COA Argument Calendar for JUNE 2009

Here is a shortened version of the June COA Argument calendar.  Click here for the entire PDF calendar.

LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE
COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Monday, June 15, 2009

2008CA000518
11:00
ANTHONY THOMAS GRIMES v COMMONWEALTH OF KENTUCKY
Grimes appeals from the circuit court’s denial of RCr 11.42 relief. Grimes, who was convicted of varioussex crimes, alleges the trial court inappropriately dismissed his claims as being ones that could havebeen brought on direct appeal.He also alleges ineffective assistance of counsel based on counsel’salleged failure to advise Grimes of a plea deal.

2008CA001655
01:00
JENNIFER WILLIAMS v LINK A. KARLEN
Mother appeals from the family court’s order awarding custody to father. Mother argues the family courtabused its discretion when it found she deceived father; when it removed child from mother’s custody aschild was doing well;and when it determined placement with father was better for child because mother is in military.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Wednesday, June 17, 2009

2008CA001303
10:15
MARLENE WHITE v ASHLAND PARK NEIGHBORHOOD ASSOCIATION, INC.
Appeal from order of Fayette Circuit Court dismissing White’s wrongful interference with businesscontract, conspiracy, and defamation claims against Ashland Park pursuant to CR 12.02(f). Issuesinclude whether statements made by Ashland Park regardingWhite were protected speech and whetherWhite’s motion to amend her complaint was properly denied.

11:00 AM
DONNA CARPENTER v EDITH BAKER
Whether circuit court properly entered summary judgment concluding that a release barred appellant’sclaims against appellee.

01:30 PM
JOHN E. CLARK v COMMONWEALTH OF KENTUCKY
Whether circuit court erred by denying motion to suppress evidence.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Thursday, June 18, 2009

09:30 AM
2008CA001632
AUBREY WAYNARD BAKER v COMMONWEALTH OF KENTUCKY
MOR appeals from multiple convictions for flagrant nonsupport. Appellant alleges violation of prohibitionagainst double jeopardy and challenges sufficiency of evidence.

10:15 AM
OTHELLO WASHINGTON v COMMONWEALTH OF KENTUCKY
Appeal as a matter of right from a conviction for robbery in the second degree and persistent felonyoffender in the first degree. Appellant argues – Investigative hearsay was improperly admitted at trial -Insufficiency of the evidence andthat unconstitutional racial arguments were made at trial.

11:00 AM
SHIRLEY A CUNNINGHAM Jr v MILDRED ABBOTT
In fen-phen litigation, whether trial ct properly granted summary judgment on breach of fiduciary dutyclaim and dissolved a charity created by attorneys with excess settlement funds. Also, whether the trial court erroneously found the attorneys to bejoint and severally liable, entered a baseline compensatory damage award and allowed those who had participated in the settlement to mount a collateral attack.

01:30 PM
SHAWNEE TELECOM RESOURCES, INC. v KATHY BROWN
MOR civil appeal and cross appeal from shareholder’s appraisal action against telecom company, perKRS 271B.13-300. Issues include valuation of shares, whether trial court erred in certifying judgment onsome, but not all, issues final, whether attorneyfee award was supported by evidence, whether the courterred in adopting the findings of the master commissioner and whether the trial court erred in its partialrecusal.

LOCATION: WARREN COUNTY JUDICIAL CENTER, CIRCUIT COURTROOM C, 4TH
FLOOR, 1001 CENTER STREET, BOWLING GREEN, KENTUCKY
DATE: Tuesday, June 23, 2009

11:00 AM
JOSEPH B. ROBERTS v MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
Priority of liens.

11:45
COLLINS FINANCIAL SERVICES, INC. v SHEILA JOHNSON
Attorney fees.

01:30 PM
2008CA001095
CRAIG WEST v LEVEE LIFT, INC.
Appellants were injured by an intoxicated driver who was employed by the appellee. Appellants receivedverdicts against the driver, however, the jury found no liability against his employer.Appellants argue thatthe trial court’s refusal to give a proper jury instruction caused the verdict and argues other errors by thetrial court.

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