Kentucky Court Report - SCOKY & COAKY

December 2011 SCOKY Oral Arguments set for Dec. 14 and 15, 2011

December 2011    SCOKY Oral Arguments

Click on above link for this month's argument calendar.

Click here for table of all monthly calendars at AOC from 2005 to date.

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, DECEMBER 14, 2011

9:00 a.m. CARTER V. SMITH, ET AL. (2010-SC-295-DG)
"Open Meetings. Exceptions. Personnel and Litigation. Issues involve the applicability of the personnel and litigation open meetings exceptions to a closed school board meeting considering potential resignation of a school superintendent as well as his potential subsequent retention on a 12-month consulting contract."
Discretionary Review granted 3/16/2011
Bourbon Circuit Court, Judge Paul F. Isaacs
For Movant: Joe Francis Childers, Jr.
For Respondents: Neil Edward Duncliffe and Sam Preston Burchett

Appellant's Brief

Appellee's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. DRIVER V. COMMONWEALTH OF KENTUCKY (2009-SC-639-DG)
"First degree assault – 15 years."
Discretionary Review granted 12/9/2010
Marshall Circuit Court, Judge Dennis Foust
For Movant: Samuel N. Potter
For Respondent: Joshua D. Farley

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. MITCHELL V. UNIVERSITY OF KENTUCKY, ET AL. (2010-SC-762-TG )
"Termination of employee for violating university policies prohibiting anyone from bringing a deadly weapon on university property."
Fayette Circuit Court, Judge Pamela Goodwine
For Movant: Christopher Derek Hunt
For Respondents: Barbara Ann Kriz

 

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae

Amicus Curiae

Amicus Curiae

THURSDAY, DECEMBER 15, 2011

9:00 a.m. OSBORNE V. KEENEY, ET AL. (2010-SC-397-DG) AND KEENEY V.
OSBORNE, ET AL. (2010-SC-430-DG)
"Legal Malpractice. Emotional Distress. Damages. Issues include:
1. Whether a physical touching is still required for a Plaintiff to recover emotional distress damages;
2. Whether a Plaintiff may recover “lost punitive” damages in a legal malpractice claim;
3. Whether CR 8.01 limits the damages a Plaintiff may recover;
4. Whether and how a Plaintiff may file an Amended Complaint to include the Defendant’s insurance company;
5. Must the trial court instruct the jury on and must the jury make findings on the “case-within-a-case;”
6. Did the trial court err by using “should have realized” language in the fraud instruction, and
7. Did the Court of Appeals, by affirming in part and reversing in part, create an unconstitutional ratio between compensatory and punitive damages such that the punitive award is now excessive?"
Discretionary Review granted 5/11/2011
Jefferson Circuit Court, Judge Martin F. McDonald
For Osborne: LeRoy E. Sitlinger, Jr.
For Keeney: Sheryl G. Snyder, Matthew W. Breetz, Griffin Terry Sumner and Andrew Graham Beshear
For Carolina Casualty Insurance and Monitor Liability Managers: Douglas Cain Ballantine, Joseph Kent Durning and Amy Olive Wheeler

Appellant's Brief

Appellant's Brief

Appellee's Brief

Appellee's Brief

Appellee's Brief

Appellant's Reply Brief

Appellant's Reply Brief

10:00 a.m. COMMONWEALTH OF KENTUCKY V. O'CONNER (2010-SC-343-DG)
"Criminal law. First-Degree Criminal Abuse. The issue is whether the Commonwealth presented sufficient evidence to support a verdict for intentional abuse where the defendant argued the acts toward the children were the result of poverty and poor parenting skills."
Discretionary Review granted 3/16/2011
Pulaski Circuit Court, Judge David A. Tapp
For Movant: David Wayne Barr
For Respondent: Kathleen Kallaher Schmidt

Appellant's Brief

Appellee's Brief

11:00 a.m. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. V. ROBERTS
(2010-SC-069-DG)
"Mortgages. Judgment Liens. Equitable Subrogation. Issues include the prioritization of liens in a foreclosure action."
Discretionary Review granted 4/13/2011
Henderson Circuit Court, Judge Stephen Hayden
For Movant: Thomas Morgan Ward, Jr., Bethany A. Breetz and Chadwick Aaron McTighe
For Respondent: Kenneth S. Kasacavage

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

FRIDAY, DECEMBER 16, 2011
NO ORAL ARGUMENTS

November 2011 SCOKY Oral Arguments

November 2011   SCOKY Oral Arguments

Click on above link for this month's argument calendar.

Click here for table of all monthly calendars at AOC from 2005 to date.

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, NOVEMBER 16, 2011
9:00 a.m. TECO MECHANICAL CONTRACTOR, INC. V. COMMONWEALTH OF KENTUCKY, ENVIRONMENTAL AND PUBLIC PROTECTION CABINET, ET AL. (2009-SC-821-DG)

"Constitutional Law. Prevailing Wage Act. Issues include constitutional challenges to the prevailing wage laws, KRS 337.505-337.550."
Discretionary Review granted 3/16/2011
Franklin Circuit Court, Judge Roger Crittenden
For Movant: Gerry L. Calvert, David J. Guarnieri and Woodson C. Hopkins
For Respondents: Mark Francis Bizzell, Irwin H. Cutler, Jr., Everett Clay Hoffman and David A. Velander

Appellant's Brief

Appellee's Brief

Appellee's Brief

Appellant's Reply Brief

Appellee's Brief

10:00 a.m. SINGLETON V. COMMONWEALTH OF KENTUCKY (2010-SC-078-DG)

"Criminal Law. Search and Seizure. Vehicle Checkpoint. Issues include the constitutionality of vehicle checkpoint established to check compliance with city ordinance that required all residents of the city and all those working in the city to display a sticker on their vehicles."
Discretionary Review granted 12/8/2010
Casey Circuit Court, Judge James G. Weddle
For Movant: Theodore H. Lavit and Cameron Cole Griffith
For Respondent: Michael Louis Harned and Christian Kenneth Ray Miller

Appellant's Brief

Appellee's Brief

11:00 a.m. WADE V. POMA GLASS & SPECIALTY WINDOWS, INC., ETC.
(2010-SC-572-DG)

"Statute of Limitations. Judgments. Issues include how broadly to construe the word “execution” as used in KRS 413.090, the statute of limitations applicable to judgments."
Discretionary Review granted 4/13/2011
Jefferson Circuit Court, Judge Audra Jean Eckerle
For Movant: Philip Clyde Kimball
For Respondent: Gregory Watson

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

THURSDAY, NOVEMBER 17, 2011

9:00 a.m. KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION, ET AL. V.
CECIL (2010-SC-349-DG)
"Unemployment Benefits. KRS 341.370(6). The issues are: 1. Whether the “willful and wanton” standard still applies to specific misconduct enumerated under KRS 341.370(6), and 2. Whether the Water Company’s instruction to Cecil to sign a “last chance” employment agreement was reasonable."
Discretionary Review granted 3/16/2011
Jefferson Circuit Court, Judge Martin F. McDonald
For Movants: James Chesnut Maxson, Donna King Perry and Loren Teller
Prizant
For Respondent: Callie Elizabeth Walton

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. K. R., ETC. V.COMMONWEALTH OF KENTUCKY (2010-SC-076-DG)
"Juvenile. Criminal Law. Issues include the propriety of granting a writ of mandamus to compel transfer of a juvenile to circuit court based upon KRS 635.020(4)."
Discretionary Review granted 3/16/2011
Jefferson Circuit Court, Judge Martin F. McDonald
For Movant: Bruce P. Hackett, Elizabeth B. McMahon and Emily Nicole
Farrar-Crockett
For Respondent: Samuel Joseph Floyd, Jr. and Dorislee J. Gilbert

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. GIBSON, ETC. V. FUEL TRANSPORT, INC. (2010-SC-072-DG) AND (CROSS-MOTION) FUEL TRANSPORT, INC. V. GIBSON, ETC. (2010-SC-682-DG)

"Negligence. Personal Injury. Damages. This case involves a collision between a car and a coal truck. The issues include:
1. Whether punitive damages are available;
2. Whether the damages awarded by the jury were excessive;
3. Whether juror misconduct warrants a new trial;
4. Whether the trial court gave erroneous jury instructions and the objections to these instructions were not waived;
5. Whether the trial court erred by failing to change venue;
6. Whether a party has waived the right to challenge errors related to compensatory damages, and
7. Whether the trial court erred by awarding post-judgment interest at 12%."

