Kentucky Court Report - SCOKY & COAKY

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

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, THEN 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 (or the link for those "accepted for oral argument.")

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.

WEDNESDAY, JANUARY 13, 2010

9:00 a.m. (THIS ORAL ARGUMENT HAS BEEN CANCELLED) LOUISVILLE GAS AND ELECTRIC COMPANY, ET AL. V. HARDIN & MEADE COUNTY PROPERTY OWNERS FOR CO-LOCATION, ET AL. (2008-SC-348-DG) AND KENTUCKY PUBLIC SERVICE COMMISSION V. HARDIN & MEADE COUNTY PROPERTY OWNERS FOR CO-LOCATION, ET AL. (2008-SC-354-DG) (THIS ORAL ARGUMENT HAS BEEN CANCELLED)
"Public Utilities. Civil Procedure. Issues include requirements for enlargement of ten-day time period for designation of record under KRS 278 .420."
Discretionary Review granted 4/15/2009
Franklin Circuit Court, Judge Thomas D. Wingate
For Movants: Sheryl G. Snyder, Robert M. Watt III, Allyson Kay Sturgeon, Griffin Terry Sumner, John Gregory Cornett and David T. Royse
For Respondents: W. Henry Graddy IV, Robert Withers Griffith, Randal Alan Strobo, Helen C. Helton, Gerald Edward Wuetcher, Richard W. Bertelson III and David Shawn Samford

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Appellant's Brief

Appellant's Reply Brief

Appellee's Brief

10:00 a.m. BUCK V. COMMONWEALTH OF KENTUCKY (2008-SC-896-DG)
"Criminal Law. Ex Post Facto. The issue is whether the 2006 Amendments to the Sex Offender Registration Act violate Ex Post Facto provisions of the United States and Kentucky Constitution."
Discretionary Review granted 2/11/2009
Campbell Circuit Court, Judge Fred A. Stine V
For Movant: Samuel N. Potter
For Respondent: James Coleman Shackelford

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. SAJKO V. JEFFERSON COUNTY BOARD OF EDUCATION, ET AL.
(2009-SC-21-DG)
"Termination of a teacher."
Discretionary Review granted 4/15/2009
Jefferson Circuit Court, Judge William Douglas Kemper
For Movant: Jeffrey Scott Walther and William Scott Hunt
For Respondents: Byron Edward Leet, Lisa Catherine Dejaco and Sara Christine Veeneman

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

 

THURSDAY, JANUARY 14, 2010

9:00 a.m. LIKINS V. KINSER, ET AL. (2008-SC-907-DG)
"Summary Judgment. Disability Discrimination. Whether an employer perceives an employee has a disability is a question of fact for the jury or is the proper subject of summary judgment."
Discretionary Review granted 3/11/2009
Oldham Circuit Court, Judge Karen A. Conrad
For Movant: Thomas E. Clay and Garry Richard Adams, Jr.
For Respondents: Robert Thomas Watson and Christopher Gadansky

Appellant's Brief

Appellee's Brief

10:00 a.m. SAXTON V. COMMONWEALTH OF KENTUCKY (2008-SC-899-DG)
"Criminal Law. Trafficking in a Controlled Substance within 1,000 Yards of a School. Culpable Mental State. Entrapment. Issues include whether conviction under KRS 218A.1411 requires proof that defendant knew drug transaction was occurring within 1,000 yards of a school; and whether conviction reflected palpable error and manifest injustice because police informants designated location of transaction, although issue of entrapment was not raised at trial."
Discretionary Review granted 5/13/2009
Graves Circuit Court, Judge Timothy C. Stark
For Movant: Jamesa J. Drake
For Respondent: David Wayne Barr

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. COMMONWEALTH OF KENTUCKY V. REINHOLD, D/B/A AMERICAN EVANGELISTIC ASSOCIATION, ET AL. (2008-SC-839-DG)
"Insurance. Does the 'Medi-Share' plan constitute 'insurance' as defined by KRS 304.1-030 and, if so, is it exempt as a KRS 304.1-120(7) 'religious publication'?"
Discretionary Review granted 3/11/2009
Franklin Circuit Court, Judge Thomas D. Wingate
For Movant: Stephan L. Taylor
For Respondents: Brent L. Caldwell and Richard Lynn Masters

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae Brief

 

