Kentucky Court Report - SCOKY & COAKY

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

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

THURSDAY, AUGUST 14, 2008

9:00 a.m. PENNINGTON V. COMMONWEALTH OF KENTUCKY (2006-SC-861-DG)
"Criminal Law. Search and Seizure. At issue is the propriety of a weapons frisk at the conclusion of a traffic stop."
Discretionary Review granted 8/15/2007
McCracken Circuit Court, Judge R. Jeffrey Hines
For Movant: Erin Hoffman Yang
For Respondent: Courtney J. Hightower
(Note: Justice Abramson is recused)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. STRANGE V. COMMONWEALTH OF KENTUCKY (2007-SC-328-DG)
"Criminal Law. Search and Seizure. Investigatory Stops. Issues include whether evidence seized from defendant's person without a warrant must be suppressed on grounds that the investigatory stop that led to discovery of the evidence was unlawful for want of reasonable suspicion."
Discretionary Review granted 8/15/2007
Fayette Circuit Court, Judge Gary D. Payne
For Movant: V. Gene Lewter
For Respondent: Michael Harned

Appellant's Brief

Appellee's Brief

11:00 a.m. CAMERON V. CAMERON (2007-SC-105-DG)
"Domestic Relations. Dissolution of Marriage. Property Division. At issue is whether the parties reconciled, thereby invalidating a separation agreement giving half the husband's non-marital property to the wife."
Discretionary Review granted 8/15/2007
Nicholas Circuit Court, Judge David Edward Melcher
For Movant: Patrick E. Price
For Respondent: Raymond S. Bogucki and Stacey S. Sanning

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

FRIDAY, AUGUST 15, 2008

9:00 a.m. COMMONWEALTH OF KENTUCKY V. JONES (2006-SC-650-DG)
"Criminal Law. Possession of Firearm by Convicted Felon. Sufficiency of Evidence. Palpable Error. Issues include whether palpable error resulting in manifest injustice under RCr 10.26 occurred when prosecution failed to offer proof that rifle allegedly possessed by defendant was an operable firearm as defined by KRS 527.010(4)."
Discretionary Review granted 1/18/2007
Montgomery Circuit Court, Judge William B. Mains
For Movant: Jeffrey A. Cross
For Respondent: Roy Alyette Durham II

10:00 a.m. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT V. CITY OF PROSPECT, KENTUCKY (2006-SC-903-DG)
"Annexation. Issues include whether Louisville/Jefferson County Metro Government's delay in acting on a proposed annexation ordinance caused Louisville Metro to lose priority over the City of Prospect's ordinance annexing the same property."
Discretionary Review granted 8/15/2007
Jefferson Circuit Court, Judge Barry Willett
For Movant: Mark W. Dobbins, N. Scott Lilly, Irvin G. Maze and Sandra F. Keene
For Respondent: Grover C. Potts, Jr. and Jennifer Beth Starr

11:00 A.M. COLEMAN V. BEE LINE COURIER SERVICE, INC. (2007-SC-628-DG)
"Settlement Agreement. No-Fault Benefits. Issue is whether Ohio Casualty Inc. v. Ruschell, 834 S.W.2d 166 (Ky. 1992), requires an indemnification agreement between an accident victim and tort-feasor to contain an explicit designation of no-fault benefits in order for the indemnification to include such benefits."
Discretionary Review granted11/15/2007
Jefferson Circuit Court, Judge Lisabeth Hughes Abramson
For Movant: Kevin C. Burke and Grover S. Cox
For Respondent: Jeremiah A. Byrne
(Note: Justice Abramson is recused)

Argument Calendar for Aug. 2008 for Kentucky Court of Appeals

August  2008 Court of Appeals Argument Calendar posted. [Go to calendar for more info on counsel, etc.]

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

DATE: Tuesday, August 05, 2008

9:00 AM NICKELL THOMPSON ROSENBLUM
C. K. VS CABINET FOR HEALTH AND FAMILY SERVICES ET AL. 2007CA001601
Whether trial ct erred in: 1) assuming jurisdiction of a dependency action; 2) assuming jurisdiction of termination of parental rights action; 3) finding child was neglected in dependency action and using such finding in termination action against mother; 4) finding child was neglected in termination action and using such finding against appellant father; 5) finding appellant met the grounds set forth in KRS 625.090(2); and 6) finding Cabinet introduced clear and convincing evidence in support of
findings.

1:15 PM NICKELL LAMBERT, (JAMES) KNOPF
EDWARD MIALBACK VS UNIVERSITY MEDICAL CENTER INC. 2007CA001096
Show cause hearing.

2:00 PM CAPERTON ACREE ROSENBLUM
ROBERT BURNSIDE VS AMERICAN TAX FUNDING, LLC 2007CA001687
Writ of mandamus to compel Secretary of finance and Administration cabinet to assign delinquent tax claims to 3rd party purchasers.

2:45 PM CAPERTON ACREE ROSENBLUM
THE ST. LUKE HOSPITALS, INC. VS SAINT ELIZABETH MEDICAL CENTER,
INC. ET AL.
2007CA001663
ALJ entered an order on a certificate of need to establish an open heart surgery program and the circuit court reversed.

3:30 PM KELLER THOMPSON WINE
KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY VS JASON
BLEVINS ET AL.
2008CA000525
Insurance coverage question. Homeowner insurance policy carrier appeals from a judgment requiring it to provide coverage for and defend its insureds. Appeal and cross-appeal. Underlying issues between parties are unresolved pending this appeal.

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.

LOCATION: FLEMING COUNTY COURTHOUSE, 100 COURT SQUARE,
FLEMINGSBURG, KENTUCKY

DATE: Friday, August 15, 2008

10:00 AM KELLER TAYLOR GUIDUGLI
MYERS ARNETT VS CITY OF STANTON ET AL. 2007CA000266
This is an appeal from the trial court's decision which affirmed the removal of the Appellant, Mayor of the City of Stanton, from his position.

10:45 AM KELLER TAYLOR GUIDUGLI
FALLS CREEK, INCORPORATED VS LOUISA BOARD OF WATER AND SEWER COMMISSION ET AL. 2007CA001674
This is an appeal of a decision by the trial court which granted summary judgment to the Appellees. The Appellants maintain that the Appellees unjustly and arbitrarily failed to comply with contractual obligations which were part of an agreement it made with the Appellants. The underlying agreement involves the development and operation of a sewer pumping station.

11:30 AM GUIDUGLI KELLER TAYLOR
JULIE LOWERY VS CRYSTAL WHEELER ET AL. 2007CA001287
Grandmother had been declared defacto custodian had child removed. Issue standard used by court.

2:00 PM TAYLOR KELLER GUIDUGLI
RILEY PARTIN VS BYRD PARTIN ET AL. 2007CA000595
Whether circ2:00 PM TAYLOR KELLER GUIDUGLI
RILEY PARTIN VS BYRD PARTIN ET AL. 2007CA000595
Whether circuit court complied with Court of Appeals opinion reversing and remanding previous order.

LOCATION: CHRISTIAN COUNTY JUSTICE CENTER, 100 JUSTICE WAY, DISTRICT
COURTROOM 3, HOPKINSVILLE, KENTUCKY

DATE: Monday, August 18, 2008

10:00 AM MOORE NICKELL STUMBO
JEFFREY SCHERRETZ VS COMMONWEALTH OF KENTUCKY 2007CA001605
Criminal - issues: (1)whether evidence supported jury instructions and conviction of manslaughter and burglary;(2)whether Commonwealth was required to identify unknown accomplice or conspirator by name;(3)whether appellant's right to confront witness was comprised;(4)whether comments made to jury by Commonwealth during closing regarding experimenting during deliberations prejudiced Appellant;(5)whether Commonwealth in closing arguments shifted burden of proof.et al.

