Mar. 2012 – SCOKY Oral Arguments

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.

HERE ARE THE AOC MINUTES:

WEDNESDAY, MARCH 14, 2012
9:00 a.m. COMMONWEALTH OF KENTUCKY V. KENTUCKY RETIREMENT
SYSTEMS, ET AL. (2010-SC-809-DG)
“Sovereign Immunity. Declaratory Judgment. State Employee Retirement
Benefits. The issue is whether the Commonwealth can invoke sovereign
immunity in any declaratory judgment action.”
Discretionary Review granted 8/17/2011
Franklin Circuit Court, Judge Thomas D. Wingate
For Movant: Stuart Weldon Cobb and Lisa Kathleen Lang
For Respondents: Robert W. Kellerman, Jennifer Jones, Brent L. Caldwell and
Roger Crittenden

10:00 a.m. COMMONWEALTH OF KENTUCKY V. HASCH (2010-SC-494-DG) AND
(CROSS-MOTION) HASCH V. COMMONWEALTH OF KENTUCKY
(2011-SC-232-DG)
“Criminal law. Self-defense. Jury Instructions. Immunity. The issues include:
1. Whether the Commonwealth can introduce evidence of a defendant’s
opportunity to escape the victim in a self-defense case, thus permitting the
court to instruct on lesser degrees of murder over the defendant’s objection;
2. Whether the lower court erred by admitting the autopsy report as a
Commonwealth exhibit; 3. Whether the lower court erred by excluding two
defense witnesses; 4. Whether the jury instructions in the guilt and penalty
phases were erroneous; and 5. Whether the lower court erred by failing to hold
a probable cause hearing when Hasch sought immunity from prosecution under
KRS 503.085.”
Discretionary Review granted 4/13/2011 and 6/8/2011
Bullitt Circuit Court, Judge Rodney D. Burress
For Movant/Cross-Respondent: James Coleman Shackelford
For Respondent/Cross-Movant: G. Murray Turner and Sarah Bash Brian

11:00 a.m. HALL, ET AL. V. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC., ET AL. (2010-SC-559-DG)
“Timely release of liens on real property. Award of statutory penalties, attorney
fees and costs.”
Discretionary Review granted 6/9/2011
Laurel Circuit Court, Judge Roderick Messer
For Movants: Ralph W. Hoskins
For Respondents: Henry E. Kinser and Mickey Todd Webster

THURSDAY, MARCH 15, 2012

9:00 a.m. TUCKER, ETC., ET AL. V. WOMEN’S CARE PHYSICIANS OF LOUISVILLE,
P.S.C., ET AL. (2010-SC-466-DG)
“Medical malpractice. Evidence. Issue is whether the trial court abused its
discretion in excluding certain expert testimony as irrelevant.”
Discretionary Review granted 8/17/2011
Jefferson Circuit Court, Judge Susan Lynn Schultz
For Movants: Richard Wayne Hay, Timothy R. McCarthy, Wanda McClure Dry
and Sarah Hay Knight
For Respondents: Donald W. Darby and Daniel Garland Brown

10:00 a.m. COMMONWEALTH OF KENTUCKY V. REED (2011-SC-111-DG)
“Criminal law. Guilty plea. Sentencing. Fines. KRS 534.030. Issues include
whether in the case of an unenforceable bargained-for plea agreement an
appellate court may vacate part of the sentence or whether the entire judgment
and sentence of conviction must be set aside.”
Discretionary Review granted 9/14/2011
Jefferson Circuit Court, Judge Mitch Perry
For Movant: Jeanne Deborah Anderson
For Respondent: Bruce P. Hackett

