From the Louisville Bar Association, is a note that the Supreme Court will be in Louisville to hear oral arguments on Sept. 10 and 11 at the University of Louisville School of Law. The LBA will be hosting a reception for them on the evening of Sept. 10. RSVP, please by Sept. 8:
You're invited to join us as we welcome the Justices of the Kentucky Supreme Court to the Bar Center on Wednesday, September 10.
The reception will begin at 5 p.m. with cocktails and hors d'ouevres.
We do ask that guest who are planning to attend to please RSVP by Monday, September 8 via e-mail to dlewis@loubar.org or by calling (502)583-5314.
From the law school's web site, I note that
All students are invited to attend Oral Arguments. Following the final oral argument on September 11, the justices will address any questions from the audience on matters not related to the cases just heard or to other pending cases.
Click HERE for the argument calendar with cases, names, attorneys, dates, times, issues (also copied below the fold of this post):
SUPREME COURT OF KENTUCKY
ORAL ARGUMENT CALENDAR
LOUIS D. BRANDEIS SCHOOL OF LAW COURTROOM
UNIVERSITY OF LOUISVILLE
LOUISVILLE, KENTUCKY
TO: Justices and Court Staff
FROM: Chief Justice John D. Minton, Jr.
DATE: July 15, 2008
WEDNESDAY, SEPTEMBER 10, 2008
9:00 a.m. WINES V. COMMONWEALTH OF KENTUCKY (2007-SC-81-MR)
"Murder, Assault second degree, Tampering with Physical Evidence, PFO second degree - 45 years. Failure to sever counts of the indictments; immunity from prosecution for those acting in self-defense - no duty to retreat; extreme emotional disturbance."
Jefferson Circuit Court, Judge William Douglas Kemper
For Appellant: Elizabeth McMahon
For Appellee: Samuel J. Floyd, Jr.
10:00 a.m. RODGERS V. COMMONWEALTH OF KENTUCKY (2007-SC-40-MR)
"Manslaughter first degree and PFO second degree. Use of redacted statements to police; self-protection - no duty to retreat; formation of the petit jury; jury instructions."
Jefferson Circuit Court, Judge William Douglas Kemper
For Appellant: Bruce P. Hackett
For Appellee: Perry Thomas Ryan
11:00 a.m. BREWSTER V. COLGATE-PALMOLIVE COMPANY AND JEWISH HOSPITAL HEALTHCARE SERVICES (2006-SC-584-DG) AND (CROSS MOTION) JEWISH HOSPITAL HEALTHCARE SERVICES, INC. V. BREWSTER (2007-SC-366-DG)
"Asbestos Exposure. Premises Liability. Summary Judgment. Issues include whether genuine issues of material fact exist; and whether premises owner may be found to have breached a duty of care owed to construction contractor's employee who alleged exposure to asbestos on premises."
Discretionary Review granted 05/16/2007 and 08/15/2007
Jefferson Circuit Court, Judge Lisabeth Hughes Abramson
For Movant/Cross Respondent: Rickie A. Johnson, Kenneth L. Sales, Joseph Donald Satterley and Paul Jason Kelley
For Respondents/Cross Movants: Rebecca F. Schupbach, Lisa Catherine Dejaco, James M. Gary and Russell Harper Saunders
(Note: Justice Abramson is recused)
THURSDAY, SEPTEMBER 11, 2008
9:00 a.m. DEVASIER, ADMINISTRATRIX V. JAMES (2007-SC-130-DG) AND (CROSS MOTION) JAMES V. DEVASIER, ADMINISTRATRIX (2007-SC-365-DG)
"Medical Negligence. Mental Health Professionals. Duty to Warn. Issues include the propriety of the jury instructions regarding a psychiatrist's duty to warn regarding a patient's threat of violence and whether KRS 202A.400 addresses such a duty even if the threat is not directly communicated to the psychiatrist."
Discretionary Review granted 05/16/2007 and 08/15/2007
Jefferson Circuit Court, Judge Thomas McDonald
For Movant/Cross-Respondent: Paul Joseph Hershberg and Christopher A. Bates
For Respondent/Cross Movant: Walter Gregory King and Amy Olive Wheeler
10:00 a.m. TENNILL V. TALAI (2007-SC-46-DG) AND (CROSS MOTION) TALAI V. TENNILL (2007-SC-673-DG)
"Civil Procedure. Interrogatories. Damages. Defendant defaulted as to liability, yet then participated in damages hearing. At issue is whether plaintiff, who failed to respond to interrogatories regarding the amount of damages, is prohibited from introducing evidence of unliquidated damages by Fratzke v. Murphy, 12 S.W.3d 269, 271 (Ky. 1999)."
Discretionary Review granted 09/12/2007 and 10/24/2007
Jefferson Circuit Court, Judge Stephen K. Mershon
For Movant/Cross Respondent: Leroy E. Sitlinger, Jr.
For Respondent/Cross Movant: David Alfred Shearer, Jr., David Wells Zahniser and James M. Cawood
11:00 a.m. COMMONWEALTH OF KENTUCKY V. CARNEAL (2006-SC-653-DG) AND (CROSS MOTION) CARNEAL V. COMMONWEALTH OF KENTUCKY (2007-SC-203-DG)
"Criminal Law. RCr 11.42. Competency Hearings. Insanity. Issues include: (1) whether RCr 11.42 limitations period is tolled for juveniles, and (2) whether retrospective competency hearing, based on new mental evaluation, should be granted even though such a hearing had been held prior to guilty plea."
Discretionary Review granted 03/14/2007 and 05/16/2007
McCracken Circuit Court, Judge R. Jeffrey Hines
For Movant/Cross-Respondent: David A. Smith
For Respondent/Cross Movant: David Hare Harshaw III and Timothy G. Arnold
(Note: Chief Justice Minton is recused)