FRIDAY, JANUARY 15, 2010

9:00 a.m. FOX V. GRAYSON, IN HIS OFFICIAL CAPACITY AS SECRETARY OF STATE OF THE COMMONWEALTH OF KENTUCKY, ET AL.
(2009-SC-66-TG)
"Declaration of the law-confirmation of appointment to membership on the Council on Postsecondary Education."
Franklin Circuit Court, Judge Thomas D. Wingate
For Movant: Paul Emmanuel Salamanca
For Respondents: Angela C. Evans, Ellen M. Hesen, Edmund Scott Sauer and Dennis Lee Taulbee

Appellant's Brief

Appellee's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. COMMONWEALTH OF KENTUCKY V. LAKE (2008-SC-129-DG) AND (CROSS-MOTION) LAKE V. COMMONWEALTH OF KENTUCKY
(2008-SC-876-DG)
"Juvenile Code. Youthful Offenders. RCr 11.42. Issues include whether juvenile charged with murder effectively waived preliminary transfer hearing in district court before being transferred to circuit court for indictment and trial as an adult under KRS 640.010; and whether offender is entitled to relief on allegations that trial counsel was ineffective and that witness committed perjury at trial ."
Discretionary Review granted 11/19/2008 and 1/14/2009
Knox Circuit Court, Judge Roderick Messer
For Movant/Cross-Respondent: Gregory C. Fuchs
For Respondent/Cross Movant: Mary Gail Robinson

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Appellant's Reply Brief

11:00 a.m. CSX TRANSPORTATION, INC., V. BEGLEY (2008-SC-643-DG) AND
CSX TRANSPORTATION, INC., V. MOODY (2007-SC-548-DG) AND (CROSS-MOTION) MOODY V. CSX TRANSPORTATION, INC.
(2009-SC-48-DG)
"Federal Employers' Liability Act. Jury Instructions. Issues include whether defendant employer in FELA action was entitled to have jury instructed on proximate cause; foreseeability; non-taxability of damage award; and discounting award for future pain and suffering to present value."
AND
Personal Injury. Exposure to Toxic Substances. Evidence. Instructions. Issues involve the propriety of (1) admission of a study of similar injuries experienced by other workers exposed to the same substance and (2) refusal to give various substantive FELA instructions. Additional issues raised on cross-motion involve the timeliness of the appeal and the sufficiency of the evidence to support the award for future medical expenses.
Discretionary Review granted 1/14/2009 and 2/11/2009
Perry Circuit Court, Judge William Engle III and
Jefferson Circuit Court, Judge Thomas McDonald
For Movants/Cross-Respondent: James E. Cleveland III, James Wade Turner, Alexander C. Ward, Raymond G. Smith, Edward H. Stopher and David T. Klapheke.
For Respondents/Cross-Movant: Alva A. Hollon, Jr., Thomas Ira Eckert, John Oaks Hollon, Kenneth L. Sales, Joseph Donald Satterley and Paul Jason Kelley

Appellant's Brief

Appellant's Reply Brief

Appellee's Brief

Amicus Curiae Brief

COA Argument Calendar for January 2009

Click HERE for this month's oral argument calendar at Court of Appeals.

Dates are Jan. 13, 21, and 25, 2010.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE:    Wednesday, January 13, 2010

10:00
BRENDA SHELL v DAVID A. HAGGARD
Appeal and cross-appeal from a jury verdict and judgment of the Fayette Circuit Court finding no liability in a personal injury action. Appellant argues that the circuit court erred by not permitting a “negligence per se” jury instruction and by excluding certain evidence. Appellee seeks to affirm the judgment but argues on cross-appeal that he was entitled to a directed verdict.

10:45
STANFORD HEALTH & REHABILITATION CENTER v LUCILLE BROCK
Interlocutory appeal from an order of the Lincoln Circuit Court denying Appellant’s motion to compel arbitration in a nursing home negligence action. The circuit court concluded that the arbitration agreement in question was unenforceable because it was: (1) unconscionable; and (2) not executed by the applicable party or anyone authorized to act on his behalf.

11:30
SOLHEIM ROOFING, INC. v GRANGE MUTUAL CASUALTY COMPANY
Appeal from the Franklin Circuit Court’s entry of summary judgment against Appellant in an underinsured motorist (UIM) benefits insurance case. At issue is: (1) whether Appellant waived her right to receive UIM benefits by signing a general liability release issued to the underlying tortfeasor; and (2) whether Appellant met the requirements for coverage under the UIM policy.