11:00 a.m. GINGERICH, ET AL. V. COMMONWEALTH OF KENTUCKY
(2011-SC-379-DGE) AND ZOOK, ET AL. V. COMMONWEALTH OF
KENTUCKY (2011-SC-380-DGE)
“Criminal Law. State Constitutional Law. In cases involving failure to display a
KRS 189.820 “slow moving vehicle” emblem on Old Order Swartzentruber
horse-drawn buggies, issues involve whether KY. CONST. §§ 1 & 5 provide
greater religious protection than does the First Amendment to the United States
Constitution.”
Discretionary Review granted 12/14/2011
Graves Circuit Court, Judge Timothy C. Stark
For Movants: William Ellis Sharp and Patricia Colleen Le Meur
For Respondent: Christian Kenneth Ray Miller

THURSDAY, MARCH 15, 2012

9:00 a.m. TUCKER, ETC., ET AL. V. WOMEN’S CARE PHYSICIANS OF LOUISVILLE,
P.S.C., ET AL. (2010-SC-466-DG)
“Medical malpractice. Evidence. Issue is whether the trial court abused its
discretion in excluding certain expert testimony as irrelevant.”
Discretionary Review granted 8/17/2011
Jefferson Circuit Court, Judge Susan Lynn Schultz
For Movants: Richard Wayne Hay, Timothy R. McCarthy, Wanda McClure Dry
and Sarah Hay Knight

For Respondents: Donald W. Darby and Daniel Garland Brown
10:00 a.m. COMMONWEALTH OF KENTUCKY V. REED (2011-SC-111-DG)
“Criminal law. Guilty plea. Sentencing. Fines. KRS 534.030. Issues include
whether in the case of an unenforceable bargained-for plea agreement an
appellate court may vacate part of the sentence or whether the entire judgment
and sentence of conviction must be set aside.”
Discretionary Review granted 9/14/2011
Jefferson Circuit Court, Judge Mitch Perry
For Movant: Jeanne Deborah Anderson
For Respondent: Bruce P. Hackett

11:00 a.m. GINGERICH, ET AL. V. COMMONWEALTH OF KENTUCKY
(2011-SC-379-DGE) AND ZOOK, ET AL. V. COMMONWEALTH OF
KENTUCKY (2011-SC-380-DGE)
“Criminal Law. State Constitutional Law. In cases involving failure to display a
KRS 189.820 “slow moving vehicle” emblem on Old Order Swartzentruber
horse-drawn buggies, issues involve whether KY. CONST. §§ 1 & 5 provide
greater religious protection than does the First Amendment to the United States
Constitution.”
Discretionary Review granted 12/14/2011
Graves Circuit Court, Judge Timothy C. Stark
For Movants: William Ellis Sharp and Patricia Colleen Le Meur
For Respondent: Christian Kenneth Ray Miller

HERE ARE LINKS TO THE BRIEFS FILED AT NKU, SALMON P. CHASE COLLEGE OF LAW.

ARGUED Mar 16, 2012
9:00a Cox v. Commonwealth, 2010-SC-733
Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
10:00a Commonwealth v. Pridham, 2011-SC-126
Appellant’s Brief
Appellee’s Brief
11:00a Bidwell v. Shelter Mutual Insurance Co., 2010-SC-560
Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
ARGUED Mar 15, 2012
9:00a Tucker v. Women’s Care Physicians of Louisville, 2010-SC-466
Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
10:00a Commonwealth v. Reed, 2011-SC-111
Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
11:00a Gingerich v. Commonwealth, 2011-SC-379, 2011-SC-380
Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
11:00a Gingerich v. Commonwealth, 2011-SC-379, 2011-SC-380
Amicus Curiae
ARGUED Mar 14, 2012
9:00a Commonwealth v. Kentucky Retirement Systems, 2010-SC-809
Appellant’s Brief
Appellee’s Brief
Appellee’s Brief
Appellant’s Reply Brief
10:00a Commonwealth v. Hasch, 2011-SC-232
Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
11:00a Hall v. Mortgage Electronic Registration Systems, 2010-SC-559
Appellant’s Brief
Appellee’s Brief
Amicus Curiae

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