Kentucky Law Review

SCOKY:SECOND UPDATE: Feed was great today! UPDATE - Arguement will be available on-line thanks to the LBA and the University of Louisville - link is in this story!

UPDATE:  i was able to watch about a third of the arguments on Wednesday.  Today was a good day for the streaming live video from the Supreme Court arguments at the University of Louisville.  I only had a few "hiccups" in the feed but was unsure if that was a browser/media reader problem on my end or a bandwidth issue on the transmission side.  In any event, barely noticeable, but I only caught the second criminal case and the asbestos case.

If you try it on Thursday, please let the rest of us know your findings.

Please share information on software etc. since it will provide VALUABLE USER INPUT TO THE FOLKS AT THE SUPREME COURT IN FINE TUNING THIS TECHNOLOGY.

As for me, today I was on a PC with Windows XP Professional using Windows Media on a DSL line shared with others.  I also had a few "windows" up and running as I tried to be productive.

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The LBA and the University of Louisville have partnered to offer live-streaming video of the Kentucky Supreme Court’s September oral arguments online.  To view the arguments from your computer, go to mms://livestream.louisville.edu/remotelive.

The Court will be hearing arguments in six cases – three each on Wednesday, September 10 and Thursday, September 11 – in the Allen Courtroom at the University of Louisville’s Brandeis School of Law.  For a description and start times of the cases to be argued, visit http://courts.ky.gov/pressreleases/PR09022008A.htm.

The LBA’s Appellate Law Section will also host a group viewing of the arguments in the Attorneys’ Room on the second floor of the Judicial Center both days.

Here is a link to the calendar for the two days, plus information on the reception on Wed. at 5:00 pm at the Louisville Bar Center.  Also note that the Supreme Court will take questions from the audience (students etc) after the Thursday arguments (not not about the current or any pending cases).

• SCOKY ARGUMENTS: September 2008 Supreme Court Arguments to be held at U of L Law School for Sept. 10 and 11; No "Live Webcasting" [updated!! there will be live web  casting].
• SCOKY: Kentucky Supreme Court in Louisville this week at University of Louisville (Sept. 10, 11)

ARGS: "State Supreme Court to look at 'no-retreat' self-defense law"

From Herald Leader; story by Roger Alford on two cases pending before SCOKY to be argued on Sept. 10 at University of Louisville Law School:

State Supreme Court to look at 'no-retreat' self-defense law
By Roger Alford
Associated Press

FRANKFORT — The Kentucky Supreme Court plans to review two cases involving the state's new self-defense law that allows people to shoot dangerous home invaders without fear of prosecution.

The National Rifle Association had championed the measure enacted in 2006, saying it simply codified a rule of law already observed by judges in Kentucky and elsewhere: That people have a right to use deadly force to defend themselves and their families when their lives are in danger.

* * * The Supreme Court is scheduled to hear oral arguments Sept. 10 in appeals of two Jefferson County cases in which defense attorneys claimed their clients acted in self-defense. * * *

Arguments: COA and SCOKY Argument Calendars Available for September 2008

• SCOKY ARGUMENTS: September 2008 Supreme Court Arguments to be held at U of L Law School for Sept. 10 and 11; No "Live Webcasting"
• COA ARGUMENTS: September 2008 Argument Calendar

LBA: LBA to Host Supreme Court Reception on September 10 - CLICK here for more information and need to make your reservation by Sept. 8.

SCOKY: Kentucky School Shooter Michael Carneal case before Kentucky Supreme Court again, Sept. 11 with args to be heard at UofL Law School

Michael Carneal case before Kentucky Supreme Court again.  Arguments set for September 11, 2008 to be held at the University of Louisville's School of Law.  Issues, story follow:

The time and issues are:

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)

The Courier Journal's story is:

Ky. school shooter seeks 2nd chance

LOUISVILLE . A high school shooter who killed three classmates and wounded five others is asking Kentucky's Supreme Court for another chance.

Michael Carneal, now 25, claims he was too mentally ill to plead guilty in 1998 to going into Heath High School in west Paducah and shooting eight students gathered for an informal prayer service. He is serving a sentence of life without a chance of parole for at least 25 years for the shooting Dec. 1, 1997, when he was 14.

