October 17 & 18, 2012 SCOKY Argument Calenadar

SCOKY will hear oral arguments in Frankfort this month addressing issues relative to restitution, jurisdiciton in criminal law context; reclassification of controlled substance act; warrantless search of trash container of defendant; juvenile Miranda warnings; Dram Shop Act, sale of alcohol to minor.

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.

WEDNESDAY, OCTOBER 17, 2012

9:00 a.m. COMMONWEALTH OF KENTUCKY V. STEADMAN (2010-SC-326-DG) AND (CROSS-MOTION) STEADMAN V. COMMONWEALTH OF KENTUCKY (2011-SC-508-DG)

“Criminal Law. Restitution. Jurisdiction. The questions presented include whether a defendant can consent to a delay in a restitution hearing and disposition beyond ten days after entry of final judgment.”
Discretionary Review granted 3/16/11 and 10/19/11
Logan Circuit Court, Judge Tyler L. Gill
Attorney for Appellant/Cross-Appellee: Todd Dryden Ferguson
Attorney for Appellee/Cross-Appellant: Kyle Anthony Burden

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

10:00 a.m. COMMONWEALTH OF KENTUCKY V. HAMILTON, ET AL. (2011-SC-227-DG)

“Challenge to Reclassification of a controlled substance by the Cabinet for Health and Family Services.” Discretionary Review granted 3/14/12 Knox Circuit Court, Judge Gregory Allen Lay Attorney for Appellant: James Coleman Shackelford Attorney for Appellees: Donn Randall Jewell and Travis Alan Rossman

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

11:00 a.m. NO ORAL ARGUMENT REVISED 09/26/2012
Although the SCOKY Argument Calendar has nothing scheduled at this time, the NKU Web Site has the following listing which I am including now (to be safe):

11:00a Flick v. Estate of Christina Wittich, 2010-SC-664
Appellant’s Brief
Appellee’s Brief

THURSDAY, OCTOBER 18, 2012
9:00 a.m. COMMONWEALTH OF KENTUCKY V. OUSLEY (2011-SC-403-DG)

“Criminal Law. Warrantless searches of defendant’s trash container. Expectation of privacy.”
Discretionary Review granted 4/18/12
Fayette Circuit Court, Judge James D. Ishmael, Jr.
Attorney for Appellant: David Wayne Barr
Attorney for Appellee: Louis W. Rom

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

10:00 a.m. N.C., A CHILD UNDER EIGHTEEN V. COMMONWEALTH OF KENTUCKY (2011-SC-271-DG)

“Juvenile Law. Custody. Miranda. The issue is whether a juvenile’s incriminating statements are admissible where the school’s assistant principal questioned the juvenile about criminal conduct in the presence of a school resource officer, who was also a deputy sheriff, without giving the juvenile Miranda warnings or telling the juvenile he was free to leave the office, refuse to answer questions, or free to call his legal guardian. ”
Discretionary Review granted 2/15/12
Nelson Circuit Court, Judge Robert W. Heaton
Attorneys for Appellant: Robert Kenneth Strong and Renee Sara Vandenwallbake
Attorneys for Appellee: Terry Lane Geoghegan and John Samuel Kelley,

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

11:00 a.m. FORT MITCHELL COUNTRY CLUB V. TIMOTHY LAMARRE, ET AL. (2011-SC-665-DG)

“Torts. Dram Shop Act. Issues include: whether statutory violations other than the sale of alcohol to a minor deprive a dram shop of the Act’s protection; and whether intent to hold intoxicated tortfeasors primarily liable and licensed alcohol sellers only secondarily liable survives Taylor v. King, 345 S.W.3d 237(Ky. App. 2010).”
Discretionary Review granted 3/14/12
Kenton Circuit Court, Judge Gregory M. Bartlett
Attorneys for Appellant: Mark G. Arnzen, Donald L. Stepner and Daniel Edward Linneman
Attorneys for Appellees: Todd V. McMurtry and Ryan Michael McLane

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

FRIDAY, OCTOBER 19, 2012 NO ORAL ARGUMENTS

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