August 2012 Court of Appeals Argument Calendar

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LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Tuesday, August 14, 2012

01:30 PM
JOHN W. MASON III v COMMONWEALTH OF KY, CABINET FOR HEALTH AND FAMILY
SERVICES
Appeal from jury verdict in employment discrimination case. The issue is whether the language used in the instructions to the jury was erroneous.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Tuesday, August 28, 2012

10:00 AM
LAWRENCE HILL v JACQUELINE HILL
Whether circuit court erred by denying appellant’s motion to modify maintenance obligation.

10:45 AM
TRACY MCCLAIN v COMMONWEALTH OF KENTUCKY
Whether circuit court properly denied motion to suppress evidence.

11:30 AM
BULLITT COUNTY BOARD OF HEALTH v BULLITT COUNTY FISCAL COURT
Whether circuit court properly invalidated Bullitt County Board of Health’s regulation banning smoking in public places and certain outdoor venues within Bullitt County.

01:30 PM
MARC BUCHANAN v COMMONWEALTH OF KENTUCKY
Buchanan argues that the court erred when it: denied his motion for directed verdict on a tampering with evidence charge; denied his motion for a new trial based on prosecutorial misconduct; instructed the jury on wanton assault; and permitted the jury to “re-deliberate” after reading a verdict of not guilty, which was apparently erroneous.

02:15 PM
JASON RUSSELL v COMMONWEALTH OF KENTUCKY
Russell appeals the court’s denial of his RCr 11.42 motion as untimely, arguing that his mental illness prevented him from timely filing that motion.

LOCATION: WESTERN KENTUCKY UNIVERSITY, MASS MEDIA AND
TECHNOLOGY HALL, ROOM 166, NORMAL DRIVE, BOWLING GREEN,
DATE: Tuesday, August 28, 2012

11:00 AM
ATMOS ENERGY CORPORATION v BILLY JOE HONEYCUTT
Gas royalties dispute: appeal and cross-appeal from a jury verdict; issues include whether Atmos was entitled to judgment as a matter of law on claims for conversion, negligence, tortious interference with contract and fraud; whether the trial court should have granted a new trial regarding jury instructions, failure to strike jurors and evidentiary rulings; whether Atmos’ failure to implead another party precludes judgment in Atmos’ favor; and whether the award of damages was proper.

01:30 PM
DEENA REICHWEIN v JACKSON PURCHASE ENERGY CORPORATION
Appeal from summary judgment in wrongful death personal injury action alleging failure to view the facts in the light most favorable to the non-moving party and prematurely granting summary judgment before appellant was given sufficient discovery and other arguments.

02:15 PM
JOSE PADILLA v COMMONWEALTH OF KENTUCKY
United States Supreme Court found that appellant was entitled to advice about the immigration consequences of his guilty plea to trafficking in more than five pounds of marijuana. The case was remanded to the Hardin Circuit Court and, after an evidentiary hearing, the court found that counsel’s advice had been deficient but the error did not prejudice the appellant. Appellant appeals that ruling.

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