasco test is satisfied.
However, for the reasons explained below, we conclude that neither the first prong nor the third prong of the Mohasco test is satisfied, and thus the assertion of personal jurisdiction over Robey by Kentucky courts in this matter offends his due process rights.Robey did not involve (1) the rejection of a recommendation of renewal by the superintendent; (2) did not involve the recommendation of a principal for renewal; and .
Anheuser Busch Inc. Jonathan S. Blue. Buchanan Allen & Gudmundsson. Kevin Callahan. Chase. Churchill Downs. Dennis Crum. Andrew Fellon. George Frazier. Gordon Gahm.
Robey divided the responsibilities of Kelly’s representation on direct appeal and refer to them with the plural form of counsel. 2 “AEDPA” refers to the Antiterrorism and Effective Death Penalty Act of .
Robey has responded to the motion for summa ry judgment by stating that he denies or otherwise objects to certai n statements made by the defendants in their brief . Send messages to your long lost classmates. Your high school friends are looking for you!
Filed 8/12/09 P. v. Robey CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule (a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule (b).