May 2008 Supreme Court of Kentucky Oral Arguments (SCOKY) for June 11, 12, 13, 2008

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

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

June 2008 Oral Argument calendar – click here

WEDNESDAY, JUNE 11, 2008

9:00 a.m. COMMONWEALTH OF KENTUCKY V. DAVIDSON
(2006-SC-180-DG)
"Criminal Law. Double Jeopardy. Whether the retrial of a defendant is precluded if a conviction has been reversed on appeal due to an error in instructions where the evidence was insufficient to sustain a conviction on the instructions that had been given but there was sufficient evidence to support a conviction if proper instructions had been given." Discretionary Review granted 9/13/2006
Knox Circuit Court, Judge Lewis B. Hopper
For Movant: Jeffrey A. Cross
For Respondent: Shelly R. Fears
(Note: Justice Minton and Justice Schroder are recused —
Special Justices R. Michael Sullivan and Joy A. Moore sitting)

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

10:00 a.m. GASKILL V. ROBBINS (2007-SC-190-DGE) AND
ROBBINS V. GASKILL (2007-SC-207-DGE)
"Dissolution of Marriage. Child Custody. Distribution of Property. Issues include whether there should be a legal distinction between personal goodwill and enterprise goodwill when evaluating a party’s professional practice; whether the family court correctly assessed and justly distributed marital property; and whether the court properly awarded custody of the parties’ child to the father."
Discretionary Review granted 10/24/2007
Warren Circuit Court, Judge Margaret Ryan Huddleston
For Movant/Respondent (Gaskill): Glen S. Bagby, James E. Keller, J. Robert Lyons, Jr., Betty Reece Herbert, and Brian Pack
For Respondent/Movant (Robbins): David A. Lanphear
(Note: Justice Minton is recused)

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

11:00 a.m. HUME, ET AL. V. FRANKLIN COUNTY FISCAL COURT, ET AL. (2006-SC-499-DG) AND (CROSS-MOTION) BIZZACK, ET AL. V. HUME, ET AL. (2007-SC-91-DG)
"Zoning. Multiple, successive rezoning petitions applying to the same property. Issues include (1) the propriety of considering a new petition while a ruling on a prior petition is on appeal, (2) whether the principle of res judicata applies to the new petition, (3) law of the case considerations, and (4) whether the record should be reviewed as to whether the Fiscal Court ruling was supported by the evidence." Discretionary Review granted 1/18/2007 and 3/14/2007
Franklin Circuit Court, Judge William L. Graham
For Movants/Cross-Respondents: W. Henry Graddy, IV and Richard V. Murphy
For Respondents (Franklin County Fiscal Court, et al.): Richard M. Sullivan, Edward F. Busch, Rick Eugene Sparks, Scott Alan Johnson
For Respondents/Cross Movants: William M. Lear, Jr., Rena Wiseman, Paul C. Harnice, and Anthony Joseph Phelps
(Note: Justice Minton is recused)

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

THURSDAY, JUNE 12, 2008

9:00 a.m. BEDINGFIELD V. COMMONWEALTH OF KENTUCKY
(2007-SC-128-DG)
"Criminal Law. CR 60.02. Newly Discovered Evidence. DNA. Issues include whether defendant convicted of rape in 1995 is entitled to new trial on grounds that newly available DNA-testing technology reveals that defendant was not the donor of semen recovered from the victim and her clothing."
Discretionary Review granted 8/15/2007
Fayette Circuit Court, Judge Gary D. Payne
For Movant: Melanie L. Lowe
For Respondent: James Daryl Havey and Traci Courtney Caneer

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

10:00 a.m. TAYLOR V. COMMONWEALTH OF KENTUCKY
(2006-SC-863-MR)
"Juvenile offender – Murder – 25 year sentence."
Jefferson Circuit Court, Judge Kathleen Voor Montano
For Appellant: Bruce P. Hackett
For Appellee: Paul W. Richwalsky, Jr.

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

11:00 a.m. EARLY, ET AL. V. OLDHAM COUNTY BOARD OF EDUCATION (2007-SC-8-DG)
"Eminent Domain. Interlocutory Judgment. Notice of Appeal. Issues include whether landowners timely filed notice of appeal from circuit court’s interlocutory judgment confirming the condemnor’s right to take portions of their properties."
Discretionary Review granted 6/13/2007
Oldham Circuit Court, Judge Karen A. Conrad
For Movants: Stephen B. Early
For Respondent: Alan N. Linker and James Gregory Troutman

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

FRIDAY, JUNE 13, 2008

9:00 a.m. CHEYENNE RESOURCES, INC., ET AL. V. ELK HORN COAL CORPORATION (2006-SC-721-DG)
"Judgment of Restitution. Prejudgment Interest. Where supersedeas penalty statute was declared unconstitutional, and penalty previously paid was ordered returned by judgment of restitution, the issue is whether prejudgment interest on the amount should be calculated from date penalty was paid, or from date penalty statute was declared unconstitutional." Discretionary Review granted 8/15/2007 Floyd Circuit Court, Judge John David Caudill
For Movants: Bruce E. Cryder and Margaret A. Miller
For Respondent: Maureen D. Carman, William S. Kendrick, Richard C. Ward, and Jeff A. Woods
(Note: Chief Justice Lambert and Justice Scott are recused; Justice Abramson not sitting —
Special Justices Thomas D. Emberton, Gregory L. Monge, and Michael O. McDonald sitting)

Appellant’s Brief
Appellee’s Brief

10:00 a.m. MCCLENDON V. HODGES (2007-SC-559-DGE)
"Elections. Issues include the proper remedy for fraud found in "walk in" absentee voting for mayor in two of the six city precincts."
Discretionary Review granted 11/15/2007
Monroe Circuit Court, Judge Ron Johnson
For Movant: Daniel T. Taylor, III
For Respondent: David M. Cross
(Note: Justice Abramson is recused)

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

11:00 A.M. JENKINS V. COMMONWEALTH OF KENTUCKY
(2007-SC-248-DG)
"Criminal Law. Child Sexual Abuse. KRE 702. Issues include application of KRE 702 to the admissibility of proffered expert testimony from a forensic psychologist concerning interview techniques and their impact upon reliability of allegations of child sexual abuse."
Discretionary Review granted 6/13/2007
Woodford Circuit Court, Judge Paul F. Isaacs
For Movant: J. Guthrie True and Samuel Ryan Newcomb
For Respondent: David W. Barr
(Note: Justice Abramson is recused)

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

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