Nov. 2011 Court of Appeals Argument Calendar (sorry, late)

Click here for entire calendar for this month at AOC.

Click here for entire INDEX to COA calendars organized by month and year.

LOCATION: FAYETTE COUNTY CIRCUIT COURT, COURTROOM I, 4TH FLOOR,
120 NORTH LIMESTONE, LEXINGTON, KENTUCKY
DATE: Monday, November 7, 2011

10:45 am
PHYLLIS M. SPALDING v GARY R. MYERS
Spalding argues the court, following a bench trial, erroneously ordered specific  erformance of an option to purchase real property; erroneously granted appellees a credit on a stock purchase agreement; and erroneously ordered payment of attorney fees.

11:30 am
COMMONWEALTH OF KENTUCKY v CHARLOTTE M. JONES
Criminal: whether voided felony conviction, KRS 218A.275, may be expunged, KRS 431.076.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Monday, November 14, 2011

9:45 am
BARBARA GORDON v KENTUCKY PAROLE BOARD
MOR appeal from order denying petition for declaration of rights and injunctive relief which sought to challenge the constitutionality of deferment of parole eligibility for 20 years. Issues include whether trial court and parole board correctly interpreted 501 KAR 1:030 Sec 3(f) in deferring parole; whether deferment is in violation of ex post facto prohibitions of Kentucky and US Constitutions, and whether trial court applied proper standard in analyzing Appellant’s arguments.

LOCATION: HANCOCK COUNTY JUDICIAL CENTER, 310 HAWESVILLE SCHOOL
DRIVE, HAWESVILLE, KENTUCKY
DATE: Tuesday, November 15, 2011

2:30 pm
JOHN WHITNEY JACKSON v COMMONWEALTH OF KENTUCKY
Whether circuit court erred by denying appellant’s motion to suppress.

LOCATION: NKU CHASE COLLEGE OF LAW, MOOT COURTROOM, NUNN HALL
420, HIGHLAND HEIGHTS, KENTUCKY
DATE: Thursday, November 17, 2011

10:45 am
S.G. v THE CARE ACADEMY, INC.
Summary judgment case. Negligent supervision and gross negligence are alleged as to private school entrusted with the care of a minor by the Ky Department of Juvenile Justice. Personal injury involved. There are also claims of false imprisonment and intentional infliction of emotional distress.

11:30 am
RACHEL L. BERGHAUS v US BANK
Appellant claims that trial court (by its own admission) did not understand the Truth in Lending Act, misapplied the law, and erred in granting the appellee bank a summary judgment. Appellant also cites as error the failure of the court to allow her to amend her counterclaim to include fraud in the inducement.

LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Friday, November 18, 2011

10:00 am
LAUREL MOUNTAIN RESOURCES, LLC v ENERGY AND ENVIRONMENT CABINET
Appeal from an order denying a Lands Unsuitable for Mining Petition but nonetheless imposing certain restrictive conditions on all future surface mining in the petition area. At issue is whether the Cabinet exceeded its authority by acting in this manner and whether its decision was supported by substantial
evidence.

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