1:30
ERNEST ABNEY v KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY
MOR appeal from grant of summary judgment in suit claiming release settling an automobile accident claim was improperly obtained. Issue is whether trial court erred in holding that there was no issue of fact about whether claims’ adjuster falsely or recklessly stated that release was to one potential tortfeasor but not as to others. Additional claims include that insurance company negligently trained adjuster.

JAN. 21, 2010

1:45
CHARLES E. SMITH v COMMONWEALTH OF KENTUCKY
2008-CA-001340 – whether appellant was deprived of a jury representing a fair cross section of the community; whether circuit court erred by admitting certain statements into evidence; whether circuit court erred in its jury instructions; 2008-CA-001374 – whether appellant was deprived of a jury representing a fair cross section of the community; whether trial court erred by allowing trial to continue with 11 jurors; whether jury was incorrectly instructed on complicity.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY

DATE:    Monday, January 25, 2010

10:30
EDWARD JOSEPH MITCHELL III v COMMONWEALTH OF KENTUCKY
A father and son appeal the circuit court’s denial of their RCr 11.42 petitions for ineffective assistance of counsel. The Appellants argue that there existed an actual conflict of interest and that the absence of compliance with RCr 8.30 regarding dual representation constituted palpable error.

11:15
KENTUCKY FARM BUREAU INSURANCE v JOYCE & SONS INC.
Appellant appeals from summary judgment and argues that its personal property damages claim and its real property damages claim were improperly dismissed.

1:30
JESSE GARDNER v VISION MINING, INC.
Workers’ Compensation appeal – issue is constitutionality of KRS 342.216 and whether that statute violates equal protection rights of coal miners (miners injured by exposure to coal dust versus workers exposed to other particulates).

SCOKY Oral Arguments for December 9, 10 and 11, 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 (or the link for those "accepted for oral argument.")

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.

WEDNESDAY, DECEMBER 9, 2009

9:00 a.m. MILLER V. ADMINISTRATIVE OFFICE OF THE COURTS (2007-SC-609-TG)

"Res judicata. Termination from employment."

Transfer granted 8/21/2008
Jefferson Circuit Court, Judge Karen A. Conrad
For Appellant: Thomas E. Clay
For Appellee: Cynthia Blevins Doll and Lisa Catherine Dejaco
Note: Chief Justice Minton, Justice Abramson and Justice Venters are recused. Special Justices William T. Cain and John T. McGarvey sitting.
(Rescheduled from August 19, 2009)

10:00 a.m. CHIPMAN V. COMMONWEALTH OF KENTUCKY (2008-SC-895-DG)

"Juvenile Law. Sentencing. Indictments. This case presents two issues: (1) Must the trial court always sentence youthful offenders as adults where the district court automatically transferred the minor because of a "use of a gun" allegation; and (2) What role do the findings of the Grand Jury in the indictment or some other source determine the basis for transfer?"

Discretionary Review granted 2/11/2009
Kenton Circuit Court, Judge Gregory M. Bartlett
For Movant: Timothy G. Arnold
For Respondent: Gregory C. Fuchs and Todd Dryden Ferguson

11:00 a.m. FLUKE CORPORATION V. LEMASTER, ET AL. (2008-SC-530-DG)

"Statute of Limitations. Equitable Tolling. Issues include whether failure to report product safety concerns to federal regulatory agency estops defendant from invoking statute of limitations defense to a claim for injuries caused by the product."

Discretionary Review granted 1/14/2009
Perry Circuit Court, Judge William Engle III
For Movant: Richard H. C. Clay and Jill F. Endicott
For Respondents: Mitchell Delbert Kinner, Robert Joseph Patton and Anthony David Blankenship

 

THURSDAY, DECEMBER 10, 2009

9:00 a.m. MARY LASSITER, IN HER OFFICIAL CAPACITY AS STATE BUDGET DIRECTOR V. AMERICAN EXPRESS TRAVEL RELATED SERVICES CO., INC., ET AL. (2008-SC-904-DG)

"Appellate Procedure. Is listing a party in the Notice of Appeal's caption but including language in the Notice of Appeal's body specifically excluding the party "as one against whom the appeal is taken" substantial compliance under CR 73.03 . Is naming an official's department in the Notice of Appeal's caption sufficient to confer jurisdiction over the official in his official capacity?"

