Kentucky Law Review

COAKY Arguments in Bowling Green on June 19 & 23, 2009 - Public invitied.

Kentucky Court of Appeals to hear oral arguments June 19 and 23 in Bowling Green

By Jamie Ball
Public Information Specialist
502-573-2350, x 2233
jamieball@kycourts.net
http://courts.ky.gov on Kentucky Court of Justice

The public is invited to observe as the Court of Appeals hears oral arguments in cases on appeal from Christian, Floyd, Henderson, Lee and Warren counties.

SCOKY ARGS for April 15-16, 2009 - Time, dates, cases, issues and links to full text of lower decision and briefs (filed at Chase Law School)

Sorry for the tardiness!!!

Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law.  Click here.

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 ofbriefs and  COA decision are below!

WEDNESDAY, APRIL 15, 2009

9:00 a.m. MULLINS V. PICKLESIMER (2008-SC-484-DGE)
"Child Custody. Issues include whether the biological mother waived her superior right of custody, thus permitting a joint custody award by having acknowledged her same sex partner as a parent of the child, co-parenting the child prior to separation of the couple and later allowing extensive timesharing and visitation with the child."
Discretionary Review granted 1/14/2009
Garrard Circuit Court, Judge C. Hunter Daugherty
For Movant: William R. Erwin
For Respondent: Robin Renee Slater

• Appellant's Brief
• Appellee's Brief
• 2007CA000086 COA DECISION

10:00 a.m. COMMONWEALTH OF KENTUCKY V. LOPEZ (2008-SC-308-DG)
"Criminal Law. Probation Revocation. Uniform Code of Military Justice. The primary issue concerns the weight that courts should give to violations of the UCMJ which do not necessarily constitute an independent offense under Kentucky law."
Discretionary Review granted 9/10/2008
Hardin Circuit Court, Judge Kelly M. Easton
For Movant: Heather Michelle Fryman
For Respondent: Sheldon S. Mirkin

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• 2006CA002461 COA DECISION

11:00 a.m. SOLINGER M.D., ET AL. V. PEARSON, ET AL. (2007-SC-389-DG) AND (CROSS-MOTION) PEARSON V. SOLINGER, M.D., ET AL. (2008-SC-133-DG)
NORTON HOSPITAL, INC. V. PEARSON (2007-SC-414-DG) AND (CROSS-MOTION) PEARSON V. NORTON HOSPITAL, INC.
(2008-SC-134-DG)
"Civil Procedure. Summary Judgment. Expert Witnesses. Issues in this medical malpractice action include whether the trial court erred in entering summary judgment in favor of the defendants after the then-pro se plaintiff failed to disclose timely her expert witnesses."
Discretionary Review granted 2/13/2008 and 4/16/2008
Jefferson Circuit Court, Judge Judith E. McDonald-Burkman
For Movants/Cross Respondents (Solinger, et al.): James Patrick Grohmann and Katherine K. Vesely
For Movant/Cross-Respondent (Norton Hospital, Inc.): Bradley R. Hume and Beth Hendrickson McMasters
For Respondent/Cross-Movant (Pearson): Alan Steven Rubin

• Solinger v. Pearson, 2007-SC-389, 2008-SC-133
  • Appellant's Brief
  • Appellee's Brief
  • Appellant's Reply Brief
  • Appellee's Reply Brief
• Norton Hospital v. Pearson, 2007-SC-414, 2008-SC-134
  • Appellant's Brief
  • Appellee's Brief
  • Appellant's Reply Brief
  • Appellee's Reply Brief
• related Supreme Court Cases
  • 2007-SC-000414
  • 2008-SC-000133
  • 2008-SC-000134
  • 2008-SC-000389
• 2006CA000585 COA DECISION

THURSDAY, APRIL 16, 2009

9:00 a.m. MAULDIN, ET AL. V. BEARDEN (2008-SC-557-DGE)
"Child Custody and Visitation. Issues include whether Kentucky retained jurisdiction over visitation under KRS 403.824, a UCCJEA provision adopted
in 2004."
Discretionary Review granted 1/14/2009
Jefferson Circuit Court, Judge Stephen M. George
For Movants: Mitchell A. Charney and Stephanie Lynn Morgan-White
For Respondent: Armand I. Judah

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• 2007CA001888 COA DECISION

10:00 a.m. ASSOCIATED INSURANCE SERVICE, INC., ET AL. V. GARCIA, M.D., ET AL. (2008-SC-037-DG) AND AON RISK SERVICES INC. OF OHIO, ET AL. V. GARCIA, M.D., ET AL. (2008-SC-044-DG).
"Professional negligence case against an insurance agent and broker. Assignment of claims. Summary judgment."
Discretionary Review granted 9/10/2008
Jefferson Circuit Court, Judge Geoffrey P. Morris
For Movant (Associated Insurance Service): Frank P. Doheny, Jr. and Michael C. Merrick
For Movant (Aon Risk Services): Mark Scott Riddle, Brent Robert Baughman and P. Blaine Grant
For Respondents: Larry B. Franklin and Leroy E. Sitlinger, Jr.