Discretionary Review granted 10/13/2010 and 12/9/2010
Knott Circuit Court, Judge Kimberly Childers
For Movant/Cross-Respondent: Adam Peter Collins and Nathaniel Leslie Collins
For Respondent/Cross-Movant: Ronald L. Green, Virginia Hamilton Snell, Deborah H. Patterson, Sara Christine Veeneman and Carl William Walter

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Appellee's Reply Brief

FRIDAY, NOVEMBER 18, 2011
NO ORAL ARGUMENTS

 

October 2011 SCOKY Oral Arguments

October 2011 SCOKY Oral Arguments

Click on above link for this month's argument calendar.

Click here for table of all monthly calendars at AOC from 2005 to date.

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, OCTOBER 19, 2011
9:00 a.m. HASHMI, M.D. V. KELLY, ETC. (2009-SC-843-DG)
"Medical Malpractice. Expert Witnesses. Witness Disclosure. Issues include the admissibility of expert witness testimony by the defendant where the plaintiff  took expert’s deposition but defendant failed to disclose his intent to utilize deposition as expert testimony."

Discretionary Review granted 12/08/2010
Madison Circuit Court, Judge William T. Jennings
For Movant: Steven Glenn Kinkel and John Christian Lewis
For Respondent: Kenneth L. Sales, Paul Jason Kelley, and David G. Bryant

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. MAYNES V. COMMONWEALTH OF KENTUCKY (2010-SC-681-DG)
"Criminal Law. Indigent or Needy Person. Court Costs. The issue is whether the trial court can order a defendant, previously found to be indigent, to pay court costs as part of defendant's final sentencing."

Discretionary Review granted 3/16/2011
Jefferson Circuit Court, Judge Audra Jean Eckerle
For Movant: Bruce P. Hackett
For Respondent: James Hays Lawson

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. SCHNUERLE, ET AL. V. INSIGHT COMMUNICATIONS COMPANY, L.P., ET AL. (2008-SC-789-DG) AND (CROSS-MOTION) INSIGHT COMMUNICATIONS COMPANY, L.P., ET AL. V. SCHNUERLE, ET AL. (2009-SC-390-DG)
"Contracts. Arbitration. Issues include the validity of mandatory dispute resolution contract clauses barring consumer class actions."

Discretionary Review granted 6/17/2009 and 8/19/2009
Jefferson Circuit Court, Judge A. C. McKay Chauvin
For Movants: H. Philip Grossman, Jennifer Ann Moore, Leslie A. Bailey, Frank Paul Bland, Jr., and Melanie Hirsch
For Respondents: Laurence John Zielke, Nancy Jane Schook, Janice M. Theriot and David N. Hise

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Appellant's Reply Brief

Appellee's Reply Brief

Appellee's Supplemental Brief

Amicus Curiae Brief

Amicus Curiae Brief

Amicus Curiae Brief

Amicus Curiae Brief

THURSDAY, OCTOBER 20, 2011
9:00 a.m. DAUGHERTY (NOW BUCHER) V. TELEK (2011-SC-43-DGE)
"Emergency Protective Orders. Domestic Violence Orders. Time for Hearing. The issue is whether statutory time frames involve general subject matter jurisdiction, which cannot be waived, or are jurisdictional aspects of the particular case, which can be waived by a party."

Discretionary Review granted 3/16/2011
Kenton Circuit Court, Judge Christopher J. Mehling
For Movant: Dina Abby Bartlett and Michael Joseph Jurek
For Respondent: Carl Edwin Knochelmann, Jr.

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae Brief

10:00 a.m. DOTSON V. COMMONWEALTH OF KENTUCKY (2010-SC-222-DG)
"Criminal Law. Post-Conviction. RCr 11.42. The issue is whether a defendant who has served out his sentence prior to the lower courts’ adjudication of his post-conviction claim can proceed with his case or are the issues moot thus meriting a dismissal of the claims. The Court has been invited to re-examine its ruling in Parrish v. Commonwealth, 283 S.W.3d 675 (Ky. 2009)"

Discretionary Review granted 1/14/2011
Pike Circuit Court, Judge Steven D. Combs
For Movant: Meggan Elizabeth Smith
For Respondent: Perry Thomas Ryan

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. CONNIE HANCOCK, FLOYD COUNTY PROPERTY VALUATION ADMINISTRATOR, ET AL. V. PRESTONSBURG INDUSTRIAL CORPORATION, ET AL. (2010-SC-376-DG)
"Charitable Organizations. Tax Exemptions. The issue is whether Prestonsburg Industrial Corporation (“PIC”) is a charitable organization under Kentucky Constitution § 170 and thus exempt from ad valorem taxes."