10:45 AM MOORE NICKELL STUMBO
DAVID BEST VS WEST AMERICAN INSURANCE COMPANY 2007CA002289
Appeal from entry of summary judgment to defendant involving insurance claim on a car insurance policy regarding whether a repossession of a vehicle for an alleged breach of a sales contract is covered as a theft.

11:30 AM MOORE NICKELL STUMBO
R. O. GILES ENTERPRISES, INC. VS ROGER L. MILLS (DECEASED)/LINDA S.
MILLS (WIDOW) ET AL.
2008CA000709
Workers compensation case regarding whether a landowner can be subjected to workers compensation liability under KRS 342.610(2)(a)wherein the landowner enters into an agreement with a second party for the removal and purchase of timber from its property when an employee of the second party is killed while removing timber.

2:00 PM NICKELL MOORE STUMBO
J. W. VS E. C. 2007CA002447
Whether statutory requirements for involuntary TPR were satisfied and whether Cabinet should have been made an indispensable party.

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

DATE: Monday, August 18, 2008

2:00 PM WINE CLAYTON DIXON
E. MEENA VS LOUISVILLE METRO COUNCIL ET AL. 2007CA001831
Meena appeals from an order affirming a re-zoning ordinance. He argues that the council’s action was arbitrary, was not supported by adequate findings or substantial evidence, and failed to properly address the traffic impact caused by the development.

2:45 PM WINE CLAYTON DIXON
CLAIRE LONG ET AL. VS ROBERT LOEFFLER ET AL. 2006CA001411
Long and Mosley appeal from summary judgment orders dismissing their action against a trustee. Whether original trustee was required to exercise her powers of appointment in writing; summary judgment on claim for breach of fiduciary duty; denial of motions to compel discovery, to amend complaint, and compel accounting; attorney fees and costs treated as distributions from trust.

LOCATION: CHRISTIAN COUNTY JUSTICE CENTER, 100 JUSTICE WAY, DISTRICT
COURTROOM 1, HOPKINSVILLE, KENTUCKY

DATE: Tuesday, August 19, 2008

10:00 AM STUMBO MOORE NICKELL
CHRISTOPHER HUFF VS RALPH KEPLEY ET AL. 2006CA002042
Appeal from dismissal per CR 41.02; whether trial court abused discretion in dismissing personal injury case for lack of prosecution.

10:45 AM STUMBO MOORE NICKELL
LESLIE PRIDE VS COMMONWEALTH OF KENTUCKY 2007CA002033
MOR direct appeal from conditional guilty plea; failure to suppress evidence obtained pursuant to search warrant; Did affidavit contain false or misleading information?

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

DATE: Tuesday, August 19, 2008

9:30 AM WINE CLAYTON DIXON
CHARLES LYNCH VS CLAIMS MANAGEMENT CORPORATION 2007CA001840
Lynch appeals from a summary judgment awarding CMC funds from his UM proceeds. Whether UM proceeds duplicate benefits received under private disability policy; enforceability and scope of reimbursement agreement; "made-whole" & "common fund" doctrines; real party in interest.

10:15 AM CLAYTON DIXON WINE
THE FLOORING GALLERY, LLC VS MOREL CONSTRUCTION COMPANY, INC.
2007CA001934
Appeal from an award of attorney’s fees absent a statute or contract.

2007CA000133
11:00 AM VANMETER WINE GUIDUGLI
UNIVERSITY MEDICAL CENTER, INC. VS MICHAEL BEGLIN ET AL. 2007CA000018
Did trial court improperly instruct jury on spoilation of evidence and punitive damages in this medical malpractice case?

July 2008 Court of Appeals Argument Calendar posted

July  2008 Court of Appeals Argument Calendar posted.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Tuesday, July 08, 2008

1:00 PM STUMBO DIXON LAMBERT
THOMAS ENVIRONMENTAL CONTRACTING VS BOYD FISCAL COURT 2007CA000570
Civil appeal; interpretation of Boyd County ordinance No. 149-98 dealing with the qualifications of those bidding for county construction contracts; at what point are such qualifications determined.

3:30 PM BUCKINGHAM CAPERTON STUMBO
MKJ VS BOURBON COUNTY BOARD OF EDUCATION
2007CA000832
Directions on remand/42 U.S.C. 1983.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Tuesday, July 08, 2008

9:30 AM COMBS KELLER HENRY
COMMONWEALTH OF KENTUCKY VS CROMWELL LOUISVILLE ASSOCIATES ET AL.
2007CA001128
Appeal is taken from administrative procedures concerning property valuations determined by the Jefferson County PVA.

10:15 AM COMBS KELLER HENRY
LUCY STEILBERG VS C2 FACILITY SOLUTIONS, LLC ET AL. 2007CA001500
Appellant challenges entry of summary judgment in favor of appellee on the issue of whether appellant was an independent contractor not subject to the provisions of KRS Chapter 344.

11:00 AM HENRY COMBS KELLER
KENNETH DUTSCHKE ET AL. VS JIM RUSSELL REALTORS, INC. ET AL. 2007CA001146 Civil; issue - constitutionality of KUAA as applied when fraud in the inducement re underlying contract and in light of Louisville Peterbilt and 3D Enterprises.

1:30 PM CAPERTON KELLER WINE
ADAM WALTERS VS COMMONWEALTH OF KENTUCKY 2006CA002614
Direct appeal of 2nd degree Manslaughter. Appeal focus on application of KRS 503.055 and 503.085

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Wednesday, July 09, 2008

9:30 AM KELLER COMBS HENRY
LAW OFFICES OF JOHN P. PLYMIRE, PLC VS R. W. LYNCH, INC. 2007CA001201
Appellant appeals from an order of the circuit court enforcing a foreign judgment. Appellee argues, in part, that Appellant is precluded because it did not move to vacate the arbitration award within 90 days.

10:15 AM KELLER COMBS HENRY
MT. HOLLY NURSING CENTER ET AL. VS KAREN CROWDUS 2007CA001708
This appeal regards the binding nature of an arbitration agreement found within admission documents to the nursing facility. The admission documents were initially signed by the resident’s friend. Issues of agency and contract law.

11:00 AM HENRY COMBS KELLER
AUTO OWNERS INSURANCE COMPANY VS OMNI INDEMNITY COMPANY 2007CA001165
Civil; Insurance; Coots issue; Omni insured the tortfeaser and offered the victim their liability policy limits; AUTO OWNERS, victim's uim carrier, substituted per Coots by advancing the liability limits to the victim; victim/AUTO OWNERS then sued tortfeaser and Omni; tortfeaser filed bankruptcy but no proof of claim was filed by victim or AUTO OWNERS in bankruptcy proceedings; the victim/AUTO OWNER'S lawsuit was dismissed; issue - is AUTO OWNERS entitled to restitution for substituted payment from Omni (tort feasor's liability insurance company)?