Discretionary Review granted 3/11/2009
Franklin Circuit Court, Judge Thomas D. Wingate
For Movant: M. Holliday Hopkins, Sheryl G. Snyder, Griffin Terry Sumner, and Jason Patrick Renzelmann
For Respondents: Walter L. Sales, Paul C. Harnice, Timothy Joseph Eifler, Byron Riggs Lewis, and Kathryn V. Eberle

10:00 a.m. COCHRAN V. COMMONWEALTH OF KENTUCKY (2008-SC-095-DG)

"Criminal Law. Maternal Health Act. Prenatal Conduct/Postnatal Injury. The primary issue concerns whether the offense of wanton endangerment may extend to a pregnant woman who ingests drugs during pregnancy, which results in postnatal injury."

Discretionary Review granted 8/13/2008
Casey Circuit Court, Judge James G. Weddle
For Movant: Jamesa J. Drake
For Respondent: James Coleman Shackelford

11:00 a.m. HENSON, ET AL. V. KLEIN (2007-SC-795-DG) AND (CROSS MOTION) KLEIN V. HENSON, ET AL. (2008-SC-204-DG)

"Collision between two personal water crafts-Instruction on the sudden emergency doctrine."

Discretionary Review granted 3/12/2008 and 4/16/2008
Jefferson Circuit Court, Judge Barry Willett
For Movants/Cross-Respondents: Brian Edward Clare and Judson Fuller Devlin
For Respondent/Cross Movant: Peter J. Sewell and Derek Patrick O-Bryan

 

FRIDAY, DECEMBER 11, 2009

9:00 a.m. THRASHER, ETC., ET AL. V. DURHAM, ET AL. (2008-SC-809-DG)

"Evidence. Admissibility and Authentication of Documents. Issues include whether documents produced during discovery are deemed authenticated by virtue of their production or whether additional authentication is required where documents were part of the file compiled by the defendant's former attorney in a prior lawsuit."

Discretionary Review granted 4/15/2009
Clinton Circuit Court, Judge Eddie Lovelace
For Movants: Robert E. Reeves
For Respondents: Robert S. Walker III

10:00 a.m. WINSTEAD V. COMMONWEALTH OF KENTUCKY (2007-SC-829-MR) AND (2008-SC-446-TG)

"Murder, first-degree robbery-Life without parole for a minimum period of 25 years and 20 years."

Hopkins Circuit Court, Judge James Claud Brantley
For Appellant: Marc A. Wells
For Appellee: Jeffrey Allan Cross

11:00 a.m. THE KROGER COMPANY D/B/A COUNTRY OVEN BAKERY V. BUCKLEY (2008-SC-415-DG)

"Intentional Infliction of Emotional Distress. Disability Discrimination. Law of the Case doctrine. The issue is whether an appellate court can resurrect a claim dismissed as pre-empted by a previous panel of the appellate court in light of the 'law of the case' doctrine ."

Discretionary Review granted 4/15/2009
Warren Circuit Court, Judge Steve Alan Wilson
For Movant: Brent Robert Baughman and Melissa Norman Bork
For Respondent: Lee Huddleston
Note: Justice Schroder is recused.

COA Argument Calendar for December 2009

COA Argument Calendar for December 2009 (click here for detailed calendar)

Dates:  Dec. 15 and 16, 2009

LOCATION: FAYETTE COUNTY CIRCUIT COURT, COURTROOM I, 4TH FLOOR,
120 NORTH LIMESTONE, LEXINGTON, KENTUCKY

DATE: Tuesday, December 15, 2009

01:00 PM
NELLIE ELLISON v KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY

Civil; Insurance: Whether trial court properly refused to allow jury to decide whether to award plaintiff future medical costs as part of damages; whether dismissal of co-defendant was proper; whether incident giving rise to cause of action was covered by insurance.

01:45 PM
BOON EDAM. INC. v EVELYN SAUNDERS

Product liability; expert testimony; defective condition unreasonably dangerous; directed verdict; pain and suffering.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,

DATE: Tuesday, December 15, 2009

03:00 PM
S. M. v CABINET FOR HEALTH AND FAMILY SERVICES

Appellant challenges Family Court determination that a child was abused or neglected after having been entrusted to an “appropriate” relative by an unavailable parent. Appellant alleges total lack of evidence to sustain the finding.

