May 2008 Supreme Court of Kentucky Oral Arguments (SCOKY) for May 14, 15, 16 posted with links to full text decisions, briefs, etc.
And of course, the public and lawyers are invited to these as well - in Frankfort.
Or catch them at Supreme Court Live as a webcast by clicking here on date and time of argument.
Kentucky Court of Appeals to hear oral arguments May 14 in Prestonsburg
The public is invited to observe as the Kentucky Court of Appeals hears oral arguments in two cases May 14 in Prestonsburg.
See our post at the Kentucky Court Report (http://www.kycases.com ) for
MAY 2008 Court of Appeals Argument Calendar
May 5, 6, 12, 13, 14, 21 and 29, 2008.
May 2008 Supreme Court of Kentucky (SCOKY) Argument Calendar posted at AOC.
Briefs filed at Northern Kentucky University Chase School of Law.
MAY 2008 Court of Appeals Argument Calendar posted at the Kentucky Court Report (and on line at the AOC)
Supreme Court of Kentucky will hear oral arguments in Northern Kentucky April 16-17
All Supreme Court sessions are open to the public.
For the entire argument calandare for the Kentucky Court of Appeals for the month of MARCH 2008, CLICK HERE.
COAKY ARGUMENT CALENDAR - MARCH 2008
COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Monday, March 03, 2008
1:00 PM
JUDGES COMBS DIXON KNOPF
LEILANI CHRISTY CAREY VS DONALD JAYNES ET AL.
2007CA000148
ISSUE: Biological child was disinherited from father's will for failure to meet definitional terms of his will. She contests entry of summary judgment against her.
1:45 PM
JUDGES KNOPF COMBS DIXON
MORRIS MOOR VS LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT
2006CA002232
ISSUE: Appeal from a summary judgment against an employee claiming wrongful termination in violation of the Kentucky Whistleblower Act & KRS 61.102.
2:30 PM
JUDGES: KNOPF COMBS DIXON
DONALD CHRISTY VS COMMONWEALTH OF KENTUCKY 2007CA001304
Appeal from an order denying motion to prohibit enhancement of DUI because the first DUI conviction occurred when appellant was 16 years of age.
LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Tuesday, March 04, 2008
8:45 AM
JUDGES: DIXON CLAYTON WINE
DAVID WHEATLEY, ET AL. VS. JOINT-CITY COUNTY PLANNING COMMISSION OF NELSON COUNTY
2006CA000489
9:15 AM
JUDGES: STUMBO DIXON WINE
PRISCILLA PARKER VS PEDIATRIC ACUTE CARE, P.S.C.
2007CA000548
Appeal from Summary Judge granted in retaliatory discharge and sexually hostile work environment case; sufficiency of evidence to overcome motion for summary judgment granted employer.
12:30 PM
JUGES: CAPERTON LAMBERT THOMPSON
L. P. ET AL. VS CABINET FOR HEALTH AND FAMILY SERVICES ET AL.
2007CA001783
Appeal from denial of grandparents request to intervene in termination proceeding and a request for custody. Advance.
1:15 PM
JUDGES: TAYLOR NICKELL BUCKINGHAM
MARIANNA ASHEY VS CITY OF LAGRANGE ET AL.
2007CA000497
Public Right of way/Abandonment.
2:45 PM
JUDGES VANMETER ACREE KELLER
BRENDA PENNINGTON VS BENNIE JACOBS ET AL.
2007CA000265
LOCATION: WARREN COUNTY JUDICIAL CENTER, CIRCUIT COURTROOM C, 4TH FLOOR, 1001 CENTER STREET, BOWLING GREEN, KENTUCKY
DATE: Wednesday, March 05, 2008
1:00 PM
JUDGES: MOORE WINE BUCKINGHAM
DIANA SMITH VS DENECIA MCCURDY ET AL.
2007CA001239
Whether decedent's estate could bring a wrongful death action rather than a survival action and how damages should have been distributed.
1:45 PM
JUDGES: WINE MOORE BUCKINGHAM
GORDON SETTLOW VS ALICE SETTLOW
2006CA000539
Gordon Settlow appeals from an order requiring him to pay permanent maintenance in the amount of $2,100.00 per month. Alice Settlow cross-appeals arguing that the trial court failed to consider applicable law in awarding an inadequate amount of permanent maintenance.
LOCATION: MONTGOMERY COUNTY CIRCUIT COURTROOM, COURTHOUSE, 1 COURT STREET, MT. STERLING, KENTUCKY
DATE: Thursday, March 13, 2008
9:30 AM
JUDGES: ACREE STUMBO GRAVES
TONY MESSER ET AL. VS MONA ROBINSON
2007CA000977
Civil; Personal Injury: Retail store and store manaager appeal judgment after bench trial awarding approximately $200,000 to Appellee as compensation for psychological injury when detained after unintentionally leaving store with unpaid merchandise.