Carneal's case is back in the spotlight because last year the Kentucky Court of Appeals sent it back to McCracken County Circuit Court to decide whether he should be granted a new hearing. The ruling said if Carneal is determined to have been incompetent when he pleaded guilty, he should be allowed to enter another plea or go to trial.

Prosecutors appealed, setting up the Kentucky Supreme Court's hearing, scheduled for Sept. 11. The Supreme Court will decide whether Carneal should get a new competency hearing and trial.

ARGS: Kentucky Court of Appeals will hear oral arguments Sept. 3 in London

Kentucky Court of Appeals will hear oral arguments Sept. 3 in London

The public is invited to observe as the Court of Appeals hears oral arguments in one case Sept. 3 in London.

For the complete Court of Appeals calendar for August, then click here.

SCOKY: Supreme Court hears arguments on sovereign immunity defense's applicability to county airport in Comair Crash

The irony in the following post cannot escape the attention of most lawyers as the issue centers on the applicability of sovereign immunity to the Bluegrass Airport over claims of negligence with the fighting between two insurance defense lawyers.  I caught part of these arguements via Supreme Court LIVE webcasting but 2/3's the way through it got tied up and froze in a permanent hiccup on my meager DSL connection.  For what it is worth, I tried to record it to no avail.

Here is a link to my arguments post with the time of the argument and issues, plus links to the briefs filed and available at the Salmon P. Chase School of Law at NKU.

11:00 a.m. COMAIR, INC., ET AL. V. LEXINGTON-FAYETTE URBAN COUNTY AIRPORT CORPORATION, ET AL. (2007-SC-602-TG)
"Challenge to the sovereign immunity of the Airport Defendants."
Fayette Circuit Court, Judge James D. Ishmael, Jr.
For Appellants: Ronald L. Green, Raymond G. smith, Edward H. Stopher and Jeffrey Wayne Adamson
For Appellees: Kevin G. Henry

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Here's the story at the Herald Leader by Stephanie Steitzer:

FRANKFORT, Ky. -- The Kentucky Supreme Court heard arguments yesterday in a case that stems from the Comair crash in Lexington and raises the issue of whether the airline can sue Blue Grass Airport.
Advertisement

With the two-year anniversary of the Aug. 27, 2006, accident two weeks away, only four crash-related cases are pending.

In the one heard yesterday, the justices are being asked to decide whether the airport can be sued for any role it may have played in the crash, which killed 49 of the 50 people aboard.

A Fayette County circuit judge ruled last August that the airport could not be held liable because it is part of the merged Lexington-Fayette County government.

The Kentucky Court of Appeals asked the Supreme Court to hear the appeal of that decision.

If the high court were to rule for Comair, the suit would go back to Fayette Circuit Court for trial on the merits.

The National Transportation Safety Board concluded last year that pilot error was primarily responsible for the accident, which occurred when the crew tried to take off on the wrong runway -- one that was too short.

During yesterday's oral arguments, Comair attorney Ed Stopher said the airport should not be granted sovereign immunity because it is not controlled by state government and doesn't receive the bulk of its funding from state government.

But airport attorney Kevin Henry said those two issues are not relevant to the case. He said only the General Assembly can waive a county or county agency's sovereign immunity, a step that has not been taken in this case.

Henry also argued that opening up county agencies to lawsuits could derail the delivery of essential services to the public.

Both sides laid out details regarding the airport's operations to support their arguments.

Stopher, for example, said fees that the airport charges airlines, concessionaires, passengers and for parking -- rather than state funding -- make up a large share of its $11 million annual budget.

He said that in the year of the crash, the state spent $50 a month to lease a weather station at the airport and gave the airport a $200,000 one-time grant to construct box hangars.

Henry, however, noted that the state budget that took effect last month includes state money for a runway expansion project at the airport. Lawmakers approved $9 million for the expansion this year.

Henry also said federal grants and bond issues -- not fees -- make up the bulk of the airport's funding.

* * *

Reporter Stephenie Steitzer can be reached at (502) 875-5136.

APPELLATE ARGS: SCOKY AND COAKY Oral Arguments tomorrow - Wed. Aug. 13, 2008

Oral arguments are scheduled for Wed., Aug. 13, 2008 for the following.  Please note this is "court week" at SCOKY with arguments  Wed-Fri.

SCOKY

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.

For Minutes as posted by SCOKY, click here.

WEDNESDAY, AUGUST 13, 2008

9:00 a.m. GILBERT V. NATIONWIDE MUTUAL INSURANCE CO. (2007-SC-78-DG)
"Auto Insurance. Property Damage. Claim against the insured's own carrier. If suit has not been filed against an offending tort-feasor within two years of an accident, is an insured barred from making a claim against their own insurer for payment under collision coverage?."
Discretionary Review granted 5/16/2007
Jefferson Circuit Court, Judge Judith E. McDonald-Burkman
For Movant: Charles E. Theiler, II
For Respondent: Gregory L. Smith

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. CANEYVILLE VOLUNTEER FIRE DEPARTMEMT, ET AL. V. GREEN'S MOTORCYCLE SALVAGE, INC., ET AL. (2007-SC-517-DG)
"Sovereign Immunity. Municipal Fire Departments. Issues include whether KRS 75.070 which extends sovereign immunity to municipal and volunteer fire departments and their personnel is nconstitutional."
Discretionary Review granted 10/24/2007
Grayson Circuit Court, Judge Robert A. Miller
For Movants: Gregory N. Stivers, Jason Bell, and Scott Donald Laufenberg
For Respondents: Alton L. Cannon

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae Brief of Kentucky League of Cities

11:00 a.m. COMAIR, INC., ET AL. V. LEXINGTON-FAYETTE URBAN COUNTY AIRPORT CORPORATION, ET AL. (2007-SC-602-TG)
"Challenge to the sovereign immunity of the Airport Defendants."
Fayette Circuit Court, Judge James D. Ishmael, Jr.
For Appellants: Ronald L. Green, Raymond G. smith, Edward H. Stopher and Jeffrey Wayne Adamson
For Appellees: Kevin G. Henry

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

COAKY

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY DATE: Wednesday, August 13, 2008

9:30 AM THOMPSON VANMETER HENRY
JOHN ADAMS ET AL. VS LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT ET AL.
2007CA000066
Appellants appeal unanimous verdict in favor of appellee in racial discrimination action. Appellants argue key witnesses were not allowed to testify, and extensive evidence was excluded, including report by aide to the mayor which admitted discrimination, and city’s admissions in another litigation that manager was engaged in racism. Appellants complain defense argued plaintiffs should not be severed and trial ct agreed. Appellees argued for severance of plaintiffs.Trl Ct. reversed ruling.

10:45 AM THOMPSON VANMETER HENRY
WILLIAM LEGRAND ET AL. VS ROBERT EWBANK ET AL. 2007CA001770 Appellants complain of a ruling by the Board of Adjustments that a sand company had non-conforming use rights to conduct sand and gravel mining operations on all land it owned that was under permit at the time of the comprehensive plan. The sand company argues its right to continue existing mining activities under KRS 100.253(2) and the "diminishing asset" doctrine.

1:15 PM HENRY MOORE THOMPSON
MARY LASSITER VS AMERICAN EXPRESS TRAVEL RELATED SERVICES
COMPANY, INC. ET AL.
2007CA000908
Constitutional Law and Escheats; State Budget Director appeals decision of Franklin Circuit Court declaring unconstitutional Section 39 of HB 380, which temporarily reduced from 15 to 7 years the time outstanding traveler's checks are presumed abandoned.

August 2008 Supreme Court of Kentucky (SCOKY) Oral Arguments for Aug. 13, 14 & 15, 2008

August 2008 Supreme Court of Kentucky (SCOKY) Oral Arguments for Aug. 13, 14 & 15, 2008

COA ARGS: Appeal from former Stanton mayor is among those the Kentucky Court of Appeals will hear Aug. 15 in Flemingsburg

From the AOC: The public is invited to observe as the Kentucky Court of Appeals hears oral arguments in four cases Aug. 15 in Flemingsburg. Click on Appeal from former Stanton mayor is among those the Kentucky Court of Appeals will hear Aug. 15 in Flemingsburg for entire release and details.

SCOKY ARGS: "Cameron Oral Arguments On August 14, 2008"

From Divorce Law Journal is an update on upcoming oral arguments at SCOKY Cameron Oral Arguments On August 14, 2008