03:45 PM
DEAN CVITKOVIC v Dr DANIEL FREEMAN

Whether circuit court erred by granting summary judgment and dismissing appellants’ claims for violation of the Whistleblower Act, the Ky. Constitution and KRS 344.040.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY

DATE: Wednesday, December 16, 2009

01:00 PM
JOHN WESLEY BRETT v MEDIA GENERAL OPERATIONS, INC.

Appeal from a summary judgment in favor of employer in a wrongful termination etc. case where employee argues there are issues of material fact. Appeal is also taken from an order approving appellee’s bill of costs.

01:45 PM
WOMBLES CHARTERS, INC. v JONATHAN GAY

Appeal from a summary judgment on a claim of intentional interference with contract and abuse of process by executing on a judgment debtor’s collateral in which judgment debtor allegedly had no equity. Appellant argues that issues of material fact exist.

02:30 PM
JANE KINCAID v JOHNSON, TRUE & GUARNIERI, LLP

Motion to dismiss one or both appeals pending; appeal involves contested attorney fees from the management of various trusts.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,

DATE: Wednesday, December 16, 2009

10:00 AM
CHRISTINA M. FREITAG v BLACK DIAMOND TERMITE & PEST CONTROL

Whether circuit court properly rendered summary judgment dismissing breach of contract action. 2008-CA-001770 – Whether appellant’s direct appeal was timely filed.

10:45 AM
HARVEST HOMEBUILDERS LLC v COMMONWEALTH BANK AND TRUST COMPANY

Whether circuit court properly rendered judgment for deficiency in foreclosure action.

11:30 AM
JUAN L. HUNT v COMMONWEALTH OF KENTUCKY

Whether KRS 532.055 is unconstitutional.

COA Argument Calendar for November 2009 - Dates; Nov. 2, 4 & 5, 2009

I apologize for not posting the COA argument calendar in a timely fashion.  For archival purposes and a general sense of completeness, here it is.

COA Argument Calendar for October 2009 - Dates; Nov. 2, 4 & 5, 2009

SCOKY Oral Arguments for November 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

COA Argument Calendar for October 2009 - Dates; Oct 5, 7, 8, 15 and 20, 2009

Here is a shortened version of this month's COA Argument calendar.  Click here for the entire PDF calendar with dates, times, locations, case numbers, lower court, appellate and trial judges, etc.

Note if there is a name after the time, then that is the presiding judge on the case (the one who usually writes the opinions).

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE

COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Monday, October 5, 2009

01:00 PM
GARY EUGENE MONEY v RENEE MONEY
This appeal arises from a Taylor Circuit Court dissolution of marriage. On appeal, the husband alleges that the trial court erred by assigning him a post-settlement undisclosed marital debt. On cross appeal,the wife argues that the settlement agreement was unconscionable.

01:45 PM
AIMEE WILLIAMS v TIMOTHY BITTEL
Aimee and Matt Williams appeal from Daviess Circuit Court Judgment denying their request for a modification of custody following an adoption.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Wednesday, October 7, 2009

09:15 AM ACREE, HON. GLENN E.
J. S. v COMMONWEALTH OF KENTUCKY
Juvenile; Delinquency: Whether removing child from home was in accordance with Kentucky Juvenile Code.

09:15 AM ACREE, HON. GLENN E.
J. S. v COMMONWEALTH OF KENTUCKY
Juvenile; Delinquency: Whether removing child from home was in accordance with Kentucky Juvenile Code.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Thursday, October 8, 2009

10:45 AM HENRY, HON. MICHAEL L.
MICHAEL HUDSON v CSX TRANSPORTATION, INC.
Appeal from a jury verdict and judgment of the Jefferson Circuit Court in favor of CSX in a lawsuit brought under the Federal Employer’s Liability Act. Hudson argues that the court erred by excluding evidence relating to his exposure to the solvent trichloroethylene during his employment with CSX.

11:30 AM HENRY, HON. MICHAEL L.
INTER-TEL, INC. v LINN STATION PROPERTIES, LLC
Appeal from the Jefferson Circuit Court’s entry of summary judgment in favor of Linn Station. The judgment allowed Linn Station to pierce Appellants’ corporate veil and to establish their liability for payment of Linn Station’s default judgment against another corporation.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Thursday, October 15, 2009

10:45 AM WINE, HON. THOMAS B.
RANDY STONE v COMMONWEALTH OF KENTUCKY
Stone appeals from a conviction for 1stº unlawful transaction w/ a minor. Sufficiency of the evidence; denial of mistrial based on prosecutorial misconduct and errors in reading instructions; exclusion of impossibility as a defense; denial of instructions on lesser included offenses and entrapment; limitation on defense closing argument.