10:15 AM
JUDGES: STUMBO ACREE GRAVES
JERRY WOLLUM, M.D. ET AL. VS LISA HILLMAN ET AL.
2007CA000376
Appeal from plaintiff’s verdict in medical malpractice case; issues include denial of directed verdict, evidentiary rulings and jury misconduct.
11:00 AM
JUDGES: STUMBO ACREE GRAVES
KENTUCKY ASSOCIATED GENERAL CONTRACTORS SELF-INSURANCE FUND VS MUSIC CONSTRUCTION, INC.
2007CA000699
Appeal from order dismissing action for failure to state a claim. Can workers’ Comp carrier recover payments of safety violation award from insured employer under terms of insurance contract?
LOCATION: ALLEN COURTROOM, BRANDEIS SCHOOL OF LAW, UNIVERSITY OF LOUISVILLE, 2301 SOUTH THIRD STREET, LOUISVILLE, KENTUCKY
DATE: Tuesday, March 18, 2008
1:30 PM
JUDGES: TAYLOR KELLER VANMETER
SHERRY COLEMAN VS RIF EL-MALLAKH, M.D. ET AL.
2006CA002415
Whether circuit court properly dismissed appellant's action under CR 77.02.
2:15 PM TAYLOR KELLER VANMETER
DONALD FIELDS VS COMMONWEALTH OF KENTUCKY
2006CA002612
Whether circuit court properly denied appellant's RCr 11.42 motion and found appellant competent after retrospective competency hearing.
3:00 PM TAYLOR KELLER VANMETER
NANNIE AMBURN ET AL. VS SEAN DELAHANTY ET AL. 2007CA000067
Whether circuit court properly denied petition for writ of mandamus under CR 81.
LOCATION: ALLEN COURTROOM, BRANDEIS SCHOOL OF LAW, UNIVERSITY OF LOUISVILLE, 2301 SOUTH THIRD STREET, LOUISVILLE, KENTUCKY
DATE: Wednesday, March 19, 2008
9:30 AM KELLER TAYLOR GRAVES
PARADISE TOMATO KITCHENS, INC. VS LOUISVILLE-JEFFERSON COUNTY METRO REVENUE COMMISSION ET AL.
2007CA000965
Whether appellant is entitled to tax refund. Issues further include timeliness of refund; whether tax paid voluntarily; and violation of commerce clause.
10:15 AM KELLER TAYLOR VANMETER
LARRY WHITE VS COMMONWEALTH OF KENTUCKY
2006CA002255
Whether prior felony conviction can be used both to create an offense and prosecute as persistant felony offender. Whether prosecutor alluded to matters outside the record.
11:00 AM TAYLOR KELLER VANMETER
W. DUFF, M.D. VS KENTUCKY BOARD OF MEDICAL LICENSURE
2006CA002646
Whether Board properly entered order indefinitely restricting appellant's medical license.
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.
WEDNESDAY, MARCH 12, 2008
9:00 a.m. WORKFORCE DEVELOPMENT CABINET V GAINES
(2005-SC-965-DG)
"Kentucky Whistleblower Act. The issue is whether a state agency is a proper recipient of its employee's whistleblower report under KRS 61.102(1), or whether the report must be made to an investigative or law enforcement authority."
Discretionary Review granted 3/14/2007
Franklin Circuit Court, Judge William L. Graham
For Movant: Stewart Burch
For Respondent: Herbert L. Segal and David O'Brien Suetholz
(Note: Justice Abramson and Justice Noble are not sitting -
Special Justices Stewart E. Conner and David T. Royse sitting)
Briefs filed at Chase College of Law:
COA OPINION: 2004CA001146 http://opinions.kycourts.net/coa/2004-CA-001146.pdf
10:00 a.m. CONSOLIDATED INFRASTRUCTURE MANAGEMENT AUTHORITY, INC. V. ALLEN (2006-SC-188-DG)
AND (CROSS- MOTION) ALLEN V. CONSOLIDATED INFRASTRUCTURE MANAGEMENT AUTHORITY, INC.
(2006-SC-712-DG)
"Limitations. Whistleblower Statute. Issues include whether the
90-day KRS 61.103(2) limitations period governs the remedies provided in KRS 61.990(4)."
