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WEDNESDAY, FEBRUARY 11, 2009
9:00 a.m. TOBAR V. COMMONWEALTH OF KENTUCKY (2007-SC-842-DG)
"Criminal Law. Sex-Offender Registration. Issues include whether the
statutory requirement that a registered sex offender must (re)register upon a
"change of address" is unconstitutional in the case of a registrant
who becomes homeless."
Discretionary Review granted 5/14/2008
Fayette Circuit Court, Judge Mary C. Noble
For Movant: Samuel N. Potter
For Respondent: James Coleman Shackelford
(Note: Justice Noble is recused)
10:00 a.m. STEVE BESHEAR (IN HIS OFFICIAL CAPACITY AS THE GOVERNOR OF THE
COMMONWEALTH OF KENTUCKY), ET AL. V. HAYDON BRIDGE COMPANY, INC., ET AL.
"Temporary suspension of an appropriation statute in a budget
bill-applicability of the publication requirement of Section 51 of the Kentucky
Franklin Circuit Court, Judge William L. Graham
For Appellants: Virginia Hamilton Snell, Mark Stephen Pitt and Christopher W.
For Appellees: Mark David Guilfoyle, H. Edward O'Daniel, Jr. and Francis Lee
11:00 a.m. COMMONWEALTH OF KENTUCKY V. HOUSE (2008-SC-114-DG)
"Criminal Law. DUI. Pre-trial Discovery. Trade Secret. Issue is the
propriety of ordering disclosure of the computer "source code" of the
Intoxylizer 5000 where the manufacturer claims that it is a trade secret and the
defendant urges that failure to disclose it violates his confrontation
Discretionary Review granted 6/11/2008
Fayette Circuit Court, Judge Kimberly N. Bunnell
For Movant: Perry Thomas Ryan
For Respondent: Thomas Dulaney Bullock and Harold Lewis Kirtley, II
THURSDAY, FEBRUARY 12, 2009
9:00 a.m. FREEMAN, (JESSAMINE COUNTY PVA), ET AL.V. ST. ANDREW ORTHODOX
CHURCH, INC. (2007-SC-640-DG)
"Tax. Property Exemptions. The issue is whether church property, rented to
third parties yet used occasionally by church members, is exempt from taxation
under Ky. Const. § 170."
Discretionary Review granted 8/13/2008
Jessamine Circuit Court, Judge C. Hunter Daugherty
For Movants: Douglas M. Dowell
For Respondent: David Andrew Owen, Mark Francis Sommer and Jennifer Sartor Smart
10:00 a.m. ST. CLAIR V. COMMONWEALTH OF KENTUCKY (2005-SC-828-MR)
Bullitt Circuit Court, Judge Thomas Waller
For Appellant: Shannon Renee Dupree and Linda Roberts Horsman
For Appellee: David A. Smith
FRIDAY, FEBRUARY 13, 2009
9:00 a.m. CANTRELL, ET AL. V. ASHLAND OIL, INC., ET AL. (2006-SC-763-DG)
AND (CROSS-MOTION) ASHLAND OIL, INC., ET AL. V. CANTRELL, ET AL.
"Environmental Contamination. Evidence. Damages. Instructions. Statute of
Limitations. In action by landowners against oil-drilling company alleging
contamination of surface and water, issues include whether certain claims were
improperly dismissed as time-barred; whether on remaining claims trial court
improperly excluded evidence from plaintiffs' expert and lay witnesses; whether
instructions to jury were erroneous; whether damages were no more than
"stigma" damages for which there could be no recovery; and whether
defendants were entitled to judgment as a matter of law."
Discretionary Review granted 10/24/2007 and 12/12/2007
Johnson Circuit Court, Judge Stephen Frazier
For Movants/Cross-Respondents: Joseph R. Lane and Ned Barry Pillersdorf
For Respondents/Cross-Movants: Anne Adams Chesnut, Michael J. Schmitt, Phillip
D. Scott and Brian Michael Johnson
(Note: Justice Scott is recused)
10:00 a.m. BLUE MOVIES, INC., D/B/A LOVE BOUTIQUE, ET AL. V.
LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT
"First Amendment. Adult Entertainment. Twenty-First Amendment. Issues
include the constitutionality of certain provisions regulating adult
entertainment establishments, particularly a provision prohibiting alcohol
sales, a provision requiring disclosure of principal owners and a "no
Discretionary Review granted 4/16/2008
Jefferson Circuit Court, Judge Stephen P. Ryan
For Movants: Edward Brian Davis, Paul S. Gold, Charles Michael Hatzell, Frank
Mascagni, III, Ronald Ludlow Cook, David Stuart Stevenson, H. Louis Sirkin and
Bradley J. Shafer
For Respondent: Winston King, N. Scott Lilly, William P. O'Brien and Scott D.