• Appellant's Brief
• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• Appellant's Reply Brief
• Related SC Cases
  • 2008-SC-000037
  • 2008-SC-000044
• 2006CA001737 COA DECISION

11:00a Meece v. Commonwealth, 2006-SC-881 [note this was not listed in the SC's Oral Argument Calendar but was included with the briefs filed at NKY Chase School of Law; these are included in an abundance of caution]

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief

FRIDAY, APRIL 17, 2009 ------ NO ORAL ARGUMENT

APPEALS: The value of an oral argument and the elements of fairness cannot be overstated

My earlier post on some appellate courts' practice of voting and drafting opinions before hearing the lawyers make their oral arguments seems to hit a sour note when reviewed in the context of the following remarks:

Judge John Brown on the importance (or lack thereof) of oral argument

By Ray

If you’re a briefwriter who, for whatever reason, rarely gets the opportunity to present oral argument, take heart in this quotation by a Fifth Circuit legend:

Oral argument, as such, is rarely, if ever, so essential to elemental fairness as to orbit to a constitutional apogee. Indeed, the practice of Courts of disposing of cases in a variety of situations on the papers, reflects the experience of mature judges that oral argument in many, many cases adds nothing to the process of enlightenment.

Groendyke Transport, Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969) (Brown, J.).

COA: Kentucky Court of Appeals to hear oral arguments Feb. 24 in Covington

FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments Tuesday, Feb. 24, in Covington. The cases include an appeal regarding legal malpractice claims in the Lexington Micro-City Government child abuse cases, an appeal of a lost lawsuit against Allstate Insurance Co. and an appeal by the Housing Authority of Covington about an eviction.

All  proceedings are open to the public.

A three-judge panel consisting of Court of Appeals Judges Michelle M. Keller, Joy A. Moore and Kelly Thompson will hear oral arguments starting at 10 a.m. at the Kenton County Justice Center at 230 Madison Ave. The cases are on appeal from courts in Campbell, Fayette and Kenton counties.

A docket containing summaries of the cases is below. 
 
COVINGTON DOCKET

Tuesday, Feb. 24, 2009  

10 AM   2007CA002599
             GENEVA HAGER v. ALLSTATE INSURANCE COMPANY

Summary: Civil. Appeal of trial court decision regarding a claim that the insurance company acted in bad faith. The jury verdict found that the appellee did not violate KRS 304.12-230 in negotiating, investing and evaluating the appellant’s insurance claim. Appellant is also appealing the trial court’s failure to certify a class of similarly situated individuals.

Fayette County judge who ruled in the case – Judge Thomas L. Clark

Appellant’s attorneys: Lauren Lea Crosby, J. Dale Golden and Kaelin Goheen Reed 

Appellee’s attorneys: Mindy G. Barfield and Grahmn New Morgan

11:15 AM   2007CA002562
                  HOUSING AUTHORITY OF COVINGTON v. CLARISSA TURNER

Summary: Discretionary review. Civil. The Housing Authority is appealing the judgment of Kenton District Court that denied the appellant an eviction of the appellee. The appellant argues that federal law preempts KRS 383.660 of the Uniform Residential Landlord Tenant Act. Appellant alleges that the appellee’s nephew was in possession of drugs on the premises and that under the appellee’s one-strike-and-out policy, the appellee must be evicted. Appellee argues that she remedied the problem by barring her nephew from the premises.

Kenton County judge who ruled in the case – Judge Patricia M. Summe

Appellant’s attorney: Stephen T. McMurtry

Appellee’s attorneys: Bradley S. Christy and Acena Johnson Smith

1:30 PM   2008CA000255
                MISTY GLASSON v. MUHAMMED AFZAL ET AL.  

Summary: Civil. Appellant who alleged sexual battery is appealing jury decision that found in favor of the appellees. Appellant alleges on appeal that the trial judge granted the appellees too many preemptory challenges, improperly admitted reputation and medical evidence and permitted improper statements by appellees during closing argument. 

Campbell County judge who ruled in the case – Judge Fred A. Stine V

Appellant’s attorney: Robert F. Croskery

Appellees’ attorneys: Robert Arthur Ott and Scott P. Whonsetler

2:15 PM   2007CA001978, 2007CA002039, 2007CA002041 and 2007CA002080
                EUGENE GOSS ET AL. v. JOHN DOE # 1-37 ET AL.

Summary: Civil. Appeal regarding whether the appellees’ legal malpractice claims are ripe for adjudication. The claims arose from Lexington Micro-City Government child abuse cases. The trial court held that the claims were not ripe for adjudication. Both the appellants and appellees argue that the claims are ripe for adjudication. Appellants argue that the trial court erred when it found that an attorney-client relationship existed between the attorneys and the Does. The appellees argue that the trial court erred when it found that, if the claims were ripe, the Does did not suffer damage because they received redress of their claims. 