Discretionary Review granted 3/16/2011
Floyd Circuit Court, Judge Danny P. Caudill
For Movants: Douglas M. Dowell and Dwight Stacy Marshall
For Respondents: Richard E. Fitzpatrick, Thomas M. Smith and
Martin L. Osborne

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

FRIDAY, OCTOBER 21, 2011
NO ORAL ARGUMENTS

SCOKY Arguments for 9 am on 9/14/2011 cancelled; the remaining to arguments are still on the calendar

September 2011 SCOKY Oral Arguments

September 2011 SCOKY Oral Arguments

Click on above link for this month's argument calendar.

Click here for table of all monthly calendars at AOC from 2005 to date.

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, SEPTEMBER 14, 2011

9:00 a.m. B. DAHLENBURG BONAR, PSC, ET AL. V. WAITE, SCHNEIDER, BAYLESS
& CHESLEY CO., L.P.A., ET AL. (2010-SC-087-DG)
"Class Action Litigation. Attorneys’ Fees. The issues include whether and to what extent a former class action co-counsel is entitled to recover fees following settlement of the class action lawsuit."
Discretionary Review granted 1/14/2011
Boone Circuit Court, Judge Robert McGinnis
For Movants: William C. Rambicure, Stephen D. Wolnitzek and Christopher B. Rambicure
For Respondents: James M. Gary, Sheryl G. Snyder, Griffin Terry Sumner and John Kendrick Wells IV
(Note: Justice Schroder is recused)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. DOCTORS' ASSOCIATES, INC. V. UNINSURED EMPLOYERS' FUND,
ET AL. (2010-SC-658-WC)
"Workers’ Compensation. Whether KRS 342.610(2)(b) encompasses a franchisor/franchisee relationship and permits a franchisor to be considered the up-the-ladder employer of its uninsured franchisee’s employee."
For Appellant: Walter L. Sales and Todd Smith Page
For Appellees: James Robert Carpenter, Kevin Russell Mullins, John Barry
Coleman and Dwight Taylor Lovan

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae

11:00 a.m. VISION MINING, INC., V. GARDNER, ET AL. (2010-SC-311-WC) AND
PEABODY COAL COMPANY V. MARTINEZ, ET AL. (2010-SC-438-WC)
"Workers’ Compensation. Whether KRS 342.316’s consensus procedure and “clear and convincing” evidentiary standard for overcoming an unfavorable consensus deny workers claiming benefits for coal workers’ pneumoconiosis equal protection by treating them differently than workers who claim benefits for other occupational pneumoconioses or diseases."
For Vision Mining: Anthony Kenneth Finaldi and John Edward Ballerstedt, Jr.
For Gardner, et al.: Thomas E. Springer III, Douglas Wayne Gott and Dwight
Taylor Lovan
For Peabody Coal: Peter J. Glauber
For Martinez, et al: Thomas E. Springer III, Russell Scott Borders, Christopher
H. Smith and Dwight Taylor Lovan

Appellant's Brief

Appellee's Brief

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae

SCOKY Oral Arguments for August 2011

 SCOKY Oral Arguments for August 2011

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, AUGUST 17, 2011

9:00 a.m. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. V. BALDWIN
(2010-SC-144-DG)
    "Uninsured Motorist Coverage. The issue is whether a tarp hitting a truck is a “strike” covered by the uninsured motorist policy."
Discretionary Review granted 10/13/2010
Grant Circuit Court, Judge Stephen L. Bates
For Movant: Robert Barry Cetrulo
For Respondent: Charles Estill Bullard and Kenneth Sizemore