Actually, it might be simpler to state as follows: is the underinsured motorist carrier entitled to restitution or payment from the liability carrier when the the tortfeasor goes bankrupt and no proof of claim was filed in the bankruptcy proceedings by either the victim for the personal injury claim or the UIM carrier for its claim against the bankrupt tortfeasor?  Of course, is the UIM carrier's claim really a subrogation claim against the tortfeasor for the money it advanced or a claim for indemnity against the liability insurer?  I always thought/believed the claim of the uim carrier upon advancing the liability limits was an indemnity claim against the liability carrier up to the amount it advanced and a subrogation claim against the tortfeasor for any amounts the uim carrier pays to its own insured as UIM benefits.  Thus, it would sound like the claim is against the liability carrier for indemnity rather than subrogation, and can the liability carrier plead the affirmative defense of bankruptcy of its insured? Furthermore, did the UIM carrier have notice of the bankruptcy and was it discharged?  Wow!  I guess it wasn't simper!

LOCATION: FAYETTE COUNTY CIRCUIT COURT, COURTROOM I, 4TH FLOOR, 120
NORTH LIMESTONE, LEXINGTON, KENTUCKY
DATE: Monday, July 21, 2008

10:00 AM GUIDUGLI CAPERTON VANMETER
YOST ENERGY, LLC VS JERRY GAINES ET AL. 2007CA001715
Oil & Gas Lease case. Issues: Lease interpretation, direct verdict and Jnov.

10:45 AM GUIDUGLI CAPERTON VANMETER
JOE YOUNG ET AL. VS DONALD DILLOW ET AL. 2007CA001405
Medical malpractice wrongful death case. Judgment for defense.

11:30 AM CAPERTON VANMETER GUIDUGLI
KERRI BULLINGTON VS WAYNE BUSH, M.D. 2007CA000705
Medical Malpractice Appeal - Issue is whether trial court committed error in limiting cross-examination regarding medical records and failing to admit certain medical records into evidence

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Thursday, July 24, 2008

9:30 AM THOMPSON NICKELL ROSENBLUM
KENTUCKY PUBLIC SERVICE COMMISSION ET AL. VS COMMONWEALTH
OF KENTUCKY
2007CA001635
Appellants are a power company and the Kentucky Public Service Commission (PSC) who appeal from an order of the Franklin Circuit Court reversing various PSC orders approving a rate schedule which permits the power company from recovering future pipeline replacement costs by means of a surcharge.

10:15 AM NICKELL THOMPSON ROSENBLUM
COMMONWEALTH OF KENTUCKY VS DONALD COLWELL 2007CA002197
Commonwealth appeals trial court’s grant of suppression motion following consensual search of vehicle.

11:00 AM ROSENBLUM NICKELL THOMPSON
DORIS MCCLURE VS DOLLAR GENERAL STORE, LTD. 2007CA001768
Appeal from summary judgment entered in favor of employer on claims of gender discrimination, age discrimination, outrage or intentional infliction of emotional distress, defamation and negligent supervision.

11:45 AM COMBS NICKELL GRAVES
MARY COLEMAN VS LONES ADAMS 2007CA001586
Property dispute involving parameters of private ownership and use of a public right of way.

LOCATION: HARRISON COUNTY JUSTICE CENTER, CIRCUIT COURTROOM, 115
COURT STREET, CYNTHIANA, KENTUCKY
DATE: Monday, July 28, 2008

1:30 PM TAYLOR CLAYTON MOORE
RANDY MARSHALL VS COMMONWEALTH OF KENTUCKY 2007CA001320
Whether circuit court erred by revoking conditional discharge and failing to consider alternative sentencing.

2:15 PM TAYLOR CLAYTON MOORE
ROBERT HOLLON VS COMMONWEALTH OF KENTUCKY 2007CA001053
Whether circuit court properly denied appellant’s RCr 11.42 motion.

3:00 PM TAYLOR CLAYTON HENRY
BOBBIE HILL-FERDINANDO ET AL. VS EMERGENCY CARE PHYSICIANS OF
NORTHERN KENTUCKY, P.S.C. ET AL.
2007CA001814
Whether circuit court erroneously denied motion for new trial upon issue of destruction of earning capacity; whether circuit court erred by denying motion for directed verdict; whether circuit court improperly reduced costs awarded under KRS 453.040.

LOCATION: HARRISON COUNTY JUSTICE CENTER, CIRCUIT COURTROOM, 115
COURT STREET, CYNTHIANA, KENTUCKY
DATE: Tuesday, July 29, 2008

9:30 AM MOORE CLAYTON TAYLOR
MATTHEW FORE VS COMMONWEALTH OF KENTUCKY 2007CA001382
Criminal Appeal involving whether Appellant was interrogated without being read his Miranda rights; whether trial court erred in granting the Commonwealth access to Appellant’s PSI report; and whether trial court erred in refusing to allow Appellant to withdraw his guilty plea and to represent himself without holding a hearing.

10:15 AM TAYLOR CLAYTON MOORE
JITANDER DUDEE VS CHARLENE DUDEE ET AL. 2007CA001331
Whether circuit court erroneously obtained a receiver to pay child support, maintenance and judgment amounts from accounts of business.

2007CA001742
11:00 AM CLAYTON MOORE TAYLOR
E.& P.P. CAB. VS SIERRA CLUB 2007CA001723
Challenge of circuit court reversal of issuance of an air quality permit.

May 2008 Supreme Court of Kentucky Oral Arguments (SCOKY) for June 11, 12, 13, 2008

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.

June 2008 Oral Argument calendar - click here

WEDNESDAY, JUNE 11, 2008

9:00 a.m. COMMONWEALTH OF KENTUCKY V. DAVIDSON
(2006-SC-180-DG)
"Criminal Law. Double Jeopardy. Whether the retrial of a defendant is precluded if a conviction has been reversed on appeal due to an error in instructions where the evidence was insufficient to sustain a conviction on the instructions that had been given but there was sufficient evidence to support a conviction if proper instructions had been given." Discretionary Review granted 9/13/2006
Knox Circuit Court, Judge Lewis B. Hopper
For Movant: Jeffrey A. Cross
For Respondent: Shelly R. Fears
(Note: Justice Minton and Justice Schroder are recused --
Special Justices R. Michael Sullivan and Joy A. Moore sitting)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. GASKILL V. ROBBINS (2007-SC-190-DGE) AND
ROBBINS V. GASKILL (2007-SC-207-DGE)
"Dissolution of Marriage. Child Custody. Distribution of Property. Issues include whether there should be a legal distinction between personal goodwill and enterprise goodwill when evaluating a party's professional practice; whether the family court correctly assessed and justly distributed marital property; and whether the court properly awarded custody of the parties' child to the father."
Discretionary Review granted 10/24/2007
Warren Circuit Court, Judge Margaret Ryan Huddleston
For Movant/Respondent (Gaskill): Glen S. Bagby, James E. Keller, J. Robert Lyons, Jr., Betty Reece Herbert, and Brian Pack
For Respondent/Movant (Robbins): David A. Lanphear
(Note: Justice Minton is recused)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. HUME, ET AL. V. FRANKLIN COUNTY FISCAL COURT, ET AL. (2006-SC-499-DG) AND (CROSS-MOTION) BIZZACK, ET AL. V. HUME, ET AL. (2007-SC-91-DG)
"Zoning. Multiple, successive rezoning petitions applying to the same property. Issues include (1) the propriety of considering a new petition while a ruling on a prior petition is on appeal, (2) whether the principle of res judicata applies to the new petition, (3) law of the case considerations, and (4) whether the record should be reviewed as to whether the Fiscal Court ruling was supported by the evidence." Discretionary Review granted 1/18/2007 and 3/14/2007
Franklin Circuit Court, Judge William L. Graham
For Movants/Cross-Respondents: W. Henry Graddy, IV and Richard V. Murphy
For Respondents (Franklin County Fiscal Court, et al.): Richard M. Sullivan, Edward F. Busch, Rick Eugene Sparks, Scott Alan Johnson
For Respondents/Cross Movants: William M. Lear, Jr., Rena Wiseman, Paul C. Harnice, and Anthony Joseph Phelps
(Note: Justice Minton is recused)

