SCOKY ARGS for April 15-16, 2009 – Time, dates, cases, issues and links to full text of lower decision and briefs (filed at Chase Law School)

Sorry for the tardiness!!!

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 issues, dates, times, lower
court/judge, counsel, AND links to full text ofbriefs and 
COA decision are below!

WEDNESDAY, APRIL 15, 2009

9:00 a.m. MULLINS V. PICKLESIMER (2008-SC-484-DGE)
"Child Custody. Issues include whether the biological mother waived her
superior right of custody, thus permitting a joint custody award by having
acknowledged her same sex partner as a parent of the child, co-parenting the
child prior to separation of the couple and later allowing extensive timesharing
and visitation with the child."
Discretionary Review granted 1/14/2009
Garrard Circuit Court, Judge C. Hunter Daugherty
For Movant: William R. