October 2011 SCOKY Oral Arguments

October 2011 SCOKY Oral Arguments

Click on above link for this month's argument calendar.

Click here for 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.

The issues, dates, times, lower court/judge, counsel, AND links to full text of briefs and  COA decision are below!  The actual calendars are on line at AOC – Click here.

WEDNESDAY, OCTOBER 19, 2011
9:00 a.m. HASHMI, M.D. V. KELLY, ETC. (2009-SC-843-DG)
"Medical Malpractice. Expert Witnesses. Witness Disclosure. Issues include the admissibility of expert witness testimony by the defendant where the plaintiff  took expert’s deposition but defendant failed to disclose his intent to utilize deposition as expert testimony."

Discretionary Review granted 12/08/2010
Madison Circuit Court, Judge William T. Jennings
For Movant: Steven Glenn Kinkel and John Christian Lewis
For Respondent: Kenneth L. Sales, Paul Jason Kelley, and David G. Bryant

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief

10:00 a.m. MAYNES V. COMMONWEALTH OF KENTUCKY (2010-SC-681-DG)
"Criminal Law. Indigent or Needy Person. Court Costs. The issue is whether the trial court can order a defendant, previously found to be indigent, to pay court costs as part of defendant's final sentencing."

Discretionary Review granted 3/16/2011
Jefferson Circuit Court, Judge Audra Jean Eckerle
For Movant: Bruce P. Hackett
For Respondent: James Hays Lawson

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief

11:00 a.m. SCHNUERLE, ET AL. V. INSIGHT COMMUNICATIONS COMPANY, L.P., ET AL. (2008-SC-789-DG) AND (CROSS-MOTION) INSIGHT COMMUNICATIONS COMPANY, L.P., ET AL. V. SCHNUERLE, ET AL. (2009-SC-390-DG)
"Contracts. Arbitration. Issues include the validity of mandatory dispute resolution contract clauses barring consumer class actions."

Discretionary Review granted 6/17/2009 and 8/19/2009
Jefferson Circuit Court, Judge A. C. McKay Chauvin
For Movants: H. Philip Grossman, Jennifer Ann Moore, Leslie A. Bailey, Frank Paul Bland, Jr., and Melanie Hirsch
For Respondents: Laurence John Zielke, Nancy Jane Schook, Janice M. Theriot and David N. Hise

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief
Appellant's Reply Brief
Appellee's Reply Brief
Appellee's Supplemental Brief
Amicus Curiae Brief
Amicus Curiae Brief
Amicus Curiae Brief
Amicus Curiae Brief

THURSDAY, OCTOBER 20, 2011
9:00 a.m. DAUGHERTY (NOW BUCHER) V. TELEK (2011-SC-43-DGE)
"Emergency Protective Orders. Domestic Violence Orders. Time for Hearing. The issue is whether statutory time frames involve general subject matter jurisdiction, which cannot be waived, or are jurisdictional aspects of the particular case, which can be waived by a party."

Discretionary Review granted 3/16/2011
Kenton Circuit Court, Judge Christopher J. Mehling
For Movant: Dina Abby Bartlett and Michael Joseph Jurek
For Respondent: Carl Edwin Knochelmann, Jr.

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief
Amicus Curiae Brief

10:00 a.m. DOTSON V. COMMONWEALTH OF KENTUCKY (2010-SC-222-DG)
"Criminal Law. Post-Conviction. RCr 11.42. The issue is whether a defendant who has served out his sentence prior to the lower courts’ adjudication of his post-conviction claim can proceed with his case or are the issues moot thus meriting a dismissal of the claims. The Court has been invited to re-examine its ruling in Parrish v. Commonwealth, 283 S.W.3d 675 (Ky. 2009)"

Discretionary Review granted 1/14/2011
Pike Circuit Court, Judge Steven D. Combs
For Movant: Meggan Elizabeth Smith
For Respondent: Perry Thomas Ryan

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief

11:00 a.m. CONNIE HANCOCK, FLOYD COUNTY PROPERTY VALUATION ADMINISTRATOR, ET AL. V. PRESTONSBURG INDUSTRIAL CORPORATION, ET AL. (2010-SC-376-DG)
"Charitable Organizations. Tax Exemptions. The issue is whether Prestonsburg Industrial Corporation (“PIC”) is a charitable organization under Kentucky Constitution § 170 and thus exempt from ad valorem taxes."

Discretionary Review granted 3/16/2011
Floyd Circuit Court, Judge Danny P. Caudill
For Movants: Douglas M. Dowell and Dwight Stacy Marshall
For Respondents: Richard E. Fitzpatrick, Thomas M. Smith and
Martin L. Osborne

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief

FRIDAY, OCTOBER 21, 2011
NO ORAL ARGUMENTS

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