COA Argument Calendar for January 2008

Here is the link to all the arguments to be heard by Kentucky Court of Appeals for the Month of January 2008.  Here are the cases, panel, case number, dates and times, and issues, but check the actual list for locations, counsel, and more.   Some issues are:

  • Jan. 8, 2008
    • 9:15 AM STUMBO DIXON WINE
      PRISCILLA PARKER VS PEDIATRIC ACUTE CARE, P.S.C. 2007CA000548
      Appeal from Summary Judge granted in retaliatory discharge and sexually hostile work environment case; sufficiency of evidence to overcome motion for summary judgment granted employer.
    • 1:00 PM KNOPF MOORE VANMETER
      TINA CONNER VS PAUL PATTON 2007CA000575
      Appeal from an order dismissing Connor’s second lawsuit against Patton as being barred on the ground of res judicata.
    • 1:45 PM NICKELL CLAYTON GRAVES
      GREG HOPPE VS MELISSA TALLENT 2007CA000104
      Whether court abused its discretion in denying a father’s motion to reinstate visitation with his daughter. Father had joint custody of daughter until allegations of improper contact arose. Father claims allegations are suspect because were never reduced to a formal charge and may have been ill-motivated.
    • 2:30 PM CLAYTON NICKELL GRAVES
      CHARLES BEALL ET AL. VS OAKWOOD COMMUNITY CENTER 2007CA000268
      Wrongful death and residents’ rights case appealing the dismissal of a claim under the Resident’s Rights Statute, KRS 216.515. Issue is whether the General Assembly has waived sovereign immunity for claims brought against the Oakwood Community Center under RRS.
  • Jan. 16, 2008
    • 2:00 PM TAYLOR THOMPSON BUCKINGHAM
      CHARLES WILLIAMS ET AL. VS PRIMARY CARE ASSOCIATES OF SOUTHERN KY, PLLC ET AL. 2006CA002610
      Whether trial court properly granted mistrial after jury returned $800,000 verdict; whether trial court erred in failing to restrict second trial to issue of damages only.
    • 2:45 PM TAYLOR THOMPSON BUCKINGHAM
      P. C. VS J. J. 2007CA000925
      Whether circuit court properly designated appellee as the primary residential custodian.
  • Jan. 17, 2008
    • 9:30 AM BUCKINGHAM TAYLOR THOMPSON
      ANDREA JOHNSON VS COMMONWEALTH OF KENTUCKY 2007CA000476
      Criminal/search warrant.
    • 10:15 AM BUCKINGHAM TAYLOR THOMPSON
      OHIO COUNTY HOSPITAL CORPORATION VS TINA MARTIN, ADMINISTRATRIX ET AL.
      2006CA002248
      Medical malpractice.
    • 11:00 AM THOMPSON TAYLOR BUCKINGHAM
      TOMMY LOPEZ VS COMMONWEALTH OF KENTUCKY 2006CA002461
      Appellant was sex offender who entered plea of guilty to misdemeanor with twelve months probated for period of two years. While as a member of the National Guard and serving in Iraq, he was accused by the Army of viewing adult pornography. Appellant agreed to Article 10 administrative discharge. His probation was revoked. He alleges that trial ct.’s findings were not based upon preponderance of evidence, and there was insuff. evidence that he committed new offense, or engaged in an injurious habit.
  • Jan. 22, 2007
    • 9:30 AM ACREE KELLER MOORE
      JOHN GILBERT, M.D. ET AL. VS COMMONWEALTH OF KENTUCKY ET AL. 2007CA000042
      Civil; Administrative Law: Whether regulations promulgated by the Cabinet for Health and Family Services and an advisory opinion issued by the Cabinet during the pendency of the appeal of this matter from the Cabinet to the Circuit Court, require reversal of the circuit court’s opinion and remand to the agency.
    • 10:15 AM ACREE KELLER MOORE
      NORMA CROCKETT VS CHA HMO, INC. 2007CA000525
      Civil; Employment Discrimination: Whether trial court correctly found that appellant was unable to establish a prima facie case of gender discrimination.
    • 11:00 AM MOORE ACREE KELLER
      HERMAN VIRES VS COMMONWEALTH OF KENTUCKY 2007CA000164
      Criminal case involving a post conviction motion for relief where victim and witnesses recanted trial testimony in a rape case. Trial court denied post-conviction motion.
    • 2:00 PM KELLER ACREE MOORE
      THOMAS FOURNER VS CITY OF LAWRENCEBURG 2007CA000490
      This appeal in the area of employment law, involves whether there were facts sufficient to form a basis under KRS 15.520 for the termination of a police officer.

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2 thoughts on “COA Argument Calendar for January 2008

  1. THERE ARE NO WORDS TO SAY FOR A MAN WHO TERRORIZED HIS OWN CHILDREN.HERMAN LEE VIRES SHOULD HAVE BEEN PUT UNDER THE PRISON.I AM ONE OF MANY OF HIS DAUGHTERS AND THE PAIN OF WHAT HE DID,WHAT HE PUT HIS OWN CHILDREN THROUGH IS UNFORGIVABLE.HE SHOULD NEVER SEE THE LIGHT OF DAY OR FEEL THE GROUND BENEATH HIM.HE IS WHERE HE AND ALL BABY KILLING CHILD RAPING MEN SHOULD BE BEHIND BARS.HOPEFULLY BY THE GRACE OF GOD AND THE GREAT STATE OF KENTUCKY HE WILL NEVER LEAVE THERE.BRANDI NICHOLE VIRES

  2. IN THE CASE OF HERMAN LEE VIRES, HE IS GUILTY AS GUILTY CAN BE JUST BECUASE THERE FAMILY IS MAKING THESE KIDS LIE ABOUT THE TRUTH THEY SHARED WITH THE WORLD, I KNOW THAT THESE’S KIDS ARE LEAD TO BELIEVE HERMAN, HAS FOUND GOD AND IS BETTER NOW BUT THE TRUTH OF THE MATTER IS HE HAS BEEN A RAPIST FOR 26 YEARS THAT’S HOW OLD I AM!