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

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