Appellant's Brief

Appellee's Brief

Appellee's Brief

Appellant's Reply Brief

Appellant's Reply Brief

THURSDAY, JUNE 12, 2008

9:00 a.m. BEDINGFIELD V. COMMONWEALTH OF KENTUCKY
(2007-SC-128-DG)
"Criminal Law. CR 60.02. Newly Discovered Evidence. DNA. Issues include whether defendant convicted of rape in 1995 is entitled to new trial on grounds that newly available DNA-testing technology reveals that defendant was not the donor of semen recovered from the victim and her clothing."
Discretionary Review granted 8/15/2007
Fayette Circuit Court, Judge Gary D. Payne
For Movant: Melanie L. Lowe
For Respondent: James Daryl Havey and Traci Courtney Caneer

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. TAYLOR V. COMMONWEALTH OF KENTUCKY
(2006-SC-863-MR)
"Juvenile offender - Murder - 25 year sentence."
Jefferson Circuit Court, Judge Kathleen Voor Montano
For Appellant: Bruce P. Hackett
For Appellee: Paul W. Richwalsky, Jr.

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. EARLY, ET AL. V. OLDHAM COUNTY BOARD OF EDUCATION (2007-SC-8-DG)
"Eminent Domain. Interlocutory Judgment. Notice of Appeal. Issues include whether landowners timely filed notice of appeal from circuit court's interlocutory judgment confirming the condemnor's right to take portions of their properties."
Discretionary Review granted 6/13/2007
Oldham Circuit Court, Judge Karen A. Conrad
For Movants: Stephen B. Early
For Respondent: Alan N. Linker and James Gregory Troutman

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

FRIDAY, JUNE 13, 2008

9:00 a.m. CHEYENNE RESOURCES, INC., ET AL. V. ELK HORN COAL CORPORATION (2006-SC-721-DG)
"Judgment of Restitution. Prejudgment Interest. Where supersedeas penalty statute was declared unconstitutional, and penalty previously paid was ordered returned by judgment of restitution, the issue is whether prejudgment interest on the amount should be calculated from date penalty was paid, or from date penalty statute was declared unconstitutional." Discretionary Review granted 8/15/2007 Floyd Circuit Court, Judge John David Caudill
For Movants: Bruce E. Cryder and Margaret A. Miller
For Respondent: Maureen D. Carman, William S. Kendrick, Richard C. Ward, and Jeff A. Woods
(Note: Chief Justice Lambert and Justice Scott are recused; Justice Abramson not sitting --
Special Justices Thomas D. Emberton, Gregory L. Monge, and Michael O. McDonald sitting)

Appellant's Brief

Appellee's Brief

10:00 a.m. MCCLENDON V. HODGES (2007-SC-559-DGE)
"Elections. Issues include the proper remedy for fraud found in "walk in" absentee voting for mayor in two of the six city precincts."
Discretionary Review granted 11/15/2007
Monroe Circuit Court, Judge Ron Johnson
For Movant: Daniel T. Taylor, III
For Respondent: David M. Cross
(Note: Justice Abramson is recused)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 A.M. JENKINS V. COMMONWEALTH OF KENTUCKY
(2007-SC-248-DG)
"Criminal Law. Child Sexual Abuse. KRE 702. Issues include application of KRE 702 to the admissibility of proffered expert testimony from a forensic psychologist concerning interview techniques and their impact upon reliability of allegations of child sexual abuse."
Discretionary Review granted 6/13/2007
Woodford Circuit Court, Judge Paul F. Isaacs
For Movant: J. Guthrie True and Samuel Ryan Newcomb
For Respondent: David W. Barr
(Note: Justice Abramson is recused)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

COA ARGUMENT CALENDAR: June 2008!

Here's a link to the Court of Appeals argument calendar for the month of June 2008.  CLICK HERE.

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

DATE: Tuesday, June 03, 2008

9:30 AM STUMBO CAPERTON BUCKINGHAM
MICHAEL WILSON VS COMMONWEALTH OF KENTUCKY 2006CA002194
MOR criminal appeal alleging error in trial court's failure to give tendered instructions on self defense, EED, voluntary intoxication and 4th degree assault.

10:15 AM STUMBO CAPERTON BUCKINGHAM
JAMES HAMILTON VS ELIZABETH HAMILTON 2007CA001423
MOR appeal from post decree order dividing funds held in non-dissolution related litigation; issues include amount of funds to be divided, award of attorney fee and propriety of court in permitting withdrawal of motion.

11:00 AM STUMBO CAPERTON BUCKINGHAM
JOYCE WHITE ET AL. VS CUMBERLAND VALLEY MANOR ET AL. 2008CA000442
MOR appeal from denial of attorney fee to successful litigant in medical fee dispute; issue is standard for imposition of costs.

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

DATE: Monday, June 09, 2008

9:30 AM CLAYTON VANMETER KNOPF
CSX TRANSPORTATION, INC. VS TERRY WILLIAMS 2006CA002593
Numerous assertions of error, including the trial court’s failure to address the jury’s exposure to publicity during the trial; court’s failure to instruct the jury of federal law; error in admitting and barring evidence; and, the verdict was unsupported by the evidence.

10:15 AM CLAYTON VANMETER KNOPF
KIM HARPER VS NATIONAL HEALTH SERVICES ET AL. 2007CA001354
Denial of CR 60.02 relief which followed grant of summary judgment to appellee on claims of negligent hiring and vicarious liability for sexual harassment.

11:00 AM CLAYTON VANMETER KNOPF
JEREMY DOWNS VS EUNICE DOWNS 2007CA000979
Issue of first impression regarding whether a constrictive trust of life insurance proceeds was established for the benefit of a child pursuant to a divorce judgment between the parents of the child.

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

DATE: Wednesday, June 11, 2008

10:00 AM VANMETER CLAYTON KNOPF
LOUISVILLE/JEFFERSON COUNTY METRO ETHICS COMMISSION VS H.J.("BUD") SCHARDEIN ET AL. 2007CA001356
Local government: whether Louisville Metro Government Ethics Code applies to board members and appointed employees of Louisville/Jefferson Metro Sewer District. KRS 65.003.

10:45 AM KNOPF CLAYTON VANMETER
PATRICIA CONWAY ET AL. VS SALT RIVER ELECTRIC COOPERATIVE COOPERATION
2006CA001919
Appeal from order of summary judgment.

1:00 PM ACREE DIXON TAYLOR
STEVIE WORLEY VS COMMONWEALTH OF KENTUCKY 2007CA000175
Criminal: Worley appeals a conviction of manslaughter and sentence of 18 years. The issues are: (1) whether the trial court erred in determining the “castle doctrine“ inapplicable to this case; (2) whether the trial court erred in the manner in which it addressed missing evidence; (3) whether the trial court erred by disallowing the testimony of Worley’s ballistics expert; and (4) whether the trial court erred by disallowing "reverse 404(b)" evidence.

1:45 PM ACREE DIXON TAYLOR
LINDA ANGEL VS METROPOLITAN PROPERTY AND CASUALTY INSURANCE
COMPANY 2007CA001521
Civil; Torts; Damages: Angel appeals the Clark Circuit Court’s order granting partial summary judgment in favor of Metropolitan. The issue is whether a claim for post traumatic stress disorder is a compensable claim under Metropolitan’s UIM coverage and KRS chapter 304.39.

