Kentucky Law Review

COA Args: Court of Appeals to hear challenge to Lexington noise ordinance Sept. 22 in Elizabethtown

Court of Appeals to hear challenge to Lexington noise ordinance Sept. 22 in Elizabethtown

FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear a citizen’s challenge to the Lexington noise ordinance when the court convenes Thursday, Sept. 22, in Elizabethtown. Proceedings are open to the public and will take place at 1 p.m. EDT at the Hardin County Justice Center at 120 E. Dixie Ave.

Will McGinnis is appealing Fayette Circuit Court’s decision to let stand a citation he received for violating Lexington’s noise ordinance. McGinnis is representing himself in the appeal. He argues that the noise ordinance is vague, has no relationship to a nuisance to any residences and that it does not define the times and noise levels that constitute a violation.
 
A three-judge panel comprised of Court of Appeals Judges Donna L. Dixon, Joy A. Moore and Kelly Thompson will hear arguments in the case. Judge Thompson will preside.

 

THURSDAY, SEPT. 22, 2011

1 PM     2010-CA-000893    
              WILL MCGINNIS v COMMONWEALTH OF KENTUCKY

Summary: Pro se appellant appeals a violation of the Lexington Fayette County Urban Government noise ordinance, arguing that it is vague and has no relationship to a nuisance to any residences or definitions as to time or the level of noise that cause a nuisance. Kentucky Attorney General Jack Conway and John Hayne II will represent the Commonwealth of Kentucky. Fayette County Circuit Court Judge Ernesto Scorsone presided in the original case.

Update: Oral argument scheduled over "owner" of dog relative to dog attacks and bites. Does it include the apartment OWNER as opposed to just the tenant? One COA says no, One COA says yes, and now SCOKY has a shot at it.

Update: Oral argument scheduled over "owner" of dog relative to dog attacks and bites. Does it include the apartment OWNER as opposed to just the tenant? One COA says no, One COA says yes, and now SCOKY has a shot at it.

READ ENTIRE POST AT KENTUCKY COURT REPORT WITH LINK TO ORAL ARGUMENT THURSDAY AT 11:00 AM.

THANKS TO ANOTHER "MIKE" FOR THE GENTLE REMINDER OF THIS CASE.

COA Argument Calendar for January 2011 Posted at Ky Court Report

COA Argument Calendar for January 2011

 

ARGUMENTS: December 2010 Oral Argument Calendars for SCOKY & COA

December 2010 Oral Argument Calendars for SCOKY & COA posted at the Kentucky Court Report

SCOKY Oral Arguments for DECEMBER, 2010

COA 2010 Minutes for November 19 , 2010 (Nos. 1088-1107)

From the Kentucky Administrative Office of the Courts: Kentucky Court of Appeals to hear oral arguments Sept. 20-21 in Shelbyville

From the Kentucky Administrative Office of the Courts:

Kentucky Court of Appeals to hear oral arguments Sept. 20-21 in Shelbyville

FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in six civil cases and one criminal case when it convenes Monday and Tuesday, Sept. 20 and 21, at the Shelby County Courthouse in Shelbyville. The civil cases are on appeal from Jefferson County and the criminal case is on appeal from Daviess County. Proceedings will begin at 1:15 p.m. EDT Sept. 20 and 10 a.m. EDT Sept. 21 on the second floor of the courthouse at 501 Main St. Proceedings will be open to the public.
 
A three-judge panel comprised of Court of Appeals Judges Michelle M. Keller, Joy A. Moore and Janet L. Stumbo will hear oral arguments in six of the cases. Court of Appeals Judges Denise G. Clayton, Keller and Moore will hear oral arguments in one case.
 
A docket containing summaries of the cases is below. 
 
SHELBYVILLE DOCKET 
 
Monday, Sept. 20, 2010 
  
1:15 PM     2009CA001412 and 2009CA001588       
                   MICHELE MORGAN v. J. DANIEL LANHAM      
 
Summary: Civil. The appeal is from directed verdicts involving issues of multiple limited liability corporations regarding claims for recovery of unpaid loans and rent. Other issues are fraud/misrepresentation and various evidentiary rulings made by the trial court. The cross-appeal focuses on a directed verdict regarding breach of fiduciary duty.  
 
Jefferson County judge who ruled in the case – Judge Martin F. McDonald      
 
Appellant’s attorneys: Simon Berry and Scott Zoppoth   
 
Appellee’s attorney: Michael O’Connell    
 
2:15 PM     2009CA001427 and 2009CA001436     
                    BRANCH BANKING & TRUST COMPANY v. LARRY E. THOMPSON ET AL.
 
Summary: Civil. The appeal and cross-appeal originate from a foreclosure case. The appellant argues that it was entitled to judgment based on the statute of frauds. The appellant also argues that punitive damages were inappropriate and that the trial court erred in failing to grant a new trial. The cross-appeal focuses on whether the appellant should have been awarded attorney fees.
 
Jefferson County judge who ruled in the case – Judge James M. Shake     
 
Appellant’s attorneys: Daniel Albers Jr., Jean Bird, Mark Robinson and Virginia Snell
 
Appellees’ attorneys: David Hise et al.
 
3 PM     2007CA002426    
              TORI LYNN VAN BERG v. COMMONWEALTH OF KENTUCKY 
 
Summary: Criminal. The appellant claims a double jeopardy error due to a discovery violation by the prosecution. The appellant also claims there was a failure to instruct the jury on entrapment and that there was prosecutorial misconduct.    
 
Daviess County judge who ruled in the case – Judge Henry M. Griffin
 
Appellant’s attorney: Joseph Aprile II
 
Appellee’s attorney: Jeffrey Cross
 
Tuesday, Sept. 21, 2010
 
10 AM     2009CA001352 and 2009CA001389    
                 SUSIE PERRY v. DR. GERALD M. LARSON
 
Summary: Civil. In this medical negligence and wrongful death case, appellant Susie Perry appeals a jury verdict for the defense. Appellee Dr. Gerald M. Larson cross-appeals. Perry argues that the trial court erred by admitting into evidence expert opinion testimony that had not previously been disclosed. She also argues that the trial court erred by excluding testimony related to the decedent’s post-operative physical condition and by dismissing Perry’s loss-of-consortium claim. Larson argues on cross-appeal that the court erred by denying his motions for a directed verdict.    
 
Jefferson County judge who ruled in the case – Judge James M. Shake    
 
Appellant’s attorneys: William Garmer and Jerome Prather 
 
Appellee’s attorney: Donald Brown Jr.
 
10:45 AM     2009CA001442    
                      CARDIOVASCULAR SPECIALISTS, P.S.C. v. NICHOLAOS XENOPOULOS, M.D.
 
Summary: Civil. Cardiovascular Specialists appeals an order entered by the Circuit Court under KRS 271B.16-020, ordering it to provide documents and information sought by one of its shareholders, appellee Dr. Nicholaos Xenopoulos.    
 
Jefferson County judge who ruled in the case – Judge Geoffrey P. Morris
 
Appellant’s attorneys: Robert Craig and Ryan Edwards
 
Appellee’s attorneys: Trevor Earl and Ivan Schell
 
11:30 AM     2009CA001533    
                      EARLENE F. GREENE v. KENTUCKY BOARD OF DENTISTRY
 
Summary: Civil. Appellant Earlene F. Greene appeals the Kentucky Board of Dentistry’s order placing her on probation for a period of five years. She argues that the board’s action was not supported by sufficient evidence and amounted to an abuse of discretion. She also challenges the constitutionality of KRS 13B.150(2)(c), arguing that it does not permit adequate review by a court of the board’s decision.
 
Jefferson County judge who ruled in the case – Judge Geoffrey P. Morris
 
Appellant’s attorney: J. Demoisey 
 
Appellee’s attorneys: William Bausch and Mark Brengelman
 
1:30 PM     2009CA001178     
                   SHAWN M. SMITH v. LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT
 
Summary: Civil. This is a matter-of-right appeal from a grant of summary judgment. At issue is whether there is a genuine issue of material fact regarding whether the appellant’s deceased was a trespasser and was therefore owed no legal duty by the appellee.    
 
Jefferson County judge who ruled in the case – Judge Irv Maze    
 
Appellant’s attorney: Mat Slechter 
 
Appellee’s attorneys: Gregory Gowen, David Hise, Nancy Schook and Laurence Zielke

Ky Court Report: COA Argument Calendar for AUGUST 2010 - Aug. 4, 9, 10, 18, 19, 25, 26

The Kentucky Court Report has posted the COA Argument calendar for August 2010.  A short synopsis of decisions to be heard with a link to the full calendar.

COA Argument Calendar for AUGUST 2010 - Aug. 4, 9, 10, 18, 19, 25, 26

SCOKY: JAN 2010 Court Week

Jan. 17-21, 2010 marked SCOKY's Court Week.

Part of these proceeds in the form of the argument calendar and minutes have been posted.

The argument calendar with cases, issues and briefs is available by clicking here.  I was unable to capture any of these live arguments (well, just one).  Consequently, I have submitted a request to the AOC to obtain copies of the DVD for each argument.  My request is pending.

However, it would be a major assist if the attorneys involved in the cases to request a DVD of the orals and send it to me.  If you want further information or need to arrange how to get me the DVD, the email me at bluegrasslawer(at)gmail.com.  To avoid spammers, I have replaced the "@" with "(at)"  so please change accordingly.

The minutes for the week are also available at the Kentucky Court Report where I have a link to the actual minutes and a short summary or "squib" of each published decision.  Click here for the post at Kentucky Court Report which as the squibs to the published cases.

Janurary 21, 2010 Supreme Court Minutes (CLICK HERE FOR ENTIRE MINUTES)

• Decisions: 1-24
• Total:  24 
• Published: 14
• Displinary Cases (published): 7 (however the 8th was not published re a reinstatement to practice law and a 9th dealt with a fine for failure to comply with CLE)
• Rehearing motions:  2 of 9  motions for rehearing Granted
• Discretionary Review Motions:  Motions granted: 11  Denied: 45  (11/55)
• Running Tally for 2010
• • PUB/NPO Ratio:  14 of 24 published
  • Motions for rehearing - 2 of 9 grants
  • MDR (distcretionary review)  11 of 55 granted
  • Reversals or otherwise not affirmed in entirety: 
  • • Published: 12 of 14
    • NonPublished: 3 of 10
    • Combined: 15 of 24 decisions were reversed in whole or in part
• COA decisions ordered not published: 2
• • Finance and Administration Cabinet v. Rohm and Haas 2009-SC0002142-D Franklin County
  • Commonwealth v. Richard Fuston, 2009-SC-000590-D, Whitley
• Motions to Transfer: Grants -1;  Denials 2
• Other
• • Corrections: 
  • • Hunt v. Com.
    • Bowling v . Ky. Dept. of Corrections
    • Brown v. Com.
    • Com. Ex Rel Conway vs. Ladonna Thomas, Dept. of Corrections
  • MDR grants withdrawn as improvidently grants
  • • Likins v. Kinser, Oldham County
  • Remand to COA for reconsideration: Bronk v. Com
  • Denied motion to vacate: Starlight Stables v. Triton Farms
• Click here for full text of minutes for this month
• Click here for table full for text of minutes of other months

January 2010 Oral Argument Calendars Posted at the Kentucky Court Report

SCOKY Oral Arguments for January 13, 14, and 15, 2010

COA Argument Calendar for January 2009

December 2009 Oral Argument Calendars Posted at the Kentucky Court Report

SCOKY Oral Arguments for December 9, 10 and 11, 2009

COA Argument Calendar for December 2009

SCOKY ORAL ARGS FOR NOV. 18, 19 & 20, 2009

Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law.  Click here.  If the briefs have been filed at NKU at the time of this post, then they are linked here.  If the briefs were not available on line, Click here and enter the Supreme Court, Month, and year to pull of the results for the briefs filed in the month you need to search.

For Kentucky Supreme Court LIVE arguments, click here on date and time of argument.

The issues, dates, times, lower court/judge, counsel, AND links to full text of briefs and  COA decision are below!  The actual calendars are on line at AOC - Click here.

SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

WEDNESDAY, NOVEMBER 18, 2009

9:00 a.m. WATKINS V. COMMONWEALTH OF KENTUCKY (2008-SC-567-DG)
"Criminal Law. Standing. Search and Seizure. Abandonment. Issues include whether a suspect's immediate flight from a vehicle after being pulled over constitutes abandonment and thereby deprives the suspect of standing to contest the subsequent search of the vehicle."
Discretionary Review granted 12/10/2008
Todd Circuit Court, Judge Tyler L. Gill
For Movant: Linda Roberts Horsman
For Respondent: Heather Michelle Fryman

2007CA000869

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. MEMBERS CHOICE CREDIT UNION, ET AL. V. HOME FEDERAL SAVINGS AND LOAN ASSOCIATION (2008-SC-877-DG)
"Credit Unions. Statutory Construction. The issue is whether KRS 286.6-107(2) permits membership in a credit union predicated on where a person lives ('geographic field of membership.')"
Discretionary Review granted 2/11/2009
Franklin Circuit Court, Judge Phillip J. Shepherd
For Movants: David Thomas Wilson II
For Respondent: Jill F. Endicott

2007CA002353

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. DR. GHASSAN HAJ-HAMED V. OHIC INSURANCE COMPANY
(2008-SC-127-DG)
"Malpractice Insurance. Negligent Cancellation of Contract.
KRS 304.20-320(2)(b). At issue is whether malpractice insurance carrier failed to give proper notice of cancellation of an insurance contract with physician and, if so, the proper measure of damages."
Discretionary Review granted 2/11/2009
Campbell Circuit Court, Judge Julie R. Ward
For Movant: Robert Edward Blau
For Respondent: Robert C. Welleford and Tonya Sue Conner Rager

2006CA000200

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

THURSDAY, NOVEMBER 19, 2009

9:00 a.m. JONES, ET AL. V. COMMONWEALTH OF KENTUCKY (2007-SC-922-DG)
"Judicial revocation of conditional discharge. Constitutionality of KRS 532.043(5)."
Discretionary Review granted 10/15/2008
Hickman Circuit Court, Judge Hunter Whitesell
Calloway Circuit Court, Judge Dennis Foust
For Movants: Donald H. Morehead and Jamesa J. Drake
For Respondent: David Wayne Barr and Courtney J. Hightower

2006CA000897

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. JAMES V. JAMES (2008-SC-163-DG)
"Civil Procedure. Appeals. CR 60.02. CR 73.02(1)(d). Issues include whether relation forward doctrine applies to prematurely filed notice of appeal."
Discretionary Review granted 1/14/2009
Taylor Circuit Court, Judge Doughlas M. George
For Movant: Charles Thomas Hectus
For Respondent: Scott P. Zoppoth and Jennifer Lynn Hulse

2007CA001837

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. GALLATIN HEALTH CARE, LLC, ET AL. V. SHARON CLARK, IN HER OFFICIAL CAPACITY AS COMMISSIONER FOR THE KENTUCKY DEPARTMENT OF INSURANCE AND REHABILITATOR OF AIK CORP, ET AL. (2008-SC-381-TG)
"Approval of Rehabilitator's Settlement Agreement with the officers and trustees of AIK Corp."
Franklin Circuit Court, Judge Thomas D. Wingate
For Appellants: Robert W. Bishop, Ronald Richard Parry, J. Guthrie True,
For Appellees: Perry Mack Bentley, Walter L. Sales, John Melvin Camenisch, Jr., Paul C. Harnice, Justin Drew Clark, Charles G. Middleton III, Charles D. Greenwell, John Edward Hanley II, John Key Schoen, and Joseph Allan Cobb

2008CA000945

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

FRIDAY, NOVEMBER 20, 2009

9:00 a.m. CINCINNATI INSURANCE COMPANY V. MOTORISTS MUTUAL INSURANCE COMPANY (2008-SC-293-DG)
"Insurance. Property damage. Contractors. At issue is whether contractual recovery may be premised upon a builder's substandard work."
Discretionary Review granted 2/11/2009
Jefferson Circuit Court, Judge Mary M. Shaw
For Movant: Michael D. Risley and Brandon Wade Smith
For Respondent: William P. Swain, David Sean Ragland and
Paul Joseph Bishop

2007CA000818

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. HEER V. FRASER, ET AL. (2008-SC-280-DG)
"Oil and Gas. Leases. Where oil lease required that a well be 'commenced' by
a date certain, and lessee cleaned out pre-existing, formerly producing well
and produced oil, with no additional drilling, the issue is whether these actions by lessee constituted commencement of a well."
Discretionary Review granted 3/11/2009
Metcalfe Circuit Court, Judge Phillip R. Patton
For Movant: Bryan Edward Bennett
For Respondents: William Colvin

2006CA001489

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 A.M. SPENCER V. ESTATE OF CHARLES SPENCER (2008-SC-191-DG) AND
ESTATE OF CHARLES SPENCER V. SPENCER (2008-SC-196-DG)
"Joint Accounts. Multiple Party Accounts Act. KRS 391 .315(1)(a). Issues include whether a joint brokerage account is a joint account for purposes of KRS 391.315(1)(a), which provides the sums remaining on the death of one party go to the surviving party as against the estate."
Discretionary Review granted 2/11/2009
McCracken Circuit Court, Judge R. Jeffrey Hines
For Lila Faye Spencer: Richard L. Walter and Samuel Scott Marcum
For Estate of Charles Spencer: Mark Lane Ashburn

2007CA000277

Appellant's Brief

Appellant's Brief

Appellee's Brief

Appellee's Brief

Appellant's Reply Brief