August 2012 SCOKY Oral Arguments

Click HERE for link for this month’s argument calendar.

Click here for link to 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.

WEDNESDAY, AUGUST 15, 2012

9:00 a.m.
DICK’S SPORTING GOODS, INC., V. WEBB
(2011-SC-518-DG)
“Torts. Open and Obvious Doctrine. At issue is whether summary judgment for the defendant was granted properly under Kentucky River Medical Center v. McIntosh, 319 S.W.3d 385 (Ky. 2010).”

Discretionary Review granted 12/14/2011
Fayette Circuit Court, Judge Kimberly N. Bunnell
Attorneys for Movant: Phillip A. Sammons and Jason Michael Nemes
Attorneys for Respondent: Kelly P. Spencer and Bradly F. Slutskin

Amicus Brief
Appellant’s Brief
Appellant’s Reply Brief
Appellee’s Brief

10:00 a.m.
SHELTON V. KENTUCKY EASTER SEALS SOCIETY, INC.
(2011-SC-554-DG)
“Torts. Open and Obvious Doctrine. At issue is whether summary judgment for the defendant was granted properly under Kentucky River Medical Center v. McIntosh, 319 S.W.3d 385 (Ky. 2010).”

Discretionary Review granted 12/14/2011
Fayette Circuit Court, Judge Thomas L. Clark
Attorneys for Movant: Joseph T. Pepper and George Stephen Schuhmann
Attorneys for Respondent: Gregory Kerr Jenkins, Melissa Ann Wilson and Allison Marie Helsinger

Amicus
Appellant’s Brief
Appellant’s Reply Brief
Appellee’s Brief

11:00 a.m.
BALLARD V. 1400 WILLOW COUNCIL OF CO-OWNERS, INC.
(2010-SC-533-DG) AND (CROSS-MOTION) 1400 WILLOW COUNCIL OF CO-OWNERS, INC. V. BALLARD (2011-SC-584-DG)

“Torts. Slander of Title and Negligence. Issues involve the timeliness of the slander of title claim and the extent of duty owed by a condominium council with regard to an owner’s alleged responsibility to replace a multi-story bay window structure.”

Discretionary Review granted 9/14/2011 and 11/16/2011
Jefferson Circuit Court, Judge Kathleen Voor Montano
Attorneys for Movant/Cross-Respondent: Sheryl G. Snyder, Susan Lynn Williams, Griffin Terry Sumner and John Kendrick Wells IV
Attorneys for Respondent/Cross-Movant: Jon L. Fleischaker, Bradley A. Case and James Lee Adams
(Justice Abramson is recused)

Appellant’s Brief
Appellant’s Reply Brief
Appellee’s Brief
Appellee’s Reply Brief

THURSDAY, AUGUST 16, 2012

9:00 a.m.
TAX EASE LIEN INVESTMENTS 1, LLC V. COMMONWEALTH BANK & TRUST CO., ET AL.
(2011-SC-277-DG)

“Standing of a mortgage lienholder to object to an agreed judgment between the property owner and the purchaser of the property owner’s delinquent property tax liens. Attorneys fees.”

Discretionary Review granted 12/15/2011
Shelby Circuit Court, Judge Charles R. Hickman
Attorneys for Movant: William Edward Skees, P. Blaine Grant and Richard Eric Craig
Attorneys for Respondents: Donald Thomas Prather and M. Thurman Senn

Appellant’s Brief
Appellant’s Reply Brief
Appellee’s Brief

10:00 a.m.
DUNLAP V. COMMONWEALTH OF KENTUCKY
(2010-SC-226-MR)
“Death sentence. Murder, attempted murder. Kidnapping, rape, arson, burglary and tampering with physical evidence.”

Livingston Circuit Court, Judge Clarance A. Woodall III
Attorneys for Movant: Kathleen Kallaher Schmidt, Shannon Renee Dupree and Roy Alyette Durham II
Attorneys for Respondent: David Bryan Abner
(Justice Cunningham is recused)

Appellant’s Brief
Appellant’s Reply Brief
Appellee’s Brief

FRIDAY, AUGUST 17, 2012
9:00 a.m.

WALKER V. BLAIR
(2012-SC-004-DGE)
“Grandparent Visitation. Issues involve evidentiary sufficiency and application of cases including Troxel v. Granville, 530 U.S. 57 (2000) and Vibbert v.
Vibbert, 144 S.W.3d 292 (Ky. App. 2004).”

Discretionary Review granted 3/14/2012
Jefferson Circuit Court, Judge Dolly Jean W. Berry
Attorneys for Movant: Mitchell A. Charney, Stephanie Lynn Morgan-White and Allison Spencer Russell
Attorney for Respondent: Denise Malone Helline

Appellant’s Brief
Appellant’s Reply Brief
Appellee’s Brief

10:00 a.m.
HALE V. COMMONWEALTH OF KENTUCKY
(2011-SC-115-DG)
“Criminal Law. Sex Offenses. Unlawful Transaction with a Minor. The issues include whether a defendant who commits a sex offense with a minor can be convicted of Unlawful Transaction with a Minor rather than the substantive sexual offense. The Court is invited to re-visit its ruling in Young v. Commonwealth, 968 S.W.2d 670 (Ky. 1998).”

Discretionary Review granted 11/16/2011
Christian Circuit Court, Judge John L. Atkins
Attorneys for Movant: William G. Deatherage, Jr. and Mark Alexander Gilbert
Attorneys for Respondent: John Paul Varo and Michael John Marsch
(Justice Cunningham is recused)

Appellant’s Brief
Appellant’s Reply Brief
Appellee’s Brief

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