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

DATE: Thursday, June 12, 2008

11:00 AM TAYLOR ACREE DIXON
RICHARD CRAWFORD VS EXTENDED STAY AMERICA, LLC 2007CA001127
Whether circuit court properly entered summary judgment dismissing appellant’s premises liability claim against appellee.

10:15 AM (sic)TAYLOR ACREE DIXON
HERBERT BROOKS VS COMMONWEALTH OF KENTUCKY 2007CA000864
Whether circuit court properly denied appellant’s RCr 11.42 motion.

LOCATION: MONTGOMERY COUNTY CIRCUIT COURTROOM, COURTHOUSE, 1 COURT STREET, MT. STERLING, KENTUCKY

DATE: Thursday, June 12, 2008

10:00 AM COMBS NICKELL GRAVES
LAFE WARD VS COMMONWEALTH OF KENTUCKY 2007CA000753
Challenge to constitutionality of statutes involving DUI and charging wanton murder as void for vagueness.

10:45 AM COMBS NICKELL GRAVES
MARY COLEMAN VS LONES ADAMS 2007CA001586
Property dispute involving parameters of private ownership and use of a public right of way.

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

DATE: Wednesday, June 25, 2008

2:30 PM NICKELL COMBS GRAVES
DANNY RAINS VS MICHAEL PATRICK ET AL. 2007CA000745
Whether trial court properly dismissed alleged oral agreement under statute of frauds.

May 2008 Supreme Court of Kentucky Oral Arguments (SCOKY) for May 14, 15, 16

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

Links to COA decisions (if there are any) follow the links to the briefs.

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

WEDNESDAY, MAY 14, 2008

9:00 a.m. RICHARDSON V. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (2006-SC-502-DG)
"Insurance. Duty to Defend. CALGA. Issues include whether the duty to defend under the Claims Against Local Governments Act (KRS 65.200 et seq.) applies to former employees sued in tort for acts or omissions occurring within the scope of local government employment."
Discretionary Review granted 1/18/2007
Jefferson Circuit Court, Judge Michael O. McDonald
For Movant: J. Key Schoen
For Respondent: N. Scott Lilly and Susan P. Spickard
(Note: Justice Schroder is recused)
(Rescheduled from March 14, 2008)

Briefs not yet posted
2004CA002440

10:00 a.m. JONES V. COMMONWEALTH OF KENTUCKY (2006-SC-802-DG)
"Criminal Law. DUI. Amendment of Charges. PFO. Issues include the application and operation of KRS 189A.010(5) that fourth or subsequent offenses are to be charged as felonies and KRS 189A.120 restricting amending charges down where an individual refused to submit to testing."
Discretionary review granted 3/14/2007
Fayette Circuit Court, Judge Pamela Goodwine
For Movant: V. Gene Lewter
For Respondent: Courtney J. Hightower
(Note: Justice Schroder is recused)

Appellant's Brief

Appellee's Brief

2005CA001089

11:00 a.m. WILLIAMS V. STATE FARM MUTUAL INSURANCE CO. (2006-SC-856-DG)
"Auto Insurance. Underinsured Coverage. Was a vehicle excluded from coverage as a vehicle "furnished" (language used in the policy) to a member of an insured's household, when the vehicle had been purchased exclusively by that member of the household but titled in the insured's and the purchaser's name?"
Discretionary Review granted 4/11/2007
Menifee Circuit Court, Judge William B. Mains
For Movant: William Daniel Nefzger
For Respondent: E. Douglas Stephan

Appellant's Brief

Appellee's Brief

THURSDAY, MAY 15, 2008

9:00 a.m. QUINTANA V. COMMONWEALTH OF KENTUCKY (2006-SC-629-DG)
"Criminal Law. Search and Seizure. Were the appellant's rights violated when police went into his backyard in order to see if the home had a back door and to determine if the appellant was home?"
Discretionary Review granted 2/14/2007
Nelson Circuit Court, Judge Larry Raikes
For Movant: John D. Seay and Jeremy Dwight Chesser
For Respondent: Terry Lane Geoghegan and Bryan D. Morrow

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

2005CA000341

10:00 a.m. BOTTOM, ET AL. V. COMMONWEALTH OF KENTUCKY (2006-SC-823-DG)
"Criminal Law. Search and Seizure. The issue is the validity of the police practice of "knock and talk," in which officers approach a home in order to request consent to conduct a search when officers have suspicion of criminal conduct but do not have sufficient information to establish probable cause to obtain a search warrant."
Discretionary Review granted 2/14/2007
Russell Circuit Court, Judge Vernon Miniard, Jr.
For Movants: Jeffrey H. Hoover
For Respondent: Michael Harned

Appellant's Brief

Appellee's Brief

2004CA002480

11:00 a.m. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES V. EPI CORPORATION (2006-SC-348-DG)
"Statute of Limitations. Medicaid. The issue is the applicable statute of limitations for recoupment of overpaid medicaid benefits."
Discretionary Review granted 2/14/2007
Anderson Circuit Court, Judge William F. Stewart
For Movant: Johann F. Herklotz and Alea Amber Arnett
For Respondent: Frank F. Chuppe, Virginia Hamilton Snell and Stephen R. Price
(Note: Justice Minton is recused)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

2005CA000274

FRIDAY, MAY 16, 2008

9:00 a.m. CLARK V. COMMONWEALTH OF KENTUCKY (2005-SC-862-MR)
"Twenty-five counts: first degree rape, first degree sodomy, second degree sodomy, incest, promoting a sexual performance by a minor, use of a minor in a sexual performance, criminal attempt to commit promoting a sexual performance by a minor and criminal attempt to commit use of a minor in a sexual performance - Life imprisonment."
Hardin Circuit Court, Judge Janet P. Coleman
For Appellant: Emily Holt Rhorer
For Appellee: Jeffrey A. Cross
(Rescheduled from February 14, 2008)

Appellant’s Brief

Appellee’s Brief

Appellant’s Reply Brief
No COA Decision.

10:00 a.m. COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS V. SEXTON, ET AL. (2006-SC-454-DG)
"Board of Claims. Negligence. Duty. Issues include whether the Department of Highways has a duty to prevent dead or diseased trees on its properties from falling onto adjoining properties."
Discretionary Review granted 2/14/2007
Jefferson Circuit Court, Judge Ann Shake
For Movant: A. Andrew Draut, Russell H. Saunders and P. Kevin Moore
For Respondents: Daniel Michael Alvarez and G. Mitchell Mattingly
(Note: Justice Schroder is recused)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

2005CA000005

11:00 a.m. HENRY V. COMMONWEALTH OF KENTUCKY (2006-SC-767-DG)
"Criminal Law. Miranda Warnings. Vehicle Search. Double Jeopardy. On appeal of criminal conviction pursuant to conditional guilty plea, issues relate to the "public safety" exception to mandated Miranda warnings, the warrantless search of automobile incident to recent occupant's arrest, and whether claim of double jeopardy is waived upon entry of guilty plea."
Discretionary Review granted 4/11/2007
Jefferson Circuit Court, Judge F. Kenneth Conliffe
For Movant: Bruce P. Hackett
For Respondent: Gregory C. Fuchs
(Note: Justice Schroder is recused)

Appellant’s Brief

Appellee’s Brief

Appellant’s Reply Brief

2005CA000611

MAY 2008 Court of Appeals Argument Calendar

May 2008 Court of Appeals Argument Calendar posted.

