Oral Arguments for week of March 12-16, 2007

SCOKY[Reminder:  Take a videotape with you to your argument, give it to the clerk, and ask for a copy at the end.  Then contact www.ScokyBlog.com who will digitize it for you and make it available for others.  Great learning tool for the rest of us.  Here is the link at SCOKYBLOG:  Audio File from Commonwealth v. York Oral Argument]

WEDNESDAY, MARCH 14, 2007

  • 9:00 a.m. DUNN V. FELTY (2005-SC-295-DG)
    "False Arrest. Limitations. At issue is when the statute of limitations begins to run on a cause of action for false arrest and excessive force."
    Discretionary review granted 11/16/2005
    Jefferson Circuit Court, Judge Barry Willett
    For Movant: Thomas E. Clay and Garry Richard Adams, Jr.
    For Respondent: Lisa A. Schweickart
  • 10:00 a.m. CAPE PUBLICATIONS, INC. D/B/A THE COURIER-JOURNAL V. UNIVERSITY OF LOUISVILLE FOUNDATION, INC.  (2005-SC-454-DG)
    "Open Records Act. Issues include (1) whether the list of donors and the amounts given to the McConnell Center at the University of Louisville is exempt from disclosure, pursuant to KRS 61 .878(1)(a), and (2) application of the case-by-case balancing of the interest in public disclosure counterpoised to privacy interests."
    Discretionary review granted 12/14/2005
    Jefferson Circuit Court, Judge Stephen K. Mershon
    For Movant: Jon L. Fleischaker, R. Kenyon Meyer, and Jeremy Stuart Rogers
    For Respondent: T. Kennedy Helm, III and Michael D. Risley

THURSDAY, MARCH 15, 2007

  • 9:00 a.m. COMMONWEALTH V. PERRY (2005-SC-521-CL)
    Certification of the Law – KRS 514.070
    Jefferson Circuit Court, Judge F. Kenneth Conliffe
    For Petitioner: Teresa Young
    For Respondent: Daniel T. Goyette, Frank Wm. Heft, Jr., and Carolyn Dawn McMeans
  • 10:00 a.m. FURNISH V. COMMONWEALTH (2004-SC-387-MR)
    "Death Penalty – Retrial of penalty phase of the trial."
    Kenton Circuit Court, Judge Douglas M. Stephens
    For Appellant: Randall L. Wheeler and Karen Maurer
    For Appellee: Louis F. Mathias, Jr. and Michael A. Nickles

FRIDAY, MARCH 16, 2007

  • 9:00 a.m. JONES V. COMMONWEALTH (2005-SC-879-DG)
    "Criminal Law. Evidence. Discovery. Issues include whether trial court improperly limited testimony by defendant’s expert scientific witness due to a discovery violation; and whether pornographic materials seized from defendant and admitted into evidence were irrelevant, improper as "other bad acts" evidence, and more prejudicial than probative."
    Discretionary review granted 5/10/2006
    Meade Circuit Court, Judge Sam Monarch
    For Movant: Alec G. Stone
    For Respondent: William Robert Long, Jr.

  • 10:00 a.m. COMMONWEALTH V. BROWN (2004-SC-553-DG) AND (CROSS-MOTION) BROWN V. COMMONWEALTH (2006-SC-160-DG)
    "Criminal Law. Search. Issues relate to whether circumstances observed by police were sufficiently corroborative of information provided by an anonymous tipster to justify an investigatory stop.
    Discretionary review granted 2/15/2006 and 4/12/2006
    Fayette Circuit Court, Judge John R. Adams
    For Movant/Cross-Respondent: Todd D. Ferguson
    For Respondent/Cross-Movant: Donald P. Cetrulo

  • 11:00 A.M. STEEL TECHNOLOGIES, INC. V. CONGLETON
    (2005-SC-551-DG)

    "Punitive Damages. Damages for Pre-Impact Fear. Issues include whether damages are recoverable for fright and mental distress occurring prior to the impact which causes physical injury, whether an award for punitive damages was proper and, if so, whether the amount awarded was excessive."
    Discretionary review granted 3/15/2006
    Gallatin Circuit Court, Judge Stanley Billingsley
    For Movant: Charles S. Cassis and Stockard R. Hickey, III
    For Respondent: Meredith L. Lawrence
    (Note: Justice Minton is recused)

COA:

March 13, 2007, Tuesday, Frankfort

  • 9:15 am
    ROGER ALEXANDER VS COMMONWEALTH OF KENTUCKY
    APPEAL FROM A JURY VERDICT CONVICTING ALEXANDER OF DIVERTING CHARITABLE GAMING FUNDS FOR FINANCIAL BENEFIT OVER $300. HE ARGUES INAPPROPRIATE AGGREGATION OF OFFENSES, VIOLATION OF HIS RIGHT TO COMPULSORY PROCESS, AND VARIOUS OTHER TRIAL ERRORS.
  • 10:00 am
    BENJAMIN FERRY VS COMMONWEALTH OF KENTUCKY
    FERRY APPEALS A CONVICTION BECAUSE (1) THE TRIAL COURT FAILED TO ALLOW TESTIMONY FROM THE LEAD INVESTIGATOR INTO THE ARRESTING OFFICER’S ILLEGAL ACTIVITIES THAT WOULD TEND TO EXPLAIN WHY THE SUBSTANCE FERRY TESTIFIED WAS SOAP POWDER, ACTUALLY TESTED POSITIVE FOR METH; (2)HE WAS PREJUDICED WHEN UNQUALIFIED WITNESSES, WHO WERE NEVER DISCLOSED AS "EXPERTS" WERE ALLOWED TO TESTIFY THAT MULTIPLE PACKAGES OF METH FOUND ON FERRY INDICATED DEALER, NOT USER.
  • 10:45 am
    LIGGETT GROUP, INC. ET AL. VS COMMONWEALTH OF KENTUCKY ET AL.
    APPELLANTS ALLEGE THE TRIAL COURT FAILED TO ENFORCE THE TERMS OF THE MASTER SETTLEMENT AGREEMENT BETWEEN KY (AND OTHER SETTLING STATES) AND APPELLANTS, TOBACCO COMPANIES THAT HAVE BEEN PARTICIPATING IN MSA IN THE PAST. THE SETTLING STATES PERMITTED A NEW COMPANY, GENERAL TOBACCO, TO JOIN THE MSA ON CONDITIONS THAT VIOLATED THE MSA’S REQUIREMENTS, INCLUDING AMONG OTHER THINGS, EXEMPTING GENERAL TOBACCO FROM HALF OF ITS REQUIRED FIRST YEAR’S PAYMENT OBLIGATION.
  • 1:00 pm
    BARBARA SAWYER VS MELBOURNE MILLS
    SAWYER APPEALS A JNOV SETTING ASIDE A VERDICT FOR $900,000 FROM HER EMPLOYER WHO STOPPED PAYING HER A PROMISED BONUS AS PART OF HER EMPLOYMENT. AT ISSUE IS WHETHER THE STATUTE OF FRAUDS APPLIES TO SAWYER’S CLAIM.
  • 1:45 pm
    WILLIS SUTER ET AL. VS HENRI MAZYCK ET AL.
    THE INITIAL ACTION WAS FOR WASTE AND MISAPPROPRIATION OF CORPORATE FUNDS. SUMMARY JUDGEMENT WAS GRANTED WITHOUT SPECIFIC FINDINGS OF FACT. A MOTION TO AMEND THE COMPLAINT TO STATE AN ACTION TO DISSOLVE THE CORPORATION WAS DENIED. ISSUES ARE WHETHER THE ACTION WAS PREMATURELY TERMINATED, UNCLEAN HANDS DOCTRINE, AND DENIAL OF THE MOTION TO AMEND.
  • 2:30 pm
    CAPITOL RESOURCES CORPORATION VS THE DEPARTMENT OF STATE
    POLICE ACTION BROUGHT PURSUANT TO OPEN RECORDS ACT TO COMPEL KSP TO SUPPLY ACCIDENT REPORT INFORMATION. KSP DECIDED THAT THE REQUEST WAS NOT FOR NEWS PURPOSES AND NOT BY A NEWS GATHERING ORGANIZATION.
  • 3:15 pm
    COMPETITIVE AUTO RAMP SERVICES, INC. VS KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION ET AL.
    IMPOSITION OF UNEMPLOYMENT TAX ON A SUCCESSOR EMPLOYER. THE ISSUE IS WHETHER THERE IS SUBSTANTIAL EVIDENCE TO SUPPORT THE COMMISSION’S CONCLUSION THAT THE TAX CAN BE IMPOSED UNDER KRS 341.540.

March 14, 2007, Wed., London, KY

  • 9:30 am
    AMERICAN COMMERCE INSURANCE COMPANY VS GENELL HALL ET AL.
    UNDERINSURANCE/BAD FAITH/DEFAULT JUDGMENT.
  • 10:15 am
    LAKE CUMBERLAND, LLC VS SCOTTIE DISHMAN ET AL.
    HOSPITAL NEGLIGENCE.
  • 11:00 am
    BETTY TURNER VS PERRY COUNTY COAL CORPORATION ET AL.
    ILLEGITIMATE HEIR INHERITANCE.
  • 1:00 pm
    VERNAL ADKINS ET AL. VS KENTUCKY NATIONAL INSURANCE COMPANY
    SUMMARY JUDGMENT, STACKING OF UNINSURED COVERAGE.
  • 1:45 pm
    GAYNELL DYER ET AL. VS PROVIDIAN AUTO & HOME INSURANCE, CO.
    UNINSURED DRIVER; COLLATERAL SOURCE.
  • 2:30 pm
    CABINET FOR HEALTH & FAMILY SERVICES ET AL. VS E. S.
    PATERNITY; DEFAULT JUDGE, SUFFICIENCY OF SERVICE.

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