SCOKY ARGS for Feb. 11-13, 2009 – Time, dates, cases, issues and links to full text of lower decision and briefs (filed at Chase Law School)

Appellate briefs are posted at the Northern
Kentucky University, Salmon P. Chase College of Law.  Click
here
.

For Kentucky Supreme
Court LIVE arguments, click
here
on date and time of argument.

The dates, times, briefs,
and  COA decision links are below!

Again, if the litigants
would like to request from the AOC at the time of their arguments copies of the
videos and send to us, we will stream them!

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.
(2007-SC-58-TG)

"Temporary suspension of an appropriation statute in a budget
bill-applicability of the publication requirement of Section 51 of the Kentucky
Constitution."
Franklin Circuit Court, Judge William L. Graham
For Appellants: Virginia Hamilton Snell, Mark Stephen Pitt and Christopher W.
Brooker
For Appellees: Mark David Guilfoyle, H. Edward O'Daniel, Jr. and Francis Lee
Dickerson.

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
rights."
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)
"Death Penalty-Murder"
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.
(2007-SC-818-DG)

"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
(2007-SC-812-DG)

"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
touching" provision."
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.
Bergthold

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