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. REYNOLDS V. SAFECO INSURANCE COMPANY OF ILLINOIS
(2010-SC-665-DG)
    "Uninsured Motorist Coverage. The issue is whether a naturally occurring condition, specifically a chunk of ice allegedly breaking off of a truck and smashing the insured’s windshield, is a “hit” covered by the insured’s motor vehicle insurance policy."
Discretionary Review granted 1/14/2011
Bath Circuit Court, Judge William B. Mains
For Movant: David Allen Barber and Paula Gay Richardson
For Respondent: David Lee Sage II

Appellant's Brief

Appellee's Brief

11:00 a.m. INTERLOCK INDUSTRIES, INC., ET AL. V. RAWLINGS, ET AL.
(2010-SC-264-DG) AND ROSENMAN'S INC. V. RAWLINGS, ET AL.
(2010-SC-352-DG) AND KENTUCKY FLATBED COMPANY, LLC V.
RAWLINGS, ET AL. (2010-SC-368-DG)
    "Statute of Limitations. Personal Injury. MVRA. Issues include whether the KRS 413.140(1) one-year personal injury statute of limitations or the KRS 304.39- 230 two-year MVRA statute of limitations applies to the injury suffered by a trucker when he was
struck by part of his load of aluminum bundles as he was rolling up tie-down straps beside the flatbed truck being unloaded."
Discretionary Review granted 12/08/2010
Shelby Circuit Court, Judge Thomas McDonald
For Interlock Industries and Ohio Valley Aluminum Company: Wayne J. Carroll
and Deborah Lynne Harrod
For Rawlings: Brien Glenn Freeman and Todd Kevin Childers
For Rosenman's Inc.: Robert E. Stopher and Robert Dmitri Bobrow
For Kentucky Flatbed Company: John Gary McNeill and Elizabeth Anna
Deener
For Anthem Health Plans of Ky.: Deborah Lynne Harrod, Gene Forrest Price and
Joshua Taylor Rose

11:00a Interlock Industries v. Rawlings, 2010-SC-264, 2010-SC-352, 2010-SC-368

Appellant's Brief

Appellant's Brief

Appellant's Brief

Appellee's Brief

Appellee's Brief

Appellee's Brief

Appellee's Brief

        Appellant's Reply Brief

Appellant's Reply Brief

Appellant's Reply Brief

Amicus Curiae

THURSDAY, AUGUST 18, 2011
9:00 a.m. CHILDERS, ET AL. V. GEILE, M.D., ET AL. (2009-SC-790-DG)
"Summary Judgment. Whether the tort of outrage may be prosecuted along with the tort of negligence and other traditional common law torts."
Discretionary Review granted 12/9/2010
Montgomery Circuit Court, Judge William B. Mains
For Movants: Heidi Beth Engel, Anne Milton McMillin and Charles Edward
Johnson
For Respondents: Kenneth W. Smith and Johann Frederick Herklotz
(Rescheduled from June 9, 2011)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. INTER-TEL TECHNOLOGIES, INC., ET AL. V. LINN STATION
PROPERTIES, LLC, ET AL. (2009-SC-819-DG)
"Corporations. Issues include the permissibility of piercing the corporate veil of a grandparent corporation to collect on a default judgment against the subsidiary corporation."
Discretionary Review granted 12/9/2010
Jefferson Circuit Court, Judge Irvin G. Maze
For Movants: Scott David Spiegel and William Henry Mooney
For Respondent Linn Station Properties: Ridley M. Sandidge, Jr.
(Rescheduled from June 8, 2011)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. SCHULTZ V. GENERAL ELECTRIC HEALTHCARE FINANCIAL SERVICES,
INC., ET AL. (2010-SC-183-DG)
"Summary Judgment. Piercing the Corporate Veil."
Discretionary Review granted 12/9/2010
Jefferson Circuit Court, Judge Stephen L. Bates
For Movant: Bruce Alan Brightwell
For Respondents: Sheryl G. Snyder, Steven M. Crawford, Griffin Terry Sumner
and Tanya Yarbrough Bowman
(Rescheduled from June 8, 2011)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

 

FRIDAY, AUGUST 19, 2011
NO ORAL ARGUMENTS

 

 

 

 

 

 

 

 

 

 

