COA ARGUMENT CALENDAR: June 2008!

Here’s a link to the Court of Appeals argument calendar for the month of June 2008.  CLICK HERE.

LOCATION: FAYETTE COUNTY CIRCUIT COURT, COURTROOM I, 4TH FLOOR, 120 NORTH LIMESTONE, LEXINGTON, KENTUCKY

DATE: Tuesday, June 03, 2008

9:30 AM STUMBO CAPERTON BUCKINGHAM
MICHAEL WILSON VS COMMONWEALTH OF KENTUCKY 2006CA002194
MOR criminal appeal alleging error in trial court’s failure to give tendered instructions on self defense, EED, voluntary intoxication and 4th degree assault.

10:15 AM STUMBO CAPERTON BUCKINGHAM
JAMES HAMILTON VS ELIZABETH HAMILTON 2007CA001423
MOR appeal from post decree order dividing funds held in non-dissolution related litigation; issues include amount of funds to be divided, award of attorney fee and propriety of court in permitting withdrawal of motion.

11:00 AM STUMBO CAPERTON BUCKINGHAM
JOYCE WHITE ET AL. VS CUMBERLAND VALLEY MANOR ET AL. 2008CA000442
MOR appeal from denial of attorney fee to successful litigant in medical fee dispute; issue is standard for imposition of costs.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY

DATE: Monday, June 09, 2008

9:30 AM CLAYTON VANMETER KNOPF
CSX TRANSPORTATION, INC. VS TERRY WILLIAMS 2006CA002593
Numerous assertions of error, including the trial court’s failure to address the jury’s exposure to publicity during the trial; court’s failure to instruct the jury of federal law; error in admitting and barring evidence; and, the verdict was unsupported by the evidence.

10:15 AM CLAYTON VANMETER KNOPF
KIM HARPER VS NATIONAL HEALTH SERVICES ET AL. 2007CA001354
Denial of CR 60.02 relief which followed grant of summary judgment to appellee on claims of negligent hiring and vicarious liability for sexual harassment.

11:00 AM CLAYTON VANMETER KNOPF
JEREMY DOWNS VS EUNICE DOWNS 2007CA000979
Issue of first impression regarding whether a constrictive trust of life insurance proceeds was established for the benefit of a child pursuant to a divorce judgment between the parents of the child.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY

DATE: Wednesday, June 11, 2008

10:00 AM VANMETER CLAYTON KNOPF
LOUISVILLE/JEFFERSON COUNTY METRO ETHICS COMMISSION VS H.J.("BUD") SCHARDEIN ET AL. 2007CA001356
Local government: whether Louisville Metro Government Ethics Code applies to board members and appointed employees of Louisville/Jefferson Metro Sewer District. KRS 65.003.

10:45 AM KNOPF CLAYTON VANMETER
PATRICIA CONWAY ET AL. VS SALT RIVER ELECTRIC COOPERATIVE COOPERATION
2006CA001919
Appeal from order of summary judgment.

1:00 PM ACREE DIXON TAYLOR
STEVIE WORLEY VS COMMONWEALTH OF KENTUCKY 2007CA000175
Criminal: Worley appeals a conviction of manslaughter and sentence of 18 years. The issues are: (1) whether the trial court erred in determining the “castle doctrine“ inapplicable to this case; (2) whether the trial court erred in the manner in which it addressed missing evidence; (3) whether the trial court erred by disallowing the testimony of Worley’s ballistics expert; and (4) whether the trial court erred by disallowing "reverse 404(b)" evidence.

1:45 PM ACREE DIXON TAYLOR
LINDA ANGEL VS METROPOLITAN PROPERTY AND CASUALTY INSURANCE
COMPANY 2007CA001521
Civil; Torts; Damages: Angel appeals the Clark Circuit Court’s order granting partial summary judgment in favor of Metropolitan. The issue is whether a claim for post traumatic stress disorder is a compensable claim under Metropolitan’s UIM coverage and KRS chapter 304.39.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY

DATE: Thursday, June 12, 2008

11:00 AM TAYLOR ACREE DIXON
RICHARD CRAWFORD VS EXTENDED STAY AMERICA, LLC 2007CA001127
Whether circuit court properly entered summary judgment dismissing appellant’s premises liability claim against appellee.

10:15 AM (sic)TAYLOR ACREE DIXON
HERBERT BROOKS VS COMMONWEALTH OF KENTUCKY 2007CA000864
Whether circuit court properly denied appellant’s RCr 11.42 motion.

LOCATION: MONTGOMERY COUNTY CIRCUIT COURTROOM, COURTHOUSE, 1 COURT STREET, MT. STERLING, KENTUCKY

DATE: Thursday, June 12, 2008

10:00 AM COMBS NICKELL GRAVES
LAFE WARD VS COMMONWEALTH OF KENTUCKY 2007CA000753
Challenge to constitutionality of statutes involving DUI and charging wanton murder as void for vagueness.

10:45 AM COMBS NICKELL GRAVES
MARY COLEMAN VS LONES ADAMS 2007CA001586
Property dispute involving parameters of private ownership and use of a public right of way.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE, FRANKFORT, KENTUCKY

DATE: Wednesday, June 25, 2008

2:30 PM NICKELL COMBS GRAVES
DANNY RAINS VS MICHAEL PATRICK ET AL. 2007CA000745
Whether trial court properly dismissed alleged oral agreement under statute of frauds.

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