Fayette County judge who ruled in the case – Judge Pamela R. Goodwine

Appellants’ attorneys: Calvin R. Fulkerson, David Andrew Trevey and Christina L. Vessels

Appellees’ attorneys: James Michael Morris and Sharon K. Morris

COA Arguments in Bardstown on Feb. 23, 2009 - Public is invited!

FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in four civil case appeals Monday, Feb. 23, at the Nelson County Justice Center in Bardstown. Proceedings are open to the public.

A three-judge panel consisting of Court of Appeals Chief Judge Sara Walter Combs and Court of Appeals Judges Michael Caperton and Denise G. Clayton will hear oral arguments starting at 10:30 a.m. in District Courtroom B of the justice center at 200 Nelson County Plaza. The cases are on appeal from courts in Jefferson and Shelby counties.

A docket containing summaries of the cases is below.

BARDSTOWN DOCKET

Monday, Feb. 23, 2009        

10:30 AM   2007CA002545
                  WILLIAM PORTER ET AL. v. SHELBYVILLE CEMETERY COMPANY ET AL.

Summary: Civil. Appeal is from a lawsuit that was dismissed for lack of standing against a cemetery that was seeking to enforce compliance with its corporate charter and bylaws.

Shelby County judge who ruled in the case – Judge Charles R. Hickman

Appellants’ attorneys: Alan N. Linker, Donald T. Prather and Raymond R. Roelandt

Appellees’ attorneys: C. Gilmore Dutton III and Heather Marie Hardin

11:15 AM   2008CA000564
                  JOSEPH HARDESTY ET AL. v. SCOT-BILT HOMES, INC. ET AL.

 Summary: Civil. Appeal regarding implied warranty of habitability.

Jefferson County judge who ruled in the case – Judge Judith E. McDonald Burkman

Appellants’ attorneys: George P. Parker, David B. Ratterman, Angela Richie Stephens and James C. Wade

Appellees’ attorneys: Gerald L. Stovall and Brian Andrew Veeneman

1:45 PM   2008CA000622
                PINE TREE VILLA, LLC ET AL. v. CARLA OLSON

Summary: Civil. Appeal of trial court decision that denied appellant’s motion to enforce an alternative dispute resolution agreement. The agreement concerned a long-term care negligence claim.

Jefferson County judge who ruled in the case – Judge Martin F. McDonald

Appellants’ attorneys: Robert Y. Gwin and Marcia L. Pearson

Appellee’s attorney: Theodore L. Mussler Jr.

2:30 PM   2007CA002527
                ANN PATMON ET AL. v. LANIER HOBBS

Summary: Civil. Appeal of trial court order regarding judgment against managing members of a limited liability corporation pursuant to KRS 275.170. Issue is one of first impression (no existing published opinions on the issue in Kentucky) concerning what constitutes a diverted opportunity for fiduciary duty purposes.

Jefferson County judge who ruled in the case – Judge Mitchell Perry

Appellant’s attorneys: Chadwick Aaron McTighe and Ian T. Ramsey

Appellee’s attorneys: F. Larkin Fore and Sarah Fore Whittle

COA: Kentucky Court of Appeals to hear oral arguments in state trooper’s appeal, other cases Feb. 18 in Bowling Green

Proceedings are open to the public

FRANKFORT, Ky., Feb. 12, 2009 - The Kentucky Court of Appeals will hear oral arguments in Bowling Green on Wednesday, Feb. 18, in the case of a Kentucky state trooper who claims that a former Butler County sheriff is responsible for the near fatal injury he sustained while responding to a call in January 1999. The trooper was assigned to the Kentucky State Police post in Bowling Green at the time of the incident.

The court will also hear oral arguments in appeals involving worker’s compensation and termination of parental rights and adoption while in Bowling Green. All proceedings will be open to the public. Proceedings will take place in room 166 of the Mass Media and Technology Hall at Western Kentucky University. The hall is located on Normal Drive.

In the case Brent Wasson v. Kenneth Morris, Trooper Brent Wasson is appealing the lawsuit he lost against former Sheriff Kenneth Morris in Butler County Circuit Court in 2008. Wasson claims that then-Sheriff Morris’ failure to tell him about the danger of a call he was responding to in the county resulted in the trooper being shot three times with his service weapon by the man who was the subject of the call. The issues in the case include whether there was a special relationship between the trooper and sheriff that would have indicated a duty for the sheriff to act, the trooper’s assumption of risk in responding to the call and sovereign or qualified immunity.

A three-judge panel consisting of Court of Appeals Judges Janet L. Stumbo and Jeff S. Taylor and Senior Judge John W. Graves will hear oral arguments in the case at 1:30 p.m. CST.