Discretionary Review granted 9/13/2006 and 11/15/2006
Logan Circuit Court, Judge Tyler L. Gill
For Movant/Cross-Respondent: Gregory N. Stivers and Scott Donald Laufenberg
For Respondent/Cross-Movant: Michael C. Bratcher and Pamela C. Bratcher
Briefs filed at Chase College of Law:
COA OPINION: http://opinions.kycourts.net/coa/2004-CA-001508.pdf
11:00 a.m. COMMONWEALTH V. MERRIMAN (2006-SC-330-DG) AND (CROSS-MOTION) MERRIMAN V. COMMONWEALTH (2006-SC-690-DG); AND COMMONWEALTH V. HICKMAN (2006-SC-332-DG)
"Juvenile Code. Youthful Offenders. Violent Offenders. Issues include whether a youthful offender who has committed a violent offense, upon being returned to circuit court when reaching age 18, may be considered for probation or conditional discharge pursuant to KRS 640.030(2), or whether the offender is ineligible pursuant to the violent-offender statute, KRS 439.3401."
Discretionary Review granted 9/13/2006 and 10/12/2006
Fayette Circuit Court, Judge Gary D. Payne and Jefferson Circuit Court Judge Martin F. McDonald
For Movant/Cross-Respondent (Commonwealth): William Robert Long, Jr.
For Movant (Commonwealth): Kenneth Wayne Riggs
For Respondent/Cross-Movant (Merriman): Braxton Crenshaw
For Respondent (Hickman): Elizabeth B. McMahon
Briefs filed at Chase College of Law:
COA OPINION: 2005CA000123 http://opinions.kycourts.net/coa/2005-CA-000123.pdf
THURSDAY, MARCH 13, 2008
9:00 a.m. AMERICAN GENERAL HOME EQUITY. INC. V. KESTEL
(2006-SC-830-DG)
"Arbitration. Waiver. Issues include whether a lender, having initiated litigation to collect on a loan and to foreclose on a mortgage securing that loan, waived its right to respond to a counterclaim by seeking to compel arbitration pursuant to the loan documents."
Discretionary Review granted 2/14/2007
Mercer Circuit Court, Judge Darren Peckler
For Movant: Bethany A. Breetz, Matthew W. Breetz, and Clark Philip Case
For Respondent: Katherine Yunker, Katherine S. Sanford, and Oran Shepherd McFarlan, III
(Note: Justice Noble is recused)
Briefs filed at Chase College of Law:
COA OPINION: 2005CA000269 http://opinions.kycourts.net/coa/2005-CA-000269.pdf
10:00 a.m. FIELDS V. COMMONWEALTH OF KENTUCKY (2004-SC-91-MR)
"Intentional Murder and First-degree burglary - Death Sentence."
Floyd Circuit Court, Judge John David Caudill
For Appellant: Thomas M. Ransdell and Emily Holt Rhorer
For Appellee: David A. Smith and Michael A. Nickles
(Note: Justice Scott is recused)
Briefs filed at Chase College of Law:
COA OPINION: None listed at SC site.
FRIDAY, MARCH 14, 2008
9:00 a.m. BIANCHI, ET AL. V. CITY OF HARLAN, ET AL.
(2006-SC-895-DG)
"Eminent Domain. Compensation. Inverse Condemnation . Unity Rule. Where city's condemnation of several tracts allegedly decreased value of several other nearby tracts owned by condemnee, issues include whether "unity rule" required all the tracts to be considered as one for purposes of determining compensation; whether trial court was required to try condemnation and inverse condemnation claims together; and whether condemnee was entitled to file late answer challenging city's right to take."
Discretionary Review granted 8/15/2007 Harlan Circuit Court, Judge Ron Johnson
For Movants: Rodney E. Buttermore, Jr.
For Respondents: Susan C. Lawson
Briefs filed at Chase College of Law:
COA OPINION: 2005CA001019 http://opinions.kycourts.net/coa/2005-CA-001019.pdf
10:00 a.m. SPEES V. KENTUCKY LEGAL AID, ET AL. (2006-SC-506-DG)
"Constitutional Law. Takings. Issues include whether the failure to pay an appointed warning order attorney is an unconstitutional taking."
Discretionary Review granted 2/14/2007
McCracken Circuit Court, Judge Cynthia E. Sanderson
For Movant: Stanley K. Spees
For Respondents: Allison Connelly, Anne Marie Regan, and Natalie Gayle Bash
(Note: Justice Minton is recused)
Briefs filed at Chase College of Law:
COA OPINION: 2005CA000510 http://opinions.kycourts.net/coa/2005-CA-000510.pdf
11:00 A.M. NANNY V. SMITH (2006-SC-833-DG)
"Civil Procedure. Limitations. CR 3. KRS 413.250. At issue is whether an action is commenced within the period of the statute of limitations when the complaint is delivered timely to the circuit court clerk, but summons is not issued by the clerk until after the limitations period has expired.
Discretionary Review granted 3/14/2007
Graves Circuit Court, Judge Timothy C. Stark
For Movant: Daryl Thomas Dixon
For Respondents: Michael D. Moore
Briefs filed at Chase College of Law:
COA OPINION: 2005CA002083 http://opinions.kycourts.net/coa/2005-CA-002083.pdf
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