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)

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