The panel will hear oral arguments in the worker’s compensation appeal William Lyons et al. v. Old Chicago Pizza et al. at 2:15 p.m. CST. Another panel consisting of Court of Appeals Judges James H. Lambert and Jeff S. Taylor and Senior Judge John W. Graves will hear oral arguments at 3 p.m. CST in R.M. et al. v. R.B. et al., the appeal involving termination of parental rights and adoption.

A docket containing summaries of the cases is below.

BOWLING GREEN DOCKET

Wednesday, Feb. 18, 2009      

1:30 PM     2008CA000780
                    BRENT WASSON v. KENNETH MORRIS

Summary: Civil. State trooper is appealing circuit court’s summary judgment regarding his claim that former Butler County Sheriff Kenneth Morris is responsible for his sustaining a near fatal injury while responding to a call in Butler County. The issues in the case include whether there was a special relationship between the trooper and sheriff that would have indicated a duty for the sheriff to act, the trooper’s assumption of risk in responding to the call and sovereign or qualified immunity.

Butler County judge who ruled in the case – Judge Ronnie C. Dortch

Appellant’s attorney: Brian Lee Schuette

Appellee’s attorney: Matthew M. McGill

2:15 PM     2008CA001923
                    WILLIAM LYONS ET AL. v. OLD CHICAGO PIZZA ET AL.

Summary: Worker’s compensation. At issue is whether the administrative law judge in the case properly denied petition for attorney fees.

Judge who ruled in the case – Judge William Bruce Cowden

Appellants’ attorney: Robert L. Catlett Jr.

Appellees’ attorneys: Joel W. Aubrey, Dwight T. Lovan and Andrew F. Manno

3 PM     2008CA001099
              R.M. ET AL. v. R.B. ET AL.

Summary: Civil. At issue is whether the trial court erred by denying appellant’s petition for termination of parental rights and adoption.

Casey County judge who ruled in the case – Judge James G. Weddle

Appellants’ attorney: Jonathan R. Baker

Appellees’ attorneys: Gregory Y. Dunn and Donald A. Thomas

Judge James H. Lambert
James H. Lambert was elected as judge of the Kentucky Court of Appeals in November 2006 to serve Division 2 of the 3rd Appellate District.

Judge Lambert holds a bachelor’s degree from Eastern Kentucky University and a juris doctor from Northern Kentucky University Chase College of Law. After admission to the Kentucky Bar in 1976, he entered private practice with Lambert & Lambert of Mount Vernon. He was elected Rockcastle County attorney in November 1981 and served in that capacity for three terms. He returned to full-time private practice in 1994.

Judge Lambert also served as trial commissioner for the Rockcastle County District Court from 2002 to 2005 and as an administrative law judge for the Kentucky State Department of Corrections.

Judge Lambert resides near Mount Vernon with his wife, Brenda. His daughter, Lora Lambert Boyd, also lives in Rockcastle County.

Judge Janet L. Stumbo
In 1989, Janet L. Stumbo became the first woman from the 7th Judicial District to be elected to the Kentucky Court of Appeals. At that time, she was only the second woman to serve on the Court of Appeals and the first woman to be elected without having first been appointed.

Judge Stumbo served four years with the Court of Appeals before being the first woman elected (again without having first been appointed) to the Supreme Court of Kentucky in November 1993. She was re-elected to a full eight-year term on the Supreme Court in 1996. While a Supreme Court justice she served as chair of both the Civil Rules Committee and the Family Court Consortium, a statewide committee appointed by then-Chief Justice Robert F. Stephens to implement a pilot project for Family Court. The consortium’s work resulted in the enactment of an amendment to the Kentucky Constitution and legislation establishing Family Court in jurisdictions across the commonwealth.

In November 2006, two years after completing her Supreme Court tenure, Judge Stumbo was elected to the Court of Appeals for a second time to represent the 7th Appellate District. The 7th Appellate District is comprised of Boyd, Breathitt, Carter, Elliott, Floyd, Greenup, Harlan, Johnson, Knott, Lawrence, Letcher, Magoffin, Martin, Menifee, Montgomery, Morgan, Owsley, Perry, Pike, Powell, Rowan and Wolfe counties.

Judge Stumbo earned her bachelor’s degree from Morehead State University and her juris doctor from the University of Kentucky College of Law. She began her legal career as a staff attorney to the late Judge Harris S. Howard of the Kentucky Court of Appeals. She entered private practice in 1982 with Turner, Hall & Stumbo PSC, where she focused on cases involving workers’ compensation, federal black lung claims, dissolution of marriage and personal injury.

She also served as assistant Floyd County attorney for three years and sat on the board of directors of the Appalachian Research and Defense Fund of Kentucky from 1983 to 1989, serving as board chair from 1984 to 1989. Judge Stumbo became a partner in Stumbo, DeRossett & Pillersdorf in 1989, just before being elected to the Court of Appeals for the first time.

During her break from the bench from 2004 to 2006, she taught at the Appalachian School of Law and the University of Kentucky College of Law. She also taught a mock trial course for high schools students at Verbally and Mathematically Precocious Youth, a summer camp hosted by Western Kentucky University.

Judge Stumbo was inducted into the UK College of Law Alumni Hall of Fame in 1999 and into the Morehead State University Alumni Association Hall of Fame in 1990. In 1996 the Kentucky Bar Association for Women gave her its first Women Lawyers of Achievement Award, which recognizes professional excellence in the practice of law and efforts to open the field for other women. In 1995 the Women in State Government Network presented her with its Bull’s Eye Award. The Kentucky Women Advocates gave her its 1995 Outstanding Justice Award for her support of adopting gender fairness into state judicial language. In 1991 the Kentucky Women Advocates gave her its Justice Award for her use of spousal abuse evidence as grounds for setting aside a settlement in dissolution of marriage cases and for her support in creating a shelter for abused women in Floyd County.

Judge Stumbo is a native of Floyd County. She and her husband, attorney Ned Pillersdorf, have three daughters, Sarah, Nancee and Samantha.

Judge Jeff S. Taylor
Jeff S. Taylor was first elected as a Court of Appeals judge in November 2003 to represent the 2nd Appellate District, which is comprised of Barren, Breckinridge, Bullitt, Daviess, Grayson, Hancock, Hardin, Hart, Henderson, LaRue, Meade, Ohio, Union and Warren counties. He was re-elected in November 2006 to a full eight-year term.

Judge Taylor previously practiced law in Owensboro for more than 20 years and was a sole practitioner from 1990 until his election to the Court of Appeals.

He has a Bachelor of Science degree from Murray State University and a Master of Public Administration degree from Memphis State University. He earned his law degree from the University of Louisville Brandeis School of Law, graduating with honors in 1982. He is a 1971 graduate of Elizabethtown High School.

Judge Taylor serves on the Kentucky Bar Foundation Board of Directors. In September 2006, he accepted an appointment to serve a six-year term on the Murray State University Board of Regents. Judge Taylor also serves on the board of directors for the Daviess County Public Schools Foundation.

Judge Taylor is a past president of the Kentucky chapter of the Federal Bar Association. He is also past president of the Daviess County Bar Association, Daviess County Public Defender Corp. and the Daviess County Lawyer Referral Service. He is a member of the American, Kentucky and Daviess County bar associations. He is a Life Fellow in the Kentucky Bar Foundation and a member of the Brandeis Honor Society at the Brandeis School of Law.

Judge Taylor is a member of the Owensboro-Daviess County Chamber of Commerce, is past president of the Owensboro Kiwanis Club and serves on the Girls Inc. Board of Trustees. He is a former board member of the Owensboro-Daviess County Committee on Aging. He has been a frequent United Way volunteer and has been a volunteer for the Salvation Army and Boy Scouts Law Explorers.

Judge Taylor was born in Fort Knox and raised in Daviess County. He is married to the former Betty Keller. She has one son, and they have two grandchildren.

Senior Judge John W. Graves
John W. Graves of Paducah is a senior judge assigned to the Court of Appeals. He became a senior judge after retiring as a Supreme Court justice in December 2006.

Judge Graves was elected to the Supreme Court of Kentucky in November 1995 and re-elected for a second term in 1998. He served as a circuit judge after being appointed in 1989 and as a district judge after he was appointed in 1984.

Prior to his judicial career, Judge Graves was an attorney in private practice for 20 years.

Judge Graves earned his juris doctor from the University of Kentucky College of Law and his bachelor’s degree from the University of Notre Dame.

Judge Graves and his wife, Mary Ann, have two children, James Anthony and Kevin Andrew.

Kentucky Court of Appeals
Nearly all cases heard by the Kentucky Court of Appeals come to it on appeal from a lower court. If a case is tried in Circuit Court or District Court and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court’s decision. Some cases, such as criminal case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals. Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the court for a decision.

Fourteen judges, two elected from seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location, but travel throughout the state to hear cases.

The Administrative Office of the Courts in Frankfort supports the activities of 4,000 Kentucky Court of Justice employees, including the elected offices of justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC prepares a biennial budget draft and executes the Judicial Branch budget.

COA Argument Calendar for Feb. 2009 - Dates, times, locations, case names, issues, panel, and lower court/county referenced

COA Argument Calendar for Feb. 2009 - Dates, times, locations, case names, issues, panel, and lower court/county referenced posted at Kentucky Court Report.

SC Argument Calendar for Feb. 11-13, 2009 with issues, links to briefs and times for LIVE Argument on-line

Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law.  Click here.

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

The dates, times, briefs, and  COA decision links are below!

Again, if the litigants would like to request from the AOC at the time of their arguments copies of the videos and send to us, we will stream them!

