December 12, 13 & 14, 2012 SCOKY Argument Calenadar

SCOKY heard arguments already this month.  Sorry for missing the post.

Click HERE for link for this month’s argument calendar.

Click here for link to table of all monthly calendars at AOC from 2005 to date.

Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law ( Click here).

If the briefs have been filed at NKU at the time of this post, then they are linked here.  If the briefs were not available on line, THEN  Click here and enter the Supreme Court, Month, and year to pull of the results for the briefs filed in the month you need to search (or the link for those “accepted for oral argument.”)

For Kentucky Supreme Court LIVE arguments, click here on date and time of argument.

WEDNESDAY, DECEMBER 12, 2012

9:00 a.m. EDWARDS V. HARROD, ETC., ET AL. (2010-SC-770-DG)

“Juvenile. Youthful Offenders. Violent Offender Statute. The question presented is whether Violent Offender Statute KRS 439.3401 applies to a “youthful offender” upon probation revocation so as to bar the requirement of serving 85% of a sentence prior to parole consideration.”
Discretionary Review granted 11/16/2011
Franklin Circuit Court, Judge Phillip J. Shepherd
Attorneys for Appellant: La Mer Kyle-Griffiths and Renee Sara Vandenwallbake
Attorney for Appellees: Joseph Todd Henning

Appellant’s Brief
Appellant’s Reply Brief
Appellee’s Brief

10:00 a.m. PATEL V. TUTTLE PROPERTIES, LLC, ET AL. (2011-SC-415-DG)

“Contracts. Damages. Issues involve the reasonableness of the forfeiture of the $125,000 earnest money deposit for the buyer’s breach of a $450,000 contract for sale of a convenience store.”

Discretionary Review granted 5/16/2012
Montgomery Circuit Court, Judge Beth Lewis Maze
Attorney for Appellant: Michael A. Rowady
Attorney for Appellees: Jesse Reid Hodgson

Appellant’s Brief
Appellant’s Reply Brief
Appellee’s Brief

THURSDAY, DECEMBER 13, 2012

9:00 a.m.     BOARD OF EDUCATION OF FAYETTE COUNTY, KENTUCKY, ET AL. V. HURLEY-RICHARDS (2011-SC-599-DG)
“School Law. Issues include whether KRS 161.790(1)(b) “conduct unbecoming a teacher” can include use of allegedly excessive physical force against a second-grader.”

Discretionary Review granted 5/16/2012
Fayette Circuit Court, Judge Ernesto Scorsone
Attorneys for Appellants: Robert Lynn Chenoweth and Grant Robert Chenoweth
Attorneys for Appellee: Arthur L. Brooks and Joellen Sensenbach McComb

Appellant’s Brief
Appellee’s Brief
Appellant’s Brief

10:00 a.m.     GRUBB, ET AL. V. NORTON HOSPITALS, INC., ET AL. (2010-SC-532-DG)

“Jury Selection. Agency. Evidence Admissibility. The issues include: whether the trial court erred by failing to strike three jurors for cause; whether the trial court erred by entering summary judgment on agency issues, and whether the trial court erred by failing to allow the plaintiffs to introduce evidence that the doctors and hospital were covered by the same liability insurance.”
Discretionary Review granted 4/18/2012 Jefferson Circuit Court, Judge Susan Lynn Schultz
Attorneys for Appellants: Francis Thomas Conway, Chadwick Neal Gardner and Scott Thomas Roby
Attorneys for Appellees: Bradley R. Hume, Beth Hendrickson McMasters, Allison Olczak Wildman, Heather Renee Cash, Craig Louis Johnson, Brandon M. Howell, Daniel Garland Brown, David Bryan Gazak and Robert Joseph Shilts.

Appellant’s Brief
Appellant’s Reply Brief
Appellee’s Brief
Appellee’s Brief
Appellee’s Brief

FRIDAY, DECEMBER 14, 2012

9:00 a.m.     FLICK V. THE ESTATE OF CHRISTINA WITTICH (2010-SC-664-DG)

“Appellate Procedure. Notice of Appeal. Issues include whether the Court of Appeals properly dismissed a notice of appeal that named only the decedent’s estate but was served on the co-executors.”
Discretionary Review granted 2/15/12
Fayette Circuit Court, Judge Thomas L. Clark
Attorney for Appellant: Jennifer Francis Zeigler
Attorney for Appellee: Roger Newman Braden
Justice Noble and Justice Schroder are recused.
Special Justices Thomas W. Miller and Frank H. McCartney sitting. Rescheduled from October 17, 2012.

Appellant’s Brief
Appellee’s Brief

10:00 a.m.     CITY OF FORT THOMAS V. CINCINNATI ENQUIRER, ETC. (2011-SC-725-DG)

“Open records. Privacy exception. Issues include whether disclosure of a law enforcement agency’s investigative file before a criminal prosecution is complete constitutes “harm” as a matter of law under KRS 61.878(1)(h) and whether the statute requires law enforcement agencies to monitor prosecutors’ decisions to disclose information from an investigative file.” Discretionary Review granted 6/13/2012
Campbell Circuit Court, Judge Fred A. Stine V.
Attorneys for Appellant: Jeffrey C. Mando and Jennifer H. Langen
Attorneys for Appellee: Paul Alley and John C. Greiner

Amicus Curiae
Appellant’s Brief
Appellant’s Reply Brief
Appellee’s Brief

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