August 2011 COA Argument Calendar

August 2011 COA Argument Calendar

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LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Wednesday, August 10, 2011

10:00 AM MOORE, HON. JOY A.
DENVER L. STEWART III v COMMONWEALTH OF KENTUCKY
Appeal from denial of RCr 11.42 and Cr 60.02 motion; issues include whether Appellant received the ineffective assistance of counsel whereby he claims he was advised to enter a guilty plea on charges that violated the double jeopardy clause and for counsel’s alleged failure to make an adequate record.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Thursday, August 11, 2011

10:00 AM WINE, HON. THOMAS B.
MARK STINSON v COMMONWEALTH OF KENTUCKY
Appeal from cond’l guilty plea to first-degree sexual abuse. Whether KRS 510.110(1)(d) and 532.045 areunconstitutionally vague and overbroad in their definition of the terms “position of authority” or “position of special trust”. Whether consent is a defense to a violation of KS 510.110(1)(d). 

10:45 AM
COMMONWEALTH OF KENTUCKY, FINANCE AND ADMIN. CABINET v SAINT JOSEPH
HEALTH SYSTEM, INC.
Whether trial court erred in holding Constellation New Energy – Gas Division, LLC, was not a “utility” for purposes of determining responsibility for payment of school taxes (KRS CH. 160) on its receipts from sales of natural gas to St. Joseph. Also, whether trial court erred in finding St. Joseph was not required to exhaust available administrative remedies prior to filing suit. On cross-appeal, Fayette County Board of Education also challenges the trial court’s rulings that Constellation is not a utility and is exempt from payment of the school tax. On separate cross-appeal, St. Joseph contends the trial court erred in holding it was not constitutionally exempt from the utility tax as a public charity.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Tuesday, August 23, 2011

02:00 PM COMBS, HON. SARA W.
KEVIN PRESCOTT v ALTON CANNON
Foreclosure action in which court found that a settlement agreement to be binding and enforceable and that appellant’s attorney had the authority to settle the case. Appellant (former defendant) sought to vacate. He now appeals denial of his motion.

02:45 PM
DEBBIE ELLEN REHM v FORD MOTOR COMPANY
Premises liability action alleging that Ford Motor Company negligently installed and maintained asbestos in a plant resulting in death of Appellant’s decedent, who suffered extensive exposure during demolition of plant. At issue are several evidentiary  rulings involving medical and other expert opinion.

03:30 PM
KEVIN LAMONT SIMMS v COMMONWEALTH OF KENTUCKY
Appellant seeks reversal of court’s order denying his motion to withdraw his waiver of jury sentencing.  Case of first impression.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Wednesday, August 24, 2011

9:30 AM
CHRIS FELL v JEFFERSON COUNTY BOARD OF EDUCATION
Nine appellants appeal from their litigation wherein they requested to enroll their children in the public school near their home. They complain that the Jefferson County Board of Education requires their children to attend a public school fourteen miles away when there are public schools closer to their home.

10:45 AM
STEVEN HALL v COMMONWEALTH OF KENTUCKY
Appellant appeals his conviction of second degree manslaughter and complains of the trial court’s denial of admission of expert testimony, the admittance of evidence of feelings and the trial court’s allowance of lay witnesses to testify as to the appellant’s mental state.

11:30 AM
KINDRED HOSPITALS LIMITED PARTNERSHIP v SHERON SMITH
Motion to compel arbitration issue.

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