May 5, 6, 12, 13, 14, 21 and 29, 2008.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Monday, May 05, 2008

10:00 AM WINE CAPERTON KELLER
DAVID TIDWELL, IV VS COMMONWEALTH OF KENTUCKY 2007CA000136
Appeal from conviction for TBUT over $300 and PFO II. Denial of motion for directed verdict; denial of lesser-included offense instruction; violation of separation of witness order; denial of motion to suppress evidence seized pursuant to search warrant; denial of motion to suppress photographs and witness identification as unduly suggestive; impeachment of defense witness on collateral matter; cumulative error.

10:45 AM WINE CAPERTON KELLER
GEORGE GLASS VS NANCY GLASS 2007CA000301
Appeal and cross-appeal from dissolution judgment. Direct appeal: Classification of non-marital property; burden of proof to show that increase in value of non-marital property remains non-marital; and division of marital property. Cross-appeal: classification of a ring which replaced a gifted ring as marital; sufficiency of evidence of value of another ring used to offset ring; existence of agreement regarding disposition of rings.

11:30 AM WINE CAPERTON KELLER
JAMES BROOKS ET AL. VS GRAMS, INC. 2007CA001087
Appeal from summary judgment dismissing vicarious liability claim. Whether the spouse of an employee who is running a work-related errand for the employee has an agency relationship with employer. Existence of genuine issues of material fact.


LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Tuesday, May 06, 2008

10:00 AM KELLER CAPERTON WINE
ZOEY YOUNG VS UNIVERSITY HOSPITAL OF THE ALBERT B. CHANDLER MED. CTR. INC. ET AL.
2007CA001075
In this medical negligence action, the circuit court dismissed defendant medical center on the basis of sovereign immunity.Appellant alleges the defendants were not entitled to said immunity protection.

10:45 AM KELLER CAPERTON WINE
S.M., A CHILD UNDER EIGHTEEN VS COMMONWEALTH OF KENTUCKY 2007CA001353
This appeal involves the circuit court’s opinion affirming the district court’s ruling that the appellant, a juvenile, who was allegedly not eligible to be declared a juvenile sexual offender due to conviction for two counts of voyeurism was not entitled to an independent sexual assessment.

11:30 AM KELLER CAPERTON WINE
DOUGLAS FULTZ VS COMMONWEALTH OF KENTUCKY 2007CA000203
The appellant is alleging six points of error in this appeal from a Manslaughter in the Second Degree verdict. They include juror tainting as well as sufficiency of the evidence.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Wednesday, May 07, 2008

9:00 AM ACREE NICKELL VANMETER
MARK LIBRETTO VS KIM KINNAIRD 2006CA001682

1:30 PM WINE KELLER THOMPSON
PAUL ROGERS ET AL. VS SCARLETT COUNTS ET AL. 2006CA001087
Rogers appeal from a jury verdict awarding them no damages for personal injuries in a motor vehicle accident. Sufficiency of evidence; denial of motion for new trial; exclusion of evidence involving insurer while allowing insurer to participate at trial as a party; trial court's denial of request for additional cross-examination of medical witness testimony admitted by video deposition; preservation issues.

2:15 PM BUCKINGHAM LAMBERT TAYLOR
TONYA DEROSSETT VS GERTRUDE TYSON 2007CA001042
Property damage.

3:00 PM TAYLOR LAMBERT BUCKINGHAM
ROY HAMM VS DIANA HAMM 2006CA002119
2006-CA-002119 - Whether circuit court erred in its division of marital property; 2006-CA-002143 -Whether circuit court erred by not awarding permanent maintenance.

3:45 PM STUMBO COMBS KNOPF
VANDANA KUMAT VS ASHUTOSH LOHE 2006CA002624
Appeals from dissolution of marriage; issues include division of marital property, maintenance, failure to award childcare expenses.

LOCATION: CARROLL COUNTY COURTHOUSE, HALL OF JUSTICE, 802 CLAY STREET, CARROLLTON, KENTUCKY
DATE: Monday, May 12, 2008

1:00 PM KELLER THOMPSON GRAVES
MITZI WYRICK VS DEPARTMENT OF REVENUE, FINANCE & ADMINISTRATION CABINET ET AL.
2007CA000089
This case originated as an Open Records action in Franklin Circuit Court which upheld the appellees invocation of KRS 61.878(1) which addresses access to materials pertaining to civil litigation to deny appellant’s Open Records request. The appellees alleged that this is actually a discovery dispute masquerading as an Open Records request case.

1:45 PM KELLER THOMPSON GRAVES
CLARENCE HICKS VS R & J WELL SERVICE ET AL. 2007CA002609
Petition for Review filed by Clarence Hicks who sustained an injury on August 18, 2006, when he was lifting a large well head weighing 150 pounds. The Workers’ Compensation Board’s opinion dated 11-30-07 affirmed the ALJ’s opinion dated 7-20-07 dismissing the claims. The ALJ found no work-related injury; failed to apportion any active impairment; and denied requested surgery.

LOCATION: CARROLL COUNTY COURTHOUSE, HALL OF JUSTICE, 802 CLAY STREET, CARROLLTON, KENTUCKY
DATE: Tuesday, May 13, 2008

10:00 AM THOMPSON KELLER GRAVES
GREGORY DILLMAN VS COMMONWEALTH OF KENTUCKY 2007CA000455
Appellant was convicted in trial by jury of trafficking in a controlled substance. During cross examination, appellant alleges he was questioned about prior bad acts. Appellant asserted a fifth amendment right. Trial ct ordered appellant to answer question. Appellant complains prosecution did not give notice pursuant to KRE 404 © of intention to introduce evidence of other crimes, wrongs or acts, and of violation fifth amendment rights. Alleges trial ct. improperly instructed jury to law of case.

10:45 AM THOMPSON KELLER GRAVES
EDDIE ROTHWELL VS E. SINGLETON ET AL. 2007CA001348
Appellant appeals a directed verdict during a jury trial of a will contest action. Appellant believes that sufficient evidence was introduced during its case in chief so as to compel that this litigation be decided by the jury.

11:30 AM THOMPSON KELLER GRAVES
Z. T. VS M. T. ET AL. 2007CA001444
Issues: Finding of dependency, neglect and abuse, and ordered that he have no contact with his children; When 6 yr old child was questioned by county atty, the judge ordered him to remain outside of room and view proceedings on closed circuit TV and communicate with his atty by way of microphone connected to earphones worn by his atty; Alleges Mother had affair with pastor for one yr and had sexual relations with him in her home and children were in the home.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Tuesday, May 13, 2008

10:00 AM WINE ACREE VANMETER
PEOPLES BANK OF NORTHERN KENTUCKY, INC. ET AL. VS CROWE CHIZEK AND COMPANY LLC ET AL.
2007CA001174
Bank appeals from 6 orders entered by trial court without opinion or discussion, which had effect of granting summary judgment and dismissing each of bank's claims. Issues: Court ignored Steelvest standard, statute of limitations was tolled, claim for aiding and abetting, punitive damages, discovery, an alleged "release", jury instruction, waiver provision of audit engagement letter, and bank's check conversion losses.

LOCATION: FLOYD COUNTY JUSTICE CENTER, CIRCUIT COURTROOM B, 127 SOUTH LAKE DRIVE, PRESTONSBURG, KENTUCKY
DATE: Wednesday, May 14, 2008

1:45 PM COMBS STUMBO KNOPF
LORRAINE MAY VS JAY MOORE 2007CA000978
Appellant challenges summary judgment against her in a case involving personal injury to her allegedly resulting from negligently made repairs to a house that she was leasing.

2:30 PM COMBS STUMBO KNOPF
AMBER EVANS VS VICKY EVANS ET AL. 2007CA001728
Appellant, natural mother of three children at issue, challenges grant of custody to their paternal grandparents even though a judicial decree had previously found her to be a fit custodian.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY
DATE: Wednesday, May 21, 2008

10:30 AM KNOPF STUMBO TAYLOR
COMMONWEALTH OF KENTUCKY VS GREGORY BARTLETT ET AL. 2008CA000046
WRIT OF PROHIBITION

11:15 AM KNOPF STUMBO TAYLOR
COMMONWEALTH OF KENTUCKY VS A.C. CHAUVIN ET AL. 2008CA000027
WRIT OF PROHIBITION

LOCATION: MCCRACKEN COUNTY COURTHOUSE, COURTROOM A, SECOND FLOOR, 301 SOUTH SIXTH STREET, PADUCAH, KENTUCKY
DATE: Thursday, May 29, 2008

1:30 PM TAYLOR CLAYTON NICKELL
DICKIE TODD VS CITY OF PADUCAH 2007CA001732
Whether circuit court properly concluded City of Paducah's smoking ban ordinance did not constitute zoning ordinance under KRS 100.203.

ARGUMENTS: April 2008 SCOKY Argument Calendar

Apologies for this last posting.  However, the parties, counsel, issues and links to briefs are provided.

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.

Sorry for the delay in posting this after the fact.  Mostly for 'informational' purposes now.  Click here for the April SCOKY Argument Calendar of cases heard.  At least you can see the cases, issues, parties, counsel, and links to the briefs filed and found at Chase Law School at NKU.

WEDNESDAY, APRIL 16, 2008

9:00 a.m. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES, ET AL. V. T.G., MOTHER (2007-SC-436-DGE) AND (CROSS-MOTION) T.G., MOTHER V. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES, ET AL. (2007-SC-821-DGE)
"Termination of Parental Rights. Issues include the constitutionality of KRS 625.090(1)(a)(1), either facially or in application."
Discretionary review granted 10/24/2007 and 12/12/2007
Jefferson Circuit Court, Judge Stephen M. George
For Movants/Cross-Respondent: Erika Saylor and Catherine I. Wallace
For Respondent/Cross-Movants: Gregory W. Butrum

Appellant’s Brief 

Appellee’s Brief 

Appellant's Reply Brief 

Appellee's Reply Brief

10:00 a.m. DIXON V. COMMONWEALTH OF KENTUCKY (2006-SC-682-MR)
"First degree assault, first degree robbery and first degree rape - 47 years. Were defendant's double jeopardy rights violated by his conviction of first degree assault and first degree rape for the same physical injury? Should the jury have been instructed on facilitation to commit robbery and rape as lesser included offences to commit those crimes."
Greenup Circuit Court, Judge Lewis D. Nicholls
For Appellant: Euva May
For Appellee: Jason Bradley Moore

Appellant’s Brief 

Appellee’s Brief 

Appellant's Reply Brief

11:00 a.m. CHILDERS OIL COMPANY, INC. V. ADKINS, ET AL. (2007-SC-32-DG)
"Employment Discrimination. Age Discrimination. Punitive Damages. Jury Instructions. Sufficiency of Evidence. In action alleging employment discrimination based on age, issues include whether objection to jury instruction permitting punitive damages under KRS Chapter 344 was properly preserved; and whether plaintiffs evidence was insufficient to support finding of age-based discrimination and/or award of damages for emotional distress."
Discretionary review granted 8/15/2007
Pike Circuit Court, Judge Steven D. Combs
For Movant: Lawrence E. Forgy, Jr. and Darrell Hall
For Respondents: Lawrence R. Webster

Appellant’s Brief 

Appellee’s Brief 

Appellant's Reply Brief

THURSDAY, APRIL 17, 2008

9:00 a.m. BURTON V. CSX TRANSPORTATION, INC. (2006-SC-695-DG)
"Personal Injury. Exposure to Toxic Substances. Evidence. Issues include the propriety of (1) excluding some opinion evidence of a plaintiffs expert, (2) excluding a study of similar injuries experienced by others also exposed to the same type of substances, and (3) declaring a defense witness eligible to testify pursuant to Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579,113 S.Ct. 2786, 125 L.Ed.2d 469 (1993)."
Discretionary review granted 2/14/2007
Jefferson Circuit Court, Judge A.C. McKay Chauvin
For Movant: Kenneth L. Sales, Joseph D. Satterley, Paul Jason Kelley, and Corey Ann Finn
For Respondent: Raymond G. Smith, Edward H. Stopher, David T. Klapheke, and Scott A. Davidson

Appellant’s Brief 

Appellee’s Brief 

Appellant's Reply Brief

10:00 a.m. HARTSFIELD V. COMMONWEALTH OF KENTUCKY (2007-SC-77-DG)
"Criminal Law. Right to Confrontation. Following death of alleged rape victim prior to defendant's trial, issues raised in motion in limine relate to the admissibility, in light of Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed. 2d 177 (2004), of statements made by alleged victim to the Sexual Assault Nurse Examiner during medical examination and collection of evidence, and statements made by the alleged rape victim after she ran from her home following the incident."
Discretionary review granted 5/16/2007
Fayette Circuit Court, Judge Gary D. Payne
For Movant: V. Gene Lewter
For Respondent: Kenneth Wayne Riggs
(Note: Justice Abramson is recused)

Appellant’s Brief 

Appellee’s Brief

ARGUMENT CALENDAR: COAKY Args Posted for April 2008

The Court of Appeals argument calendar for the month of April 2008 with cases names, counsel, issues, location, dates, and times is available by clicking here (located at AOC web site).

Today in the Jefferson Judicial Center (April 1) are the following.  For arguments scheduled for April 3 and 4 in Pikeville, April 15 in Louisville, April 16 in Frankfort, April 16 in Elizabethtown, April 24 and 25 in Covington, then click here.

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

DATE: Tuesday, April 01, 2008
9:30 AM NICKELL DIXON WINE
ROBERT PALMER-BALL, M.D. VS SHEILA PALMER-BALL 2006CA002647
Whether the trial court properly valued a medical practice and vacation property; determined which assets constituted nonmarital property; properly divided marital debts and assets; and resolved claims for maintenance and attorneys fees.

10:15 AM KNOPF DIXON NICKELL
GUY GRAY ET AL. VS SOUTHERN FARM BUREAU LIFE INSURANCE COMPANY ET AL.
2007CA000664
Appeal from a summary judgment, by the estate administrator, holding that the deceased plaintiff did not enter into a contract of life insurance with the appellees.

11:00 AM KNOPF DIXON NICKELL
COMMONWEALTH OF KENTUCKY VS CENTRAL BANK OF JEFFERSON COUNTY, INC. ET AL.
2007CA000009
The Commonwealth appeals from orders which deemed its tax liens inferior in priority in mortgage foreclosure actions.

LOCATION: HALL OF JUSTICE, 172 DIVISION STREET, DIVISION II CIRCUIT
COURTROOM, 4TH FLOOR, PIKEVILLE, KENTUCKY

DATE: Thursday, April 03, 2008

1:30 PM KELLER THOMPSON WINE
ARA LITTLE VS LEE STEWART ET AL. 2007CA000555
This appeal arises from litigation regarding an accident between a coal truck, tractor-trailer, and a van. At the conclusion of the plaintiff's case, the trial court directed verdict in favor of two defendants.

2:15 PM KELLER THOMPSON WINE
APPCO-KY, INC. VS OLDCASTLE MOUNTAIN MATERIALS INC. 2005CA002012
Appeal from trial court's ruling that voided a restrictive covenant in a deed. There are also contract issues between the parties.

3:00 PM WINE KELLER THOMPSON
S. O. VS COMMONWEALTH OF KENTUCKY 2006CA001647
Discretionary review from juvenile adjudication finding S.D.O. guilty of terroristic threatening. Sufficiency of evidence supporting findings; lack of evidence that S.D.O. delivered letter containing threats; admissibility of letter with subsequent alterations.

LOCATION: HALL OF JUSTICE, 172 DIVISION STREET, DIVISION II CIRCUIT
COURTROOM, 4TH FLOOR, PIKEVILLE, KENTUCKY

DATE: Friday, April 04, 2008

9:30 AM WINE KELLER THOMPSON
KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY VS SONYA ELSWICK
2006CA001384
KFB appeals from an order dismissing its subrogation claims against Elswick. KFB argues that there were issues of fact concerning whether Elswick was a “secured person” under KRS 304.39-070; and that the trial court erred in finding that KFB was required to file a claim against Elswick's carrier before bringing the subrogation action.

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

DATE: Tuesday, April 15, 2008

9:30 AM STUMBO CLAYTON GRAVES
JESSICA DEYOUNG VS COMMONWEALTH OF KENTUCKY 2007CA000635
MOR appeal from conditional guilty plea. Issue is denial of motion to suppress fruits of search of home without warrant, consent or exigent circumstances.

10:15 AM CLAYTON STUMBO GRAVES
JODI GLAHN VS DANIEL NEISES ET AL. 2007CA000928
An appeal from an order granting summary judgment to a property owner. The appellant states that several questions of fact exist for a jury to decide and that an issue regarding whether 14 & 54 of the Ky Constitution prevents the trespass statute from granting immunity to persons who cause foreseeable injury.

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

DATE: Wednesday, April 16, 2008

10:00 AM BUCKINGHAM LAMBERT TAYLOR
TRACE CREEK CONSTRUCTION, INC. VS THE HARLAN COUNTY FISCAL COURT
2007CA000328
Sovereign Immunity.

10:45 AM TAYLOR LAMBERT BUCKINGHAM
ROY HAMM VS DIANA HAMM 2006CA002119
2006-CA-002119 - Whether circuit court erred in its division of marital property; 2006-CA-002143 -Whether circuit court erred by not awarding permanent maintenance.

11:30 AM TAYLOR LAMBERT BUCKINGHAM
MOUJAHED ACHTAR VS TOYOTA MOTOR CORPORATION 2007CA000447
Whether circuit court properly excluded certain evidence; whether circuit court properly denied motion for directed verdict; whether jury instructions were proper.

LOCATION: HARDIN COUNTY JUSTICE CENTER, 120 EAST DIXIE AVENUE,
ELIZABETHTOWN, KENTUCKY

DATE: Wednesday, April 16, 2008

10:15 AM ACREE COMBS THOMPSON
UNIFIRST CORPORATION VS OLIVIA STEWART
2006CA000993 2007CA001501
Civil; Employment Discrim.: Employer appeals jury verdict that wrongfully terminated employee because she stated to coworkers she had been hurt at work. Issues: (1) employee not within ambit of KRS 342.197; damages award not supported by evidence (3) that jury verdict was based on workers’ comp. award which was later reversed; (4) trial ct erred by admitting inadmissible testimony. 07-CA-1501: Employer appeals from trial ct’s denial of second of two separate CR 60.02 motions.

11:00 AM THOMPSON COMBS ACREE
NATHAN HACK ET AL. VS LONE OAK DEVELOPMENT, INC. ET AL. 2007CA001431
LONE OAK DEV. BEGAN DEVELOPMENT OF A SUBDIVISION. DEVELOPER CONTRACTED WITH CENTRAL PAVING CO, TO REALIGN DITCH AND CONSTRUCT 48 INCH DRAINAGE PIPE.  URCHASERS WHO ARE NOT PARTIES TO THIS ACTION, PURCHASED LOT NEAR DRAINAGE PIPE. APPELLANTS PURCHASED LOT NEAR DRAINAGE PIPE. 6 YRS AFTER CONSTRUCTION AND 2 YRS AFTER PURCHASING LOT, APPELLANTS EXPERIENCED SOIL COLLAPSE
IN AREA AROUND PIPE AND ALLEGE NEGLIGENCE IN USAGE OF TREE STUMPS TO IMPROPERLY FILL HOLE TO SUPPORT PIPE. TRIAL CT. GRANTED SUM. JDGT

LOCATION: KENTON COUNTY JUSTICE CENTER, 230 MADISON AVENUE,
COVINGTON, KENTUCKY

DATE: Thursday, April 24, 2008

4:00 PM KELLER CAPERTON WINE
ZOEY YOUNG VS UNIVERSITY HOSPITAL OF THE ALBERT B. CHANDLER MED. CTR. INC. ET AL.
2007CA001075
In this medical negligence action, the circuit court dismissed defendant medical center on the basis of sovereign immunity. Appellant alleges the defendants were not entitled to said immunity protection.

LOCATION: KENTON COUNTY JUSTICE CENTER, 230 MADISON AVENUE,
COVINGTON, KENTUCKY

DATE: Friday, April 25, 2008

10:15 AM KELLER CAPERTON WINE
DOUGLAS FULTZ VS COMMONWEALTH OF KENTUCKY
2007CA000203
The appellant is alleging six points of error in this appeal from a Manslaughter in the Second Degree verdict. They include juror tainting as well as sufficiency of the evidence.

11:00 AM KELLER CAPERTON WINE
S.M., A CHILD UNDER EIGHTEEN VS COMMONWEALTH OF KENTUCKY 2007CA001353
This appeal involves the circuit court’s opinion affirming the district court’s ruling that the appellant, a juvenile, who was allegedly not eligible to be declared a juvenile sexual offender due to conviction for two counts of voyeurism was not entitled to an independent sexual assessment.

1:30 PM WINE CAPERTON KELLER
DAVID TIDWELL, IV VS COMMONWEALTH OF KENTUCKY 2007CA000136
Appeal from conviction for TBUT over $300 and PFO II. Denial of motion for directed verdict; denial of lesser-included offense instruction; violation of separation of witness order; denial of motion to suppress evidence seized pursuant to search warrant; denial of motion to suppress photographs and witness identification as unduly suggestive; impeachment of defense witness on collateral matter; cumulative error.

2:15 PM WINE CAPERTON KELLER
GEORGE GLASS VS NANCY GLASS
2007CA000301 2007CA000368
Appeal and cross-appeal from dissolution judgment. Direct appeal: Classification of non-marital property; burden of proof to show that increase in value of non-marital property remains non-marital; and division of marital property. Cross-appeal: classification of a ring which replaced a gifted ring as marital; sufficiency of evidence of value of another ring used to offset ring; existence of agreement regarding disposition of rings.

3:00 PM WINE CAPERTON KELLER
JAMES BROOKS ET AL. VS GRAMS, INC. 2007CA001087
Appeal from summary judgment dismissing vicarious liability claim. Whether the spouse of an employee who is running a work-related errand for the employee has an agency relationship with employer. Existence of genuine issues of material fact.

ARGUMENT CALENDAR: COA for March 2008

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.