LOCATION: LEWIS COUNTY JUSTICE CENTER, CIRCUIT COURTROOM, THIRD
FLOOR, 94 SECOND STREET, VANCEBURG, KENTUCKY
DATE: Tuesday, October 20, 2009

10:30 AM KELLER, HON. MICHELLE M.
CUMBERLAND RIVER REG.MENTAL HLTH.MENTAL RETARDATION BD.,INC. v MICHAEL SHELIGA
This case arises from conduct by Cumberland River’s employees that led to Sheliga’s involuntary admission to the mental ward at Appalachian Regional Hospital. Cumberland River appeals from a jury verdict and judgment in favor of Sheliga. Cumberland argues number errors occurred regarding the admission/exclusion of evidence; the court submitted faulty instructions to the jury; and the court erred when it denied Cumberland River’s motions for summary judgment and a directed verdict.

11:15 AM
TAYLOR, HON. JEFF S.
MICHAEL WAYNE ASHLEY v COMMONWEALTH OF KENTUCKY
Whether trial court improperly admitted certain evidence at trial.

01:45 PM TAYLOR, HON. JEFF S.
APPALACHIAN REGIONAL HEALTHCARE, INC. v RAY TYLER VANHUSS
Whether circuit court erred by excluding evidence; whether damages were excessive.

02:30 PM TAYLOR, HON. JEFF S.
DEAN CVITKOVIC v Dr DANIEL FREEMAN
Whether circuit court erred by granting summary judgment and dismissing appellants’ claims for violation of the Whistleblower Act, the Ky. Constitution and KRS 344.040.

SCOKY Oral Arguments for September 23, 24, 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 ofbriefs and  COA decision are below!  The actual calendars are on line at AOC - Click here.

WEDNESDAY, SEPTEMBER 23, 2009

9:00 a.m. PETZOLD, ET AL. V. KESSLER HOMES, INC. (2008-SC-106-DG)
"CR 60.02. Motion for relief from final judgment. Retroactive disqualification of a judge."
Discretionary Review granted 10/15/2008
Fayette Circuit Court, Judge Pamela Goodwine
For Movants: William W. Allen and Lori Beth Shelburne
For Respondent: Albert F. Grasch, Jr.
(Rescheduled from May 14, 2009)

2006CA001127

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES V. A. C. MCKAY CHAUVIN, JUDGE, ET AL.
(2008-SC-509-MR)
"Disclosure in civil actions of prescription drug history, contained in KASPER records."
Jefferson Circuit Court, Judge A. C. McKay Chauvin
For Appellant: Ronald W. Crawford
For Appellees: William Philip Koehler III and Kenneth P. O'Brien

2008CA000027

Appellant's Brief

Appellee's Brief

Amicus Curiae Brief

Amicus Curiae Brief

11:00 a.m. WINDSOR V. COMMONWEALTH OF KENTUCKY
(2008-SC-383-MR)
"Two Death Sentences-guilty plea to murder, theft and violation of a protective order."
Jefferson Circuit Court, Judge Martin F. McDonald
For Appellant: James David Niehaus
For Appellee: David A. Smith and James Hays Lawson

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

THURSDAY, SEPTEMBER 24, 2009

9:00 a.m. KIRBY V. COMMONWEALTH OF KENTUCKY (2007-SC-833-DG)
"Criminal Law. Violent Offenders. KRS 439.3401. KRS 533.060. At issue is application of the domestic violence exemption from violent offender parole eligibility restrictions for a son who killed a cousin who had attacked his mother."
Discretionary Review granted 10/15/2008
Laurel Circuit Court, Judge Lewis B. Hopper
For Movant: Joseph Brandon Pigg
For Respondent: Kenneth Wayne Riggs
(Note: Chief Justice Minton is recused.)

2005CA002485

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. KING V. COMMONWEALTH OF KENTUCKY (2008-SC-274-DG)
"Criminal Law. Search and Seizure. Issues include the validity of a search conducted pursuant to a mistaken belief that a fleeing suspect had entered the apartment."
Discretionary Review granted 12/10/2008
Fayette Circuit Court, Judge James D. Ishmael, Jr.
For Movant: Jamesa J. Drake
For Respondent: Joshua D. Farley

2006CA002033

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. UNIVERSITY OF THE CUMBERLANDS V. REV. ALBERT M. PENNYBACKER, ET AL. (2008-SC-253-TG) AND  VERNIE MCGAHA, SENATOR, IN HIS OFFICIAL CAPACITY AS A MEMBER OF THE KENTUCKY GENERAL ASSEMBLY, ET AL. V. UNIVERSITY OF THE CUMBERLANDS, ET AL. (2008-SC-285-TG)
"Constitutionality of appropriation of public funds to the University of the Cumberlands for construction of a pharmacy building."
Franklin Circuit Court, Judge Roger Crittenden
For University of the Cumberlands: Mark Richard Overstreet, James Dee Jordan and Gregory S. Baylor
For Rev. Pennybacker, etc.: David B. Tachau
For Kentucky General Assembly: Bryan Howard Beauman

2008CA000643

Appellant's Brief

Appellant's Brief

Appellee's Brief

Appellee's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae Brief

Amicus Curiae Brief

Amicus Curiae Brief

Amicus Curiae Brief

FRIDAY, SEPTEMBER 25, 2009

NO ORAL ARGUMENTS

Crimes - trial court erred in deny motion for judgment of acquital, intent to defraud etc.: Williams v. Commonwealth (COA 5/22/2009)

Williams v. Commonwealth
2008-CA-000567
05/22/2009
2009 WL 1424040
Opinion by Chief Judge Combs; Judge Acree concurred; Senior Judge Buckingham concurred in part and dissented in part by separate opinion.

The Court reversed appellant’s conviction and sentence entered subsequent to jury verdict finding him guilty of possession of a forged instrument.

The Court held that the trial court erred in denying appellant’s motion for a judgment of acquittal, as the Commonwealth failed to prove both appellant’s intent to defraud, deceive or injure another and that the written instrument was capable of deception, as required by KRS 516.050 and KRS 516.010. The instrument to which the charge pertained had been torn and discarded; it was one-sided, printed on ordinary, white printer paper; it had not been cut out of the sheet of paper on which it was printed; and the reverse side of the paper bore a photograph of a child’s face. Further, the circumstantial evidence could have proved innocence as well as guilt and could have applied equally to appellant’s roommate. In addition, the Commonwealth acknowledged that the evidence did not prove the elements of the crime beyond a reasonable doubt. The Court also held that the issue was moot as to whether the trial court should have granted a motion for judgment of acquittal upon two charges on which the jury failed to reach a verdict. The trial court accepted the blank form without declaring a mistrial. Therefore, as a matter of law appellant was effectively acquitted of the charges.

COA Argument Calendar for September 2009

Here is a shortened version of this month's COA Argument calendar.  Click here for the entire PDF calendar with dates, times, locations, case numbers, lower court, appellate and trial judges, etc.

Note if there is a name after the time, then that is the presiding judge on the case (the one who usually writes the opinions).

Dates are September 2, 10, 15, 16, 23 and 29, 2009. "MOR" is an appeal as a "matter of right".

LOCATION: LARUE COUNTY COURTHOUSE, CIRCUIT COURTROOM,
209 WEST HIGH STREET, 2ND FLOOR, HODGENVILLE, KENTUCKY

DATE:    Wednesday, September 2, 2009

01:30 PM
GEORGE W. CAMPBELL v GINGER C. CAMPBELL
Whether circuit court properly divided marital debts and property; whether circuit court properly awarded maintenance; whether circuit court erred by not awarding prejudgment interest.

LOCATION: MONTGOMERY COUNTY CIRCUIT COURTROOM, COURTHOUSE,
ONE COURT STREET, MT. STERLING, KENTUCKY

DATE: Thursday, September 10, 2009

01:00 PM
JERRY CALHOUN v VIVIAN KEITH SELLERS
Discretionary review granted from Circuit Court affirmation of District court finding that father of
deceased children had no right to recover from children’s estates upon application of KRS 391.033 and
411.137, (Mandy Jo’s Law). Issues are whether court properly applied Kimbler v. Arms, 102 S.W. 3dd
517 (2003).

01:45 PM
TANYA A CHILDERS v SANDRA F. GEILE
MOR appeal from grant of summary judgment on claim of outrageous conduct. Issues are whether
outrage is available as remedy when other tort recoveries are possible as a matter of law and whether an
issue of material fact is presented.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY

DATE: Tuesday, September 15, 2009

2:15 pm
PATRICK O'CONNER v COMMONWEALTH OF KENTUCKY
Conviction for three counts of criminal abuse; appellant raises evidentiary challenges as preservation
problems and violations of the exclusionary rule.

3:00 pm
WYNNE L. CREEKMORE Jr v GREGORY L. DAVIS
This appeal relates to priority of liens on real estate, a related appeal in family court, and whether the
circuit court has in rem jurisdiction over a foreclosure or the family court in personam has jurisdiction
over the parties and their real estate.

3:45 pm
JULIA MARTIN THORPE v COMMONWEALTH OF KENTUCKY
Conviction for obtaining a controlled substance fraudulently and for being PFO II. Appellant challenges
admission of overly prejudicial evidence, Brady violations, and conflicts allegedly requiring recusal of the
prosecutor.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY

DATE: Wednesday, September 16, 2009

10:45 am
CHRISTOPHER TUCKER v COMMONWEALTH OF KENTUCKY
Appeal from a Washington Circuit Court judgment and sentence following the revocation of class D
felony pretrial diversion.

11:30 am
RYAN JONES v COMMONWEALTH OF KENTUCKY
Appellant appeals from an order revoking his probation and argues that the trial court should have
granted him limited immunity so that he could testify at the revocation hearing without fear of
incrimination relating to pending felony charges.

12:15 pm
HIGHLANDS HOSPITAL CORPORATION v JESSICA PREECE
Appellant, Highlands Hospital, appeals from the jury verdict awarding lost wages in the sum of $70,000
and finding that the hospital violated the Family Medical Leave Act when terminating their employee.

1:00 pm
THOMAS J. SCHULTZ v GENERAL ELECTRIC HEALTHCARE FINANCIAL SERVICES, INC.
MOR appeal from grant of Judgment on the Pleadings per CR 12.03. Issues include whether judgment
properly granted in action brought to pierce the corporate veil; whether pleading affirmative defenses
sufficient to negate essential element of action, and; whether failure of Appellant to obtain personal
guarantee is sufficient defense.

LOCATION: ALLEN COURTROOM, BRANDEIS SCHOOL OF LAW, UNIVERSITY OF
LOUISVILLE, 2301 SOUTH THIRD STREET, LOUISVILLE, KENTUCKY

DATE: Wednesday, September 23, 2009

10:30 am
STEVEN H. KEENEY v BRENDA C. OSBORNE
A legal malpractice case wherein appellee recovered $5.1 million which according to appellee are
prohibited by Kentucky law.

FYI - attorneys involved in this appeal include: Appellants -   BESHEAR, ANDREW; BREETZ, MATTHEW; SNYDER, SHERYL ;SUMNER, GRIFFIN ----  Appellee Atty: BALLANTINE, DOUGLAS; WHEELER, AMY; SITLINGER, LEE.  However, the listing is alphabetical and any could argue.

and Steven Keeney was the attorney who was the subject in the book "Death Benefit: A Lawyer Uncovers a 20-year Pattern of Seduction, Arson and Murder."

11:30 am
ROBERT LEE MEDLEY v JEWISH HOSPITAL, INC.
This is an appeal from a defense verdict, raising a number of issues of error, including jury instructions,
directed verdict, evidentiary issues and other issues raised at trial. Appellee Jewish Hospital cross
appeals arguing it was entitled to a directed verdict. Appellee Brey cross appeals arguing she should
have been dismissed under the statute of limitations.

LOCATION: CHASE LAW SCHOOL, MOOT COURTROOM, NUNN HALL 420, NUNN
DRIVE, HIGHLAND HEIGHTS, KENTUCKY

DATE: Tuesday, September 29, 2009

10:30 am
SANDRA C. BROOKS v LEXINGTON-FAYETTE URBAN COUNTY HOUSING AUTHORITY
Whether Housing Authority is immune from non-wage garnishment under KRS 426.010 due to “law of
the case doctrine”; whether Authority was entitled to recover expenses from Brooks for successfully
opposing garnishment; whether trial court erred in rejecting Brooks’ request for attorney’s fees?

11:15 am
PROTECTION CABINET
Labor Cabinet charged Teco with categorizing skilled laborers as laborers and underpaying them on
public works jobs. Teco challenged the constitutionality of various provisions of KRS 337 and lost. Teco
appeals from a circuit court judgment finding KRS 337 constitutional and awarding approximately
$63,000 in wages to the employees and fining Teco $9,000.