December 2011 SCOKY Oral Arguments set for Dec. 14 and 15, 2011

December 2011    SCOKY Oral Arguments

Click on above link for this month's argument calendar.

Click here for 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.

The issues, dates, times, lower court/judge, counsel, AND links to full text of briefs and  COA decision are below!  The actual calendars are on line at AOC – Click here.

WEDNESDAY, DECEMBER 14, 2011

9:00 a.m. CARTER V. SMITH, ET AL. (2010-SC-295-DG)
"Open Meetings. Exceptions. Personnel and Litigation. Issues involve the applicability of the personnel and litigation open meetings exceptions to a closed school board meeting considering potential resignation of a school superintendent as well as his potential subsequent retention on a 12-month consulting contract."
Discretionary Review granted 3/16/2011
Bourbon Circuit Court, Judge Paul F. Isaacs
For Movant: Joe Francis Childers, Jr.
For Respondents: Neil Edward Duncliffe and Sam Preston Burchett

Appellant's Brief
Appellee's Brief
Appellee's Brief
Appellant's Reply Brief

10:00 a.m. DRIVER V. COMMONWEALTH OF KENTUCKY (2009-SC-639-DG)
"First degree assault – 15 years."
Discretionary Review granted 12/9/2010
Marshall Circuit Court, Judge Dennis Foust
For Movant: Samuel N. Potter
For Respondent: Joshua D. Farley

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief

11:00 a.m. MITCHELL V. UNIVERSITY OF KENTUCKY, ET AL. (2010-SC-762-TG )
"Termination of employee for violating university policies prohibiting anyone from bringing a deadly weapon on university property."
Fayette Circuit Court, Judge Pamela Goodwine
For Movant: Christopher Derek Hunt
For Respondents: Barbara Ann Kriz

 

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief
Amicus Curiae
Amicus Curiae
Amicus Curiae

THURSDAY, DECEMBER 15, 2011

9:00 a.m. OSBORNE V. KEENEY, ET AL. (2010-SC-397-DG) AND KEENEY V.
OSBORNE, ET AL. (2010-SC-430-DG)
"Legal Malpractice. Emotional Distress. Damages. Issues include:
1. Whether a physical touching is still required for a Plaintiff to recover emotional distress damages;
2. Whether a Plaintiff may recover “lost punitive” damages in a legal malpractice claim;
3. Whether CR 8.01 limits the damages a Plaintiff may recover;
4. Whether and how a Plaintiff may file an Amended Complaint to include the Defendant’s insurance company;
5. Must the trial court instruct the jury on and must the jury make findings on the “case-within-a-case;”
6. Did the
trial court err by using “should have realized” language in the fraud instruction, and
7. Did the Court of Appeals, by affirming in part and reversing in part, create an unconstitutional ratio between compensatory and punitive damages such that the punitive award is now excessive?"

Discretionary Review granted 5/11/2011
Jefferson Circuit Court, Judge Martin F. McDonald
For Osborne: LeRoy E. Sitlinger, Jr.
For Keeney: Sheryl G. Snyder, Matthew W. Breetz, Griffin Terry Sumner and Andrew Graham Beshear
For Carolina Casualty Insurance and Monitor Liability Managers: Douglas Cain Ballantine, Joseph Kent Durning and Amy Olive Wheeler

Appellant's Brief
Appellant's Brief
Appellee's Brief
Appellee's Brief
Appellee's Brief
Appellant's Reply Brief
Appellant's Reply Brief

10:00 a.m. COMMONWEALTH OF KENTUCKY V. O'CONNER (2010-SC-343-DG)
"Criminal law. First-Degree Criminal Abuse. The issue is whether the Commonwealth presented sufficient evidence to support a verdict for intentional abuse where the defendant argued the acts toward the children were the result of poverty and poor parenting skills."
Discretionary Review granted 3/16/2011
Pulaski Circuit Court, Judge David A. Tapp
For Movant: David Wayne Barr
For Respondent: Kathleen Kallaher Schmidt

Appellant's Brief
Appellee's Brief

11:00 a.m. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. V. ROBERTS
(2010-SC-069-DG)
"Mortgages. Judgment Liens. Equitable Subrogation. Issues include the prioritization of liens in a foreclosure action."
Discretionary Review granted 4/13/2011
Henderson Circuit Court, Judge Stephen Hayden
For Movant: Thomas Morgan Ward, Jr., Bethany A. Breetz and Chadwick Aaron McTighe
For Respondent: Kenneth S. Kasacavage

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief

FRIDAY, DECEMBER 16, 2011
NO ORAL ARGUMENTS

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