Dec. 2011 Court of Appeals Argument Calendar

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LOCATION: WARREN COUNTY JUDICIAL CENTER, CIRCUIT COURTROOM C, 4TH FLOOR, 1001 CENTER STREET, BOWLING GREEN, KENTUCKY
DATE: Thursday, December 1, 2011

1:45 pm
JASON H. CROSS v LELAND E. COX
Civil Appeal: Appeal of summary judgment in tort action where immunity of sheriff and deputy is at issue; also at issue is whether the trial court erred in denying motion to amend the complaint.

2:30 pm
ARNOLD DAVIS SPRAGUE v COMMONWEALTH OF KENTUCKY
MOR appeal from conviction of sexual abuse in the first degree by one holding and coming into contact with the minor due to a position of authority or special trust. KRS 510.110(d). Issues involve propriety of instructions and court’s refusal to further discuss instructions when jury questioned definitions in instructions.

3:15 pm
WEST KENTUCKY RURAL ELECTRIC COOPERATIVE CORPORATION v CITY OF BARDWELL, KENTUCKY
WKRECC appeals a s.j. resolving a utility service dispute in favor of Bardwell City Utility: Does PSC’s certification of the territory to RECC control over area served by city-owned utility; Is the county a current consumer of city utility because it pays the bills for all county-owned properties within annexed area; should separate non-contiguous  tracts be considered as one for purposes of determining whether city utility served the properties at time of annexation.

LOCATION: FAYETTE COUNTY CIRCUIT COURT, COURTROOM I, 4TH FLOOR,
120 NORTH LIMESTONE, LEXINGTON, KENTUCKY
DATE: Monday, December 12, 2011

10:00 am
GGNSC STANFORD, LLC v ROBERT ROWE
Civil; Arbitration/Guardianship: Whether the circuit court erred in denying appellant’s motion to dismiss in favor of arbitration on the ground that the decedent’s putative guardian lacked authority to enter into the arbitration agreement on the decedent’s behalf.

10:45 am
LEONARD LAWSON v OFFICE OF THE ATTORNEY GENERAL
Open records: whether 1983 proffer of evidence in the AG’s Office was subject to disclosure.

11:30 am
COMMONWEALTH OF KENTUCKY, v THE BOARD OF EDUCATION
Commonwealth appeals judgment ruling that Commonwealth may not enforce Billboard Act against one of its own political subdivisions, and that a commercial lease constitutes a “government function” by a local school district. Cross-Appeal by School District.

1:30 pm
THOMAS NORTON v KENTUCKY HERITAGE COUNCIL
Appeal concerning Appellant’s attempts to protect property located in Fayette and Clark counties from Appellees efforts to have them listed on National Register of Historic Places.

LOCATION: LETCHER COUNTY COURTHOUSE, 156 MAIN STREET, SUITE 205,
WHITESBURG, KENTUCKY
DATE: Thursday, December 15, 2011

10:30 am
JUNE ISON v RICKY ROBINSON
2010-CA-000898; 2010-CA-000945; 2010-CA-001490; and 2010-CA-001619-
Whether arbitration award was properly granted and confirmed by circuit court per KRS 417.160.

11:15 am
JOHN SCOTT LEE v CALVIN TIPTON
Whether circuit court properly located boundaries of disputed real property; whether appellants adversely possessed disputed real property; whether circuit court’s award of damages was proper.

1:15 pm
ANGELA CORNETTE v COMMONWEALTH OF KENTUCKY
Whether circuit court erroneously admitted certain evidence; whether appellant’s double jeopardy right was violated; whether jury instructions were erroneous; whether appellant was entitled to directed verdict of acquittal.

2:00 pm
LEE ROY WESLEY v ROSE ANN WESLEY
Dissolution of marriage. Issues on appeal are maintenance and distribution of property amounting allegedly to abuse of discretion by the trial court.

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