COAKY’s Argument Calendar for Next Week – May 7, 8, and 9, 2007

SUPREME COURT: None.

COURT OF APPEALS:

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

Monday, May 7, 2007:

10:15 am
NATIONWIDE MUTUAL FIRE INSURANCE COMPANY VS BETTY PELGEN ET AL.
DECLARATION OF RIGHTS RE: HOMEOWNERS POLICY; EXCLUSION OF INTENTIONAL OR CRIMINAL ACTS; INFERRED INTENT.
11:00 am
EUGENE GALL VS COMMONWEALTH OF KENTUCKY
SIXTH CIRCUIT VOIDED DEFENDANT’S CONVICTION AND ORDERED HIM RELEASED. MUST STATE COURT VACATE CONVICTION?
1:00 pm
JAMES LEACH VS COMMONWEALTH OF KENTUCKY
CRIMINAL APPEAL; 4TH AND 14TH AMENDMENT VIOLATIONS; ANONYMOUS TIP AS BASIS TO SEARCH CURTILAGE; "PLAIN SMELL"SEARCH; VOLUNTARINESS OF CONSENT TO SEARCH.
1:45 pm
SUNCIRAE SHELTON VS COMMONWEALTH OF KENTUCKY
PAROLEE USED AS CONFIDENTIAL INFORMANT. TRIAL COURT QUASHED SUBPOENA FOR PAROLE RECORDS. BATSON ISSUE. COMPETENCE OF WITNESSES. COMMONWEALTH ALLEGEDLY THREATENED DEFENSE WITNESS.
2:30 pm
STANLEY LAND VS COMMONWEALTH OF KENTUCKY
CRIMINAL APPEAL; MISTRIAL DENIED; HEARSAY; INCOMPLETE VERDICT FORM; RECONVENE JURY AFTER DISCHARGE.
4:00 pm
GREGORY BLAIR VS COMMONWEALTH OF KENTUCKY
WHETHER TRIAL COURT ERRED IN DENYING APPELLANT’S MOTION TO SUPPRESS BASED UPON ARGUMENT THAT POLICE USED EXCESSIVE FORCE AND EXCEEDED THE SCOPE OF A TERRY STOP TO OBTAIN EVIDENCE IN SEARCH PRIOR TO OBTAINING PROBABLE CAUSE.

JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON, LOUISVILLE, KENTUCKY

Monday, May 7, 2007

9:00 am
CSX TRANSPORTATION, INC. VS TROY MOODY
TROY MOODY WAS AWARDED DAMAGES IN THE AMOUNT OF $2,740,000 DUE TO NEGLIGENCE UNDER FEDERAL EMPLOYER’S LIABILITY ACT FOR INJURY FROM HIS EXPOSURE TO SOLVENTS DURING THE COURSE OF HIS
EMPLOYMENT.
10:15 am
MICHAEL ADAMS VS COMMONWEALTH OF KENTUCKY
CR 60.02 MOTION FOR RELIEF FROM JUDGMENT AND SENTENCE ON GUILTY PLEA TO FIRST DEGREE RAPE AND
FIRST DEGREE SODOMY DUE TO RECANTATION BY VICTIM.
11:00 am
SPENCER LLOYD VS CSX TRANSPORTATION, INC.
APPEAL FROM DISMISSAL OF FELA TOXIC ENCEPHALOPATHY CLAIM AS BARRED BY STATUTE OF LIMITATIONS.

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

Tuesday, May 8, 2007

8:45 am
BILL PATRICK ET AL. VS CITIZENS BANK & TRUST CO. OF JACKSON
FINALITY OF ORDER DISMISSING.
1:15 pm
GEORGETOWN MUNICIPAL WATER AND SEWER SERVICE ET AL. VS BURWAL, INC. ET AL.
WHETHER TRIAL COURT PROPERLY INTERPRETED KRS 96.539.
1:45 pm
COMMONWEALTH OF KENTUCKY VS DAVID NICHOLS
INTERLOCUTORY APPEAL REGARDING WHETHER CRIMINAL DEFENDANT IS REQUIRED TO PROVIDE TO COMMONWEALTH INFORMATION CONCERNING AN EXPERT WITNESS AND WHETHER THAT EXPERT IS REQUIRED TO GENERATE A REPORT TO BE PRODUCED TO THE COMMONWEALTH.
2:30 pm
DANIEL BUGG VS AMERICAN LEGION, ANDERSON POST NO. 34
WHETHER TRIAL COURT ERRED BY DIRECTING VERDICT FOR APPELLEES.
4:00 pm
OLDHAM FARMS DEVELOPMENT, LLC VS OLDHAM COUNTY PLANNING & ZONING COMMISSION ET AL.
APPEAL FROM DENIAL OF SUBDIVISION APPLICATION.

Wednesday, May 9, 2007:

FAYETTE COUNTY CIRCUIT COURTHOUSE, COURTROOM I, 4TH FLOOR, 120 NORTH LIMESTONE, LEXINGTON, KENTUCKY

Wednesday, May 9, 2007

10:15 am
SANDRA PETRONIS VS CHURCHILL DOWNS INC.
WHETHER THE CIRCUIT COURT ERRED BY GRANTING SUMMARY JUDGMENT AND DISMISSING APPELLANT’S NEGLIGENCE ACTION BASED ON KENTUCKY LAW RATHER THAN NEW YORK LAW AND BY RELYING ON THE EXCLUSIVITY PROVISION OF KENTUCKY’S WORKERS’ COMPENSATION LAW.
11:00 am
CATHERINE FLOWITT VS ASHLAND HOSPITAL CORPORATION
FLOWITT APPEALS FROM A JNOV OVERTURNING A $500,000.00 JURY VERDICT IN HER FAVOR IN HER DISABILITY DISCRIMINATION CLAIM AGAINST HER FORMER EMPLOYER ASHLAND HOSPITAL. SHE CONTENDS THAT THE COURT MISAPPLIED THE JNOV STANDARDS AND THE FRATZKE RULE REGARDING NOTICE OF CLAIMS.
1:30 pm
BRIAN CARPENTER VS COMMONWEALTH OF KENTUCKY
APPEAL FROM THE DENIAL OF CARPENTER’S MOTION TO WITHDRAW HIS GUILTY PLEA WHEN HE WAS INFORMED AT SENTENCING THAT HE WOULD HAVE TO REGISTER AS A SEX OFFENDER PURSUANT TO KRS 17.510 ALLEGEDLY IN VIOLATION OF THE PLEA AGREEMENT.