COA ARGUMENTS: Kentucky Court of Appeals Calendar for Oct. 30, 2008 in Northern Kentucky – open to public

FRANKFORT, Ky., Oct. 22, 2008 – The Kentucky Court of Appeals will hear oral arguments in four cases Thursday, Oct. 30, at Northern Kentucky University Chase Law School in Highland Heights. Proceedings are open to the public.

A three-judge panel consisting of Court of Appeals Judges Joy A. Moore and Michael Caperton and Senior Judge Daniel T. Guidugli will hear oral arguments starting at 10 a.m. in the Moot Courtroom at Nunn Hall 420, which is located on Nunn Drive.

The cases are on appeal from courts in Boyle, Fayette, Franklin and Kenton counties.

A case docket containing summaries of the cases is below.

HIGHLAND HEIGHTS DOCKET

Thursday, Oct. 30, 2008

10 AM     2007CA001762 DUSTIN STUMP v. COMMONWEALTH OF KENTUCKY

Summary: Discretionary review. Criminal. Issue is whether trial court in DUI case erred in failing to allow defendant to present evidence of preliminary breath test as potentially exculpatory evidence.

Fayette County judge who ruled in the case – Judge Kimberly N. Bunnell

Appellant’s attorney: John Lindsay Tackett

Appellee’s attorneys: Jack Conway, Charles R. Geveden, Raymond Larson, Carrie Insco McIntyre and Larry S. Roberts

10:45 AM     2007CA001873 REBECCA DEATON v. CHESTER ELLIOTT

Summary: Family Court (civil). Appeal in family law case regarding whether trial court erred in failing to hold a hearing as to the effect of the parties’ bankruptcy on debt and asset allocation.

Kenton County judge who ruled in the case – Judge Christopher J. Mehling

Appellant’s attorney: Stuart Paul Brown

Appellee’s attorney: Donald Anthony Bollman

11:30 AM     2007CA002188 LINDA HELTON v. EPHRAIM HELTON   

Summary: Family Court (civil). Appeal in family law case regarding the trial court’s valuation of a law firm’s goodwill, determination regarding the alleged dissipation of marital assets, readjustment of assets after the parties’ stipulation and determinations regarding maintenance and attorney fees.

Boyle County judge who ruled in the case – Judge Jeffrey M. Walson

Appellant’s attorneys: Anita M. Britton and Crystal L. Osborne

Appellee’s attorney: Jerry W. Gilbert

1:30 PM     2007CA002522 KENTUCKY RETIREMENT SYSTEMS v. WILMA MARTIN

Summary: Civil. Issue is whether Circuit Court erred in overruling Kentucky Retirement Systems Board of Trustees decision to deny appellee’s application for disability retirement benefits pursuant to KRS 61.600.

Franklin County judge who ruled in the case – Judge Phillip J. Shepherd

Appellant’s attorney: Katherine Rupinen

Appellee’s attorney: Harry L. Mathison

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