Next Weeks Oral Arguments at SCOKY and COA: Apr. 9 – 13, 2007

SCOKY: 

WEDNESDAY, APRIL 11, 2007

  • 9:00 a.m. COMMONWEALTH V. BLAKELY (2006-SC-313-CL)
    "Certification of the law. As a result of the General Assembly’s amendments to Chapter 304 of the Kentucky Revised Statutes in 2005, may a non-owner operator of a motor vehicle be assessed criminal penalties because the motor vehicle being driven is uninsured."
  • 10:00 a.m. MITCHELL, ET AL. V. ALLSTATE INSURANCE COMPANY
    (2005-SC-571-DG)
    "Auto Insurance. Omnibus Clause. Issues include the extent of coverage to be given to a permissive user of an auto when the use exceeds or varies from the permission given."
    Discretionary review granted 3/15/2006
  • 11:00 a.m. COMMONWEALTH V. LINK (2004-SC-216-DG) AND
    (CROSS-MOTION) LINK V. COMMONWEALTH
    (2005-CA-068-DG)
    "Criminal Law. Double Jeopardy. Extreme Emotional Disturbance. Issues include whether "implied acquittal" of intentional assault due to conviction of wanton assault makes harmless trial court’s error in failing to instruct on extreme emotional disturbance, which mitigates intentional acts but not wanton acts."

THURSDAY, APRIL 12, 2007

  • 9:00 a.m. QUEENSWAY FINANCIAL HOLDING, LTD., ET AL. V. COTTON & ALLEN, P.S.C. (2004-SC-254-DG)
    "Professional Negligence. Statute of Limitations. The issue is whether action alleging professional negligence against defendant accounting firm was filed within the one-year limitations period of KRS 413.245."
  • 10:00 a.m. CHAPMAN V. COMMONWEALTH (2005-SC-070-MR)
    "Death Penalty"
    Boone Circuit Court, Judge Anthony Frohlich

FRIDAY, APRIL 13, 2007

  • 9:00 a.m. B.B., A CHILD UNDER EIGHTEEN V. COMMONWEALTH
    (2005-SC-814-DG)
    "Juvenile Offenders. Evidence. Hearsay. Witnesses. Issues include whether testimony in juvenile court by examining nurse and by social workers, relating statements made to them by child regarding alleged sexual offense, was inadmissible and prejudicial; whether 4-year-old child was incompetent to testify; and whether evidence was insufficient to support finding that juvenile had committed sexual offense."
  • 10:00 a.m. COMMONWEALTH OF KENTUCKY, FINANCE AND ADMINISTRATION CABINET, ET AL. V. YAMAHA MOTOR MANUFACTURING CORPORATION OF AMERICA, ET AL. (2005-SC-979-DG)
    "Standing. KRS 45A.280. Issues include whether disappointed bidder has standing to sue following denial of a bid protest under the Kentucky Model Procurement Code."
    Discretionary review granted 4/12/2006 (Note: Justice Minton is recused)
  • 11:00 A.M. BITUMINOUS CASUALTY CORPORATION V. KENWAY CONTRACTING, INC., ET AL. (2005-SC-13-DG)
    "Insurance. Construction of Commercial General Liability Insurance Policy. Issues relate to whether a construction company’s commercial general liability insurance policy provides coverage for the mistaken demolition of a house, when the construction company had been hired to demolish only the carport."

COAKY:

MONDAY, APRIL 9, 2007 – FRANKFORT

  • 9:30 AM PAISLEY THOMPSON VANMETER
    JULIE CRIDER VS COMMONWEALTH OF KENTUCKY 2006CA001164
    EMPLOYEE THEFT CASE, CHAIN OF CUSTODY OF DOCUMENTS. USE OF SUMMARIES.
  • 10:15 AM PAISLEY THOMPSON VANMETER
    BONITA HARDIN VS JOHNNIE BURKHOLDER ET AL. 2005CA001777
    CLAIM OF ABUSE OF PROCESS AND INTERFERENCE WITH PROSPECTIVE BUSINESS RELATIONSHIPS. REMAND OF PREVIOUS SUMMARY JUDGMENT, TRIAL COURT AGAIN GRANTED SUMMARY JUDGMENT. LAW OF THE CASE.
  • 11:00 AM VANMETER KNOPF PAISLEY
    GMRI, INC. F/K/A GENERAL MILLS RESTAURANTS, INC. ET AL. VS TIM
    EMBERTON 2005CA002355
    PERSONAL INJURY; VARIOUS ISSUES; STATUTE OF LIMITATIONS; INCONSISTENT VERDICT; EVIDENTIARY ERRORS; EXCESSIVE DAMAGES; CONSTITUTIONALITY OF STATUTE PERMITTING POST-JUDGMENT INTEREST.

TUESDAY APRIL 10, 2007 – FRANKFORT

  • 1:00 PM COMBS MOORE NICKELL
    JERRY LAYTON VS COMMONWEALTH OF KENTUCKY 2004CA002309
    CRIMINAL APPEAL ALLEGING A VIOLATION OF DOUBLE JEOPARDY IN CONVICTION OF COMPLICITY TO MANUFACTURING METH AND ENGAGING IN A CRIMINAL SYNDICATE.
  • 1:45 PM COMBS MOORE NICKELL
    WLEX COMMUNICATIONS, LLC VS LEXINGTON-FAYETTE URBAN COUNTY
    GOVERNMENT 2005CA002453
    DEPARTING FROM THE REASONING OF AN AOG OPINION, THE COURT ENTERED SUMMARY JUDGMENT AND CONSTRUED THE OPEN RECORDS ACT AS SUPPORTING A BLANKET BAN BY CITY GOVERNMENT AS TO RELEASING 911 AUDIO TAPES. TELEVISION STATION ALLEGES ERROR.
  • 2:30 PM ACREE KELLER KNOPF
    CINCINNATI INSURANCE COMPANY VS GEORGE HOFMEISTER ET AL. 2004CA002296
    IS DEFENSE COUNSEL AGENT OF INSURER IN UNFAIR CLAIMS SETTLEMENT PRACTICES ACT LITIGATION/DID COURT IMPROPERLY SUBMIT FRAUD ALLEGATION TO JURY AND NUMEROUS OTHER ISSUES RELATED TO UCSPA LITATION.
  • 3:45 PM HENRY COMBS MOORE
    KWI HOOD VS COMMONWEALTH OF KENTUCKY 2005CA002587
    PROMOTING PROSTITUTION – SUFFICIENT EVIDENCE, PROSECUTORIAL MISCONDUCT.

WEDNESDAY APRIL 11, 2007 – FRANKFORT

  • 9:30 AM MOORE COMBS NICKELL
    SANDRA BOWENS VS KENTUCKY RETIREMENT SYSTEMS 2006CA000941
    REVIEW OF APPLICATION FOR DISABILITY BASED ON TOTAL IMPACT OF DIFFERENT AILMENTS AS A COMBINED FACTOR.
  • 10:15 AM NICKELL COMBS MOORE
    JACKIE MARCUM VS COMMONWEALTH OF KENTUCKY 2005CA001086
    WHETHER THE TRIAL COURT ERRED IN DENYING APPELLANT’S MOTION TO DISMISS, MOTION TO SUPPRESS EVIDENCE RELATIVE TO DESTROYED ITEMS, AND MOTION TO GRANT MISSING EVIDENCE INSTRUCTION.
  • 11:00 AM NICKELL COMBS MOORE
    BONNIE MCCULLOCH VS JANET SULLIVAN 2006CA000482
    WHETHER THE TRIAL COURT ERRED IN OVERRULING APPELLANT’S MOTION FOR NEW TRIAL IN A PERSONAL INJURY CASE.
  • 1:00 PM MOORE COMBS HENRY
    CAM I, INC. ET AL. VS LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT
    2005CA000085
    CONSOLIDATE CASES CHALLENGING ORDINANCE REGULATING ADULT ENTERTAINMENT BUSINESSES.
  • 1:45 PM MOORE COMBS HENRY
    BERNARD BLOCK VS CHRISTINE BLOCK 2005CA000666
    DOMESTIC RELATIONS – MOTION FOR REDUCTION OF MAINTENANCE/CO-HABITATION CASE

Please note: I reserve the right to delete comments that are inappropriate, offensive or off-topic.

Leave a Reply

Your email address will not be published.