SCOKY Oral Arguments for June 2011

  SCOKY Oral Arguments for June 2011

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, JUNE 8, 2011

9:00 a.m. NO ORAL ARGUMENT

10:00 a.m. COMMONWEALTH OF KENTUCKY V. PETERS (2010-SC-074-DG)
"Criminal Law. Discovery. Judicial Discretion. Issues include whether trial court
has authority to compel the attendance of a witness at a pretrial conference. "
Discretionary Review granted 10/13/2010
Shelby Circuit Court, Judge Charles R. Hickman
For Movant: Courtney J. Hightower
For Respondent: Alan Quincy Zaring and David Shawn Sullivan

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. COMMONWEALTH OF KENTUCKY V. LEINENBACH (2010-SC-091-DG)
"RCr 11.42. Ineffective assistance of counsel."
Discretionary Review granted 12/8/2010
Hancock Circuit Court, Judge Ronnie C. Dortch
For Movant: David Wayne Barr
For Respondent: Joseph R. Eggert and Michael L. Goodwin
(Note: Chief Justice John D. Minton, Jr. is recused)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

THURSDAY, JUNE 9, 2011

9:00 a.m. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY
SERVICES, ET AL. V. RENEE IVY, NOW KNIGHTEN
(2010-SC-527-DGE)
"Child Support. Contempt of Court. Issues include the amount of child support as
well as arrearages to be paid by a non-custodial parent receiving SSI benefits."
Discretionary Review granted 12/8/2010
McCracken Circuit Court, Judge Cynthia E. Sanderson
For Movants: Lisa Frazier Osborne, Deanna Wise Henschel and Karen Alderdice
For Respondent: Kathleen Kallaher Schmidt

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. WILLIAMS V. COMMONWEALTH OF KENTUCKY (2010-SC-138-DG)
"Criminal Law. Stop. Search. The issue is whether an officer must have
reasonable articulable suspicion particularized to a person standing in a public
place talking to people who possess marijuana and have guns concealed on
them before the officer can order the "innocent" suspect to the ground and pat
him down."
Discretionary Review granted 10/13/2010
Jefferson Circuit Court, Judge Frederic J. Cowan
For Movant: Bruce P. Hackett
For Respondent: Michael Louis Harned and Micah Brandon Roberts

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. GOLDSMITH V. COMMONWEALTH OF KENTUCKY (2009-SC-768-DG)
"Criminal Law. Probation Revocation. Issues relate to the probation revocation
process and the length of sentence imposed, specifically three consecutive fiveyear
terms for Class D felonies, to be served consecutively with similar terms in a
neighboring county."
Discretionary Review granted 6/9/2010
Hickman Circuit Court, Judge Timothy A. Langford
For Movant: Julia Karol Pearson
For Respondent: Matthew Robert Krygiel

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

FRIDAY, JUNE 10, 2011
NO ORAL ARGUMENTS

 

 

 

 

 

Update: Oral argument scheduled over "owner" of dog relative to dog attacks and bites. Does it include the apartment OWNER as opposed to just the tenant? One COA says no, One COA says yes, and now SCOKY has a shot at it.

Yesterday, I posted the Nonpublished COA decision holding that "owner" of a dog would and could include an apartment building landlord regarding a dog owned by one of his or her tenants. 

I was reminded by a reader that this issue is current pending oral argument this THURSDAY at the Kentucky Supreme Court.  For Kentucky Supreme Court LIVE arguments, click here on date and time of argument.

Here is the extract of the argument calendar:

THURSDAY MAY 12, 2011
11:00 a.m. BENNINGFIELD, ETC. V. ZINSMEISTER, DECEASED, ET AL. (2009-SC-660-DG)

"Animal control. KRS 258.235(4). Issues include whether a landlord is strictly liable as a KRS 258.095(5) “owner” for injuries inflicted by a tenant’s dog and, ifso, whether the liability extends to injuries inflicted off the leased premises."

Discretionary Review granted 11/10/2010

Jefferson Circuit Court, Judge Judith E. McDonald-Burkman

For Movant: Vanessa B. Cantley and John Lewis Smith

For Respondents: Douglas Bruce Taylor

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

SCOKY Oral Arguments for May 2011

  SCOKY Oral Arguments for May 2011

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, MAY 11, 2011

------------------CANCELLED------------------------------------------------------------------

9:00 a.m. STAPLETON V. CITIZENS NATIONAL CORPORATION, ETC.

