COA Argument Calendar for September 2009

Here is a shortened version of this month's COA Argument calendar.  Click here for the entire PDF calendar with dates, times, locations, case numbers, lower court, appellate and trial judges, etc.

Note if there is a name after the time, then that is the presiding judge on the case (the one who usually writes the opinions).

Dates are September 2, 10, 15, 16, 23 and 29, 2009. "MOR" is an appeal as a "matter of right".

LOCATION: LARUE COUNTY COURTHOUSE, CIRCUIT COURTROOM,
209 WEST HIGH STREET, 2ND FLOOR, HODGENVILLE, KENTUCKY

DATE:    Wednesday, September 2, 2009

01:30 PM
GEORGE W. CAMPBELL v GINGER C. CAMPBELL
Whether circuit court properly divided marital debts and property; whether circuit court properly awarded maintenance; whether circuit court erred by not awarding prejudgment interest.

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

DATE: Thursday, September 10, 2009

01:00 PM
JERRY CALHOUN v VIVIAN KEITH SELLERS
Discretionary review granted from Circuit Court affirmation of District court finding that father of
deceased children had no right to recover from children’s estates upon application of KRS 391.033 and
411.137, (Mandy Jo’s Law). Issues are whether court properly applied Kimbler v. Arms, 102 S.W. 3dd
517 (2003).

01:45 PM
TANYA A CHILDERS v SANDRA F. GEILE
MOR appeal from grant of summary judgment on claim of outrageous conduct. Issues are whether
outrage is available as remedy when other tort recoveries are possible as a matter of law and whether an
issue of material fact is presented.

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

DATE: Tuesday, September 15, 2009

2:15 pm
PATRICK O'CONNER v COMMONWEALTH OF KENTUCKY
Conviction for three counts of criminal abuse; appellant raises evidentiary challenges as preservation
problems and violations of the exclusionary rule.

3:00 pm
WYNNE L. CREEKMORE Jr v GREGORY L. DAVIS
This appeal relates to priority of liens on real estate, a related appeal in family court, and whether the
circuit court has in rem jurisdiction over a foreclosure or the family court in personam has jurisdiction
over the parties and their real estate.

3:45 pm
JULIA MARTIN THORPE v COMMONWEALTH OF KENTUCKY
Conviction for obtaining a controlled substance fraudulently and for being PFO II. Appellant challenges
admission of overly prejudicial evidence, Brady violations, and conflicts allegedly requiring recusal of the
prosecutor.

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

DATE: Wednesday, September 16, 2009

10:45 am
CHRISTOPHER TUCKER v COMMONWEALTH OF KENTUCKY
Appeal from a Washington Circuit Court judgment and sentence following the revocation of class D
felony pretrial diversion.

11:30 am
RYAN JONES v COMMONWEALTH OF KENTUCKY
Appellant appeals from an order revoking his probation and argues that the trial court should have
granted him limited immunity so that he could testify at the revocation hearing without fear of
incrimination relating to pending felony charges.

12:15 pm
HIGHLANDS HOSPITAL CORPORATION v JESSICA PREECE
Appellant, Highlands Hospital, appeals from the jury verdict awarding lost wages in the sum of $70,000
and finding that the hospital violated the Family Medical Leave Act when terminating their employee.

1:00 pm
THOMAS J. SCHULTZ v GENERAL ELECTRIC HEALTHCARE FINANCIAL SERVICES, INC.
MOR appeal from grant of Judgment on the Pleadings per CR 12.03. Issues include whether judgment
properly granted in action brought to pierce the corporate veil; whether pleading affirmative defenses
sufficient to negate essential element of action, and; whether failure of Appellant to obtain personal
guarantee is sufficient defense.

LOCATION: ALLEN COURTROOM, BRANDEIS SCHOOL OF LAW, UNIVERSITY OF
LOUISVILLE, 2301 SOUTH THIRD STREET, LOUISVILLE, KENTUCKY

DATE: Wednesday, September 23, 2009

10:30 am
STEVEN H. KEENEY v BRENDA C. OSBORNE
A legal malpractice case wherein appellee recovered $5.1 million which according to appellee are
prohibited by Kentucky law.

FYI – attorneys involved in this appeal include: Appellants –   BESHEAR, ANDREW; BREETZ, MATTHEW; SNYDER, SHERYL ;SUMNER, GRIFFIN —-  Appellee Atty: BALLANTINE, DOUGLAS; WHEELER, AMY; SITLINGER, LEE.  However, the listing is alphabetical and any could argue.

and Steven Keeney was the attorney who was the subject in the book "Death Benefit: A Lawyer Uncovers a 20-year Pattern of Seduction, Arson and Murder."

11:30 am
ROBERT LEE MEDLEY v JEWISH HOSPITAL, INC.
This is an appeal from a defense verdict, raising a number of issues of error, including jury instructions,
directed verdict, evidentiary issues and other issues raised at trial. Appellee Jewish Hospital cross
appeals arguing it was entitled to a directed verdict. Appellee Brey cross appeals arguing she should
have been dismissed under the statute of limitations.

LOCATION: CHASE LAW SCHOOL, MOOT COURTROOM, NUNN HALL 420, NUNN
DRIVE, HIGHLAND HEIGHTS, KENTUCKY

DATE: Tuesday, September 29, 2009

10:30 am
SANDRA C. BROOKS v LEXINGTON-FAYETTE URBAN COUNTY HOUSING AUTHORITY
Whether Housing Authority is immune from non-wage garnishment under KRS 426.010 due to “law of
the case doctrine”; whether Authority was entitled to recover expenses from Brooks for successfully
opposing garnishment; whether trial court erred in rejecting Brooks’ request for attorney’s fees?

11:15 am
PROTECTION CABINET
Labor Cabinet charged Teco with categorizing skilled laborers as laborers and underpaying them on
public works jobs. Teco challenged the constitutionality of various provisions of KRS 337 and lost. Teco
appeals from a circuit court judgment finding KRS 337 constitutional and awarding approximately
$63,000 in wages to the employees and fining Teco $9,000.

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