WEDNESDAY, FEBRUARY 11, 2009

9:00 a.m. TOBAR V. COMMONWEALTH OF KENTUCKY (2007-SC-842-DG)
"Criminal Law. Sex-Offender Registration. Issues include whether the statutory requirement that a registered sex offender must (re)register upon a "change of address" is unconstitutional in the case of a registrant who becomes homeless."
Discretionary Review granted 5/14/2008
Fayette Circuit Court, Judge Mary C. Noble
For Movant: Samuel N. Potter
For Respondent: James Coleman Shackelford
(Note: Justice Noble is recused)

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief

10:00 a.m. STEVE BESHEAR (IN HIS OFFICIAL CAPACITY AS THE GOVERNOR OF THE COMMONWEALTH OF KENTUCKY), ET AL. V. HAYDON BRIDGE COMPANY, INC., ET AL. (2007-SC-58-TG)
"Temporary suspension of an appropriation statute in a budget bill-applicability of the publication requirement of Section 51 of the Kentucky Constitution."
Franklin Circuit Court, Judge William L. Graham
For Appellants: Virginia Hamilton Snell, Mark Stephen Pitt and Christopher W. Brooker
For Appellees: Mark David Guilfoyle, H. Edward O'Daniel, Jr. and Francis Lee Dickerson.

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• Appellee's Reply Brief

11:00 a.m. COMMONWEALTH OF KENTUCKY V. HOUSE (2008-SC-114-DG)
"Criminal Law. DUI. Pre-trial Discovery. Trade Secret. Issue is the propriety of ordering disclosure of the computer "source code" of the Intoxylizer 5000 where the manufacturer claims that it is a trade secret and the defendant urges that failure to disclose it violates his confrontation rights."
Discretionary Review granted 6/11/2008
Fayette Circuit Court, Judge Kimberly N. Bunnell
For Movant: Perry Thomas Ryan
For Respondent: Thomas Dulaney Bullock and Harold Lewis Kirtley, II

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• Amicus Curiae Brief for CMI, Inc.

THURSDAY, FEBRUARY 12, 2009

9:00 a.m. FREEMAN, (JESSAMINE COUNTY PVA), ET AL.V. ST. ANDREW ORTHODOX CHURCH, INC. (2007-SC-640-DG)
"Tax. Property Exemptions. The issue is whether church property, rented to third parties yet used occasionally by church members, is exempt from taxation under Ky. Const. § 170."
Discretionary Review granted 8/13/2008
Jessamine Circuit Court, Judge C. Hunter Daugherty
For Movants: Douglas M. Dowell
For Respondent: David Andrew Owen, Mark Francis Sommer and Jennifer Sartor Smart

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief

10:00 a.m. ST. CLAIR V. COMMONWEALTH OF KENTUCKY (2005-SC-828-MR)
"Death Penalty-Murder"
Bullitt Circuit Court, Judge Thomas Waller
For Appellant: Shannon Renee Dupree and Linda Roberts Horsman
For Appellee: David A. Smith

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief

 

FRIDAY, FEBRUARY 13, 2009

9:00 a.m. CANTRELL, ET AL. V. ASHLAND OIL, INC., ET AL. (2006-SC-763-DG) AND (CROSS-MOTION) ASHLAND OIL, INC., ET AL. V. CANTRELL, ET AL.
(2007-SC-818-DG)
"Environmental Contamination. Evidence. Damages. Instructions. Statute of Limitations. In action by landowners against oil-drilling company alleging contamination of surface and water, issues include whether certain claims were improperly dismissed as time-barred; whether on remaining claims trial court improperly excluded evidence from plaintiffs' expert and lay witnesses; whether instructions to jury were erroneous; whether damages were no more than "stigma" damages for which there could be no recovery; and whether defendants were entitled to judgment as a matter of law."
Discretionary Review granted 10/24/2007 and 12/12/2007
Johnson Circuit Court, Judge Stephen Frazier
For Movants/Cross-Respondents: Joseph R. Lane and Ned Barry Pillersdorf
For Respondents/Cross-Movants: Anne Adams Chesnut, Michael J. Schmitt, Phillip D. Scott and Brian Michael Johnson
(Note: Justice Scott is recused)

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• Appellee's Reply Brief

10:00 a.m. BLUE MOVIES, INC., D/B/A LOVE BOUTIQUE, ET AL. V. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT
(2007-SC-812-DG)
"First Amendment. Adult Entertainment. Twenty-First Amendment. Issues include the constitutionality of certain provisions regulating adult entertainment establishments, particularly a provision prohibiting alcohol sales, a provision requiring disclosure of principal owners and a "no touching" provision."
Discretionary Review granted 4/16/2008
Jefferson Circuit Court, Judge Stephen P. Ryan
For Movants: Edward Brian Davis, Paul S. Gold, Charles Michael Hatzell, Frank Mascagni, III, Ronald Ludlow Cook, David Stuart Stevenson, H. Louis Sirkin and Bradley J. Shafer
For Respondent: Winston King, N. Scott Lilly, William P. O'Brien and Scott D. Bergthold

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• Amicus Curiae

Jan 2009 SCOKY Args (Jan. 14, 15, 16) with Dates, Times, Counsel, Links to briefs and COA decision, AND LINK TO Supreme COURT LIVE for oral args

Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law.  Click here.

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 ofbriefs and  COA decision are below!

WEDNESDAY, JANUARY 14, 2009

9:00 a.m. MILLER, ET AL. V. HUTSON (2007-SC-317-DG) 

"Real Property. Caveat Emptor. Summary Judgment. Issues include whether developer-seller, who contracted with another for construction of residence for sale, may be liable to purchaser for construction defects." 
Discretionary Review granted 2/13/2008 
Whitley Circuit Court, Judge Paul Braden 
For Movants: David Ora Smith and Marcia A. Smith 
For Respondent: Darrell L. Saunders

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

       2005CA001049

10:00 a.m. BREATHITT COUNTY BOARD OF EDUCATION V. PRATER (2008-SC-41-DG) 
"Interlocutory Appeals. Sovereign Immunity. Issues include whether interlocutory order denying claim of immunity is immediately appealable and, if so, whether school's provision of a residence on school property to house night watchman is a governmental function." 
Discretionary Review granted 4/16/2008 
Breathitt Circuit Court, Judge Larry Miller 
For Movant: Michael J. Schmitt and Jonathan C. Shaw 
For Respondent: Hershel Branson, Jr.

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

       2007CA000141

11:00 a.m. BRAVO DEVELOPMENT, INC. V. SINGLETON (2007-SC-769-DG) 
"Unlawful Labor Practices. Election of Remedies. Issues include whether pursuit of unpaid wages through the Department of Labor precludes invocation of the court's original jurisdiction to pursue liquidated damages in court pursuant to KRS 337 .385 based on the same underlying unpaid wages claim." 
Discretionary Review granted 4/16/2008 
Campbell Circuit Court, Judge Fred A. Stine V 
For Movant: Philip Douglas Barr, Andrew Christian Smith and Scott A. Carroll
For Respondent: Margo L. Grubbs and Sherrill P. Hondorf

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae

       2006CA002163

THURSDAY, JANUARY 15, 2009

9:00 a.m. COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS V. JOHNSON, ET AL. (2007-SC-678-DG) 
"Board of Claims. Highway Maintenance. Negligence. Issues include whether Department of Highways was entitled to judgment on grounds that it did not owe or did not breach duty of care with respect to roadside tree that motorist crashed into." 
Discretionary Review granted 6/11/2008 Knox Circuit Court, Judge Gregory Allen Lay
For Movant: Andrew Martin Stephens 
For Respondents: Denise Moore Davidson and George Mitchell Mattingly

 

Appellant's Brief

Appellee's Brief

       2006CA001512

10:00 a.m. HUNT V. COMMONWEALTH OF KENTUCKY (2006-SC-634-MR) 
"Death Penalty-Murder, Burglary in the First Degree and Wanton Endangerment in the First Degree." 
Floyd Circuit Court, Judge John David Caudill 
For Movant: Randall L. Wheeler, Shelly R. Fears and Julia Karol Pearson 
For Respondent: Matthew Robert Krygiel

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief
No COA Decision.  Death Penalty Case.

FRIDAY, JANUARY 16, 2009

9:00 a.m. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT V. TDC GROUP, LLC, D/B/A MOLLY MALONE'S, ET AL. (2007-SC-315-DG) AND (CROSS-MOTION) TDC GROUP, LLC, D/B/A MOLLY MALONE'S V. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT, ET AL. (2007-SC-581-DG) 
"Administrative Law. Liquor Licensing. Issues involve (1) the manner of the measurement of the KRS 241 .075 minimum distance of 700 feet between retail liquor drink licensees in cities of the first class or consolidated local governments and (2) whether KRS 241 .075(2) violates the local or special legislation provisions of Ky. Const. §§ 59 and 60." 
Discretionary Review granted 8/15/2007 and 10/24/2007 Franklin Circuit Court, Judge Roger Crittenden 
For Movant/Cross-Respondent (Louisville/Jefferson County Metro Government): David A. Sexton 
For Respondent/Cross-Movant (TDC Group): Kenneth Sidney Handmaker and Kevin Lee Chlarson For Respondent (Alcoholic Beverage Control Board): Henry Joseph Curtis and Matthew Scott Finley 
(Justice Abramson is recused)

Appellant's Brief

Appellee's Brief

Appellee's Brief

Appellant's Reply Brief

       2006CA000068

10:00 a.m. EMBERTON V. GMRI, INC., F/K/A/ GENERAL MILLS RESTAURANTS, INC., D/B/A RED LOBSTER RESTAURANT #349, ET AL. (2007-SC-443-DG) AND (CROSS-MOTION) GMRI, INC., F/K/A/ GENERAL MILLS RESTAURANTS, INC., D/B/A RED LOBSTER RESTAURANT #349, ET AL. V. EMBERTON (2008-SC-109-DG) 
"Personal Injury. Statute of Limitations. Discovery Rule. In lawsuit based upon hepatitis A infection allegedly contracted at Red Lobster restaurant, issues include whether discovery rule tolls one-year statute of limitations." 
Discretionary Review granted 2/13/2008 and 4/16/2008 Warren Circuit Court, Judge Steve Alan Wilson 
For Movant/Cross-Respondent: Stephen L. Hixson and Casey Alan Hixson 
For Respondents/Cross-Movants: Stefan Richard Hughes and Matthew Porter Cook

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Appellee's Reply Brief

       2005CA002355

11:00 A.M. COMMONWEALTH OF KENTUCKY V. NICHOLS (2007-SC-493-DG) 
"Criminal Law. Expert Testimony. Reciprocal Discovery Rule (RCr 7.24). Issue is whether prosecution is entitled to information about defense expert, including identity and summary of proposed testimony, when expert has generated no written report."
Discretionary Review granted 6/11/2008 McCracken Circuit Court, Judge Craig Z. Clymer
For Movant: Heather Michelle Fryman
For Respondent: Emily M. W. Roark

Appellant's Brief

Appellee's Brief

       2006CA001558

COA Arguments for Dec. 17, 2008 at Shepherdsville will include looking at constitutionality of Louisville's smoking ordinance

FRANKFORT, Ky. -- The Kentucky Court of Appeals will hear oral arguments in four cases Wednesday, Dec. 17, in Shepherdsville, including a case appealing a Jefferson County Circuit Court ruling that declared the Louisville Metro smoking ordinance unconstitutional. All proceedings will be open to the public and will take place in Courtroom 301 on the third floor of the Bullitt County Judicial Center at 250 Frank E. Simon Ave.

A three-judge panel consisting of Court of Appeals Judges Joy A. Moore, Jeff S. Taylor and Laurance B. VanMeter will hear oral arguments in Louisville/Jefferson County Metro Government et al. v. Metro Louisville Hospitality Coalition Inc. et al. at 1:30 p.m. The panel will hear oral arguments in two other Jefferson County cases following the smoking ordinance appeal.

A separate three-judge panel consisting of Court of Appeals Judges Michael Caperton, Jeff S. Taylor and Thomas B. Wine will hear the first case of the day – a case on appeal from Knox County – at 11 a.m.
                
A case docket containing summaries of the cases is below. 

SHEPHERDSVILLE DOCKET

Wednesday, Dec. 17, 2008 

11 AM   2008CA000169
             STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v.
             CARLENE SLUSHER

Summary: Civil. State Farm is appealing a judgment entered against it for uninsured motor vehicle coverage benefits, arguing that it should not provide uninsured motorist benefit coverage to an estate due to the exclusive remedy under the Kentucky worker’s compensation statutes. State Farm also argues that there is no underinsured coverage available under the policy.

Knox County judge who ruled in the case – Judge Roderick Messer

Appellant’s attorney: John Vincent

Appellee’s attorney: Samuel Girdner Davies

1:30 PM   2008CA000377
                LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT ET AL. v.
                METRO LOUISVILLE HOSPITALITY COALITION INC. ET AL.

Summary: Civil. Appellants are seeking a review of the trial court’s ruling, which declared the smoking ban ordinance enacted by Louisville/Jefferson Metro Government unconstitutional based on an exemption for facilities licensed and regulated by the Kentucky Horse Racing Authority. Appellants are also seeking a review of whether the trial court erred in ruling that the exemption could not be severed from the remainder of the ordinance.

Jefferson County judge who ruled in the case – Judge Stephen P. Ryan

Appellants’ attorneys: N. Scott Lilly, Eamon Patrick Mulvihill, William P. O’Brien and David A. Sexton

Appellees’ attorneys: C. Michael Hatzell, John R. Wilson and Michael Rollin Wilson

2:15 PM   2007CA002066
                JESSE GARON v. LOUISVILLE AND JEFFERSON COUNTY
                HUMAN RELATIONS COMMISSION ET AL.

Summary: Civil. At issue is whether the Louisville and Jefferson County Human Relations Commission has the authority to settle a matter without the consent of the complaining witness.

Jefferson County judge who ruled in the case – Judge Judith E. McDonald-Burkman

Appellant’s attorney: Elizabeth A. Coleman

Appellees’ attorneys: Mark W. Dobbins, Michael R. Mazzoli, Jeffrey B. Skora and Will J. Walsh IV

3 PM   2008CA000344
           LOIS JACKSON v. MICHAEL MACKIN

Summary: Civil. Issue is whether Circuit Court properly granted appellee’s motion to dismiss based on arbitration clause in contract.

Jefferson County judge who ruled in the case – Judge Kathleen Voor Montano

Appellant’s attorney: James M. Bolus Jr.

Appellee’s attorneys: Glenn Alan Cohen and Cynthia L. Effinger