(2010-SC-098-DG)

"Personal Injury. Slip and Fall. The question is the extent to which an owner of business premises owes a duty to patrons with respect to natural outdoor hazards that are obvious to the invitee as to the owner of the premises."

Discretionary Review granted 11/10/2010
Johnson Circuit Court, Judge John David Preston
For Movant: Donald Wayne McFarland
for Respondent: Susan L. Maines and Jonathan David Weber

Appellant's Brief

Appellee's Brief

Amicus Curiae

10:00 a.m. COMMONWEALTH OF KENTUCKY V. JONES (2010-SC-123-DG)

"Criminal Law. Probation Revocation. Self Incrimination. Use Immunity. The
issue is whether the trial court's failure to continue the probation revocation  hearing until the Commonwealth obtained a conviction on the new substantive offense which was the basis for requesting revocation or alternatively grant the defendant "use immunity" unconstitutionally forced the defendant to choose between asserting his right against self incrimination and his right to present a meaningful and complete defense."

Discretionary Review granted 9/15/2010

Hardin Circuit Court, Judge Eddy Coleman

For Movant: James Hays Lawson

For Respondent: Shelly R. Fears

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

 

11:00 a.m. BARKER V. COMMONWEALTH OF KENTUCKY (2010-SC-116-DG)

"Probation Revocation. The issue is whether the trial court properly revoked the defendant's probation based on his arrest for another felony prior to any conviction for said felony."

Discretionary Review granted 8/18/2010

Graves Circuit Court, Judge Dennis Foust

For Movant: Frederick W. Rhynhart

For Respondent: Joshua D. Farley

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

THURSDAY, MAY 12, 2011

9:00 a.m. ANDERSON V. JOHNSON (2010-SC-646-DGE)

"Child Custody. Modification. Issues include whether factual findings are required in ruling upon post-dissolution motions to modify parental timesharing to accommodate relocation of one joint custodian."

Discretionary Review granted 1/14/2011

Franklin Circuit Court, Judge Reed Rhorer

For Movant: William David Tingley

For Respondent: Max Harding Comley

Appellant's Brief

Appellee's Brief

10:00 a.m. KEIFER V. KEIFER (2010-SC-694-DGE)

"Child Custody. Modification. Issues include whether factual findings are required in ruling upon post-dissolution motions to modify parental timesharing to accommodate relocation of one joint custodian."

Discretionary Review granted 1/14/2011

Hardin Circuit Court, Judge Pamela Addington

For Movant: Douglas E. Miller

For Respondent: Phyllis K. Lonneman and Dawn Lonneman Blair

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. BENNINGFIELD, ETC. V. ZINSMEISTER, DECEASED, ET AL. (2009-SC-660-DG)

"Animal control. KRS 258.235(4). Issues include whether a landlord is strictly liable as a KRS 258.095(5) “owner” for injuries inflicted by a tenant’s dog and, ifso, whether the liability extends to injuries inflicted off the leased premises."

Discretionary Review granted 11/10/2010

Jefferson Circuit Court, Judge Judith E. McDonald-Burkman

For Movant: Vanessa B. Cantley and John Lewis Smith

For Respondents: Douglas Bruce Taylor

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

FRIDAY, MAY 13, 2011

NO ORAL ARGUMENTS

 

 

SCOKY Oral Arguments for April 2011

SCOKY Oral Arguments for April 2011

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.

 

SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

 

WEDNESDAY, APRIL 13, 2011

9:00 a.m. SHAWNEE TELECOM RESOURCES, INC., ETC. V. BROWN

(2009-SC-574-DG)

"Dissenter's Rights. Corporations. The issue is by what method the trial court

should value the dissenting sharholder's stock shares."

Discretionary Review granted 9/15/10

Fayette Circuit Court, Judge Gary D. Payne

For Movant: Derise Duane Cook

For Respondent: Clark Philip Case and Jessica K. Case

 

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae

 

 

10:00 a.m. JACKSON V. COMMONWEALTH OF KENTUCKY (2009-SC-115-DG)

"Criminal Law. Juvenile Code. Jurisdiction. Preservation. Issues include

whether a guilty plea waives juvenile's right to later challenge transfer from

juvenile court to circuit court or whether the issue is one of subject matter

jurisdiction; and whether transfer based upon an "enhanced charge" because of

juvenile's possession of firearm was improper."

Discretionary Review granted 10/13/10

McCracken Circuit Court, Judge Craig Z. Clymer

For Movant: Rebecca Lynn Hobbs

For Respondent: Joshua D. Farley

 

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

 

11:00 a.m. MADISON COUNTY FISCAL COURT, ET AL. V. KENTUCKY LABOR

CABINET, ET AL. (2010-SC-322-TG)

"Declaratory Judgment. Sovereign Immunity. Firefighters' overtime wages."

Franklin Circuit Court, Judge Thomas D. Wingate

For Movant: Douglas L. McSwain, Derrick Thomas Wright, Steven Charles

Martin, Matthew C. Smith, and William A. Dykeman

For Respondent: David Nelson Shattuck, Melissa Jan Williamson, and David

O'Brien Suetholz

 

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae

Amicus Curiae

 

 

THURSDAY, APRIL 14, 2011

9:00 a.m. WOODSON V. WOODSON (2010-SC-053-DG)

"Domestic Relations. Maintenance. Issues include whether the rule set out in

Dame v. Dame, 628 S.W.2d 625 (Ky. 1982), that lump sum maintenance is not

modifiable should be revisited."

Discretionary Review granted 11/10/10

Jefferson Circuit Court, Judge Dolly Jean W. Berry

For Movant: Michael Richard Slaughter

For Respondent: James Paul McCrocklin

Appellant's Brief

Appellee's Brief

 

 

10:00 a.m. COMMONWEALTH OF KENTUCKY V. JOHNSON (2009-SC-589-DG)

"Criminal Law. Flagrant Nonsupport. Probation Revocation Hearing. At issue is

whether a defendant's legitimate inability to make child support payments,

required as a probation condition, may be considered prior to revoking

probation for failure to make the payments."

Discretionary Review granted 3/10/10

Graves Circuit Court, Judge Timothy C. Stark

For Movant: William Robert Long, Jr.

For Respondent: V. Gene Lewter

 

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

 

11:00 a.m. COMMONWEALTH OF KENTUCKY V. MARSHALL (2009-SC-229-DG) AND

(CROSS-MOTION) MARSHALL V. COMMONWEALTH OF KENTUCKY

(2010-SC-348-DG)

"Criminal Law. Probation Revocation. Flagrant Nonsupport. Issues involve the

adequacy of factual findings in support of probation revocation for flagrant

nonsupport, a charge contested on the merits as grounded upon legitimate

inability to make agreed child support payments as ordered as a probation

condition."

Discretionary Review granted 5/12/10 and 8/18/10

Graves Circuit Court, Judge Timothy C. Stark

For Movant: Joshua D. Farley

For Respondent: Kathleen Kallaher Schmidt

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Appellee's Reply Brief

 

 

FRIDAY, APRIL 15, 2011

9:00 a.m. TURNER V. NELSON, ETC., ET AL. (2010-SC-356-DG)

"Torts. Negligent Supervision. Issues include whether a civil cause of action

can be grounded upon a teacher’s failure to report (pursuant to KRS 620.030)

the alleged inappropriate touching of a five-year-old girl by another five-year-old

girl at school."

Discretionary Review granted 11/10/10

Fayette Circuit Court, Judge Sheila R. Isaac

For Movant: Mark S. Fenzel, Dana Lucas Collins and Kevin Lee Chlarson

For Respondent: J. Dale Golden, Michael T. Davis, and Melissa Thompson

 

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

 

10:00 a.m. COMMONWEALTH OF KENTUCKY V. NASH (2010-SC-065-DG)

"Criminal Law. Sex Offender Registration Act (SORA). Ex post facto law.

Issues include the effects of the 2006 Amendments to SORA on this Court's

opinion in Peterson v. Shake, 120 S .W.3d 707 (Ky. 2003); and whether the

increased penalty for failure to register as a sex offender is an ex post facto

violation where the duty to register began prior to the 2000 Amendments to

SORA and the violation occurred after 2006 Amendments to SORA."

Discretionary Review granted 10/13/10

Fayette Circuit Court, Judge Pamela Goodwine

For Movant: James Coleman Shackelford

For Respondent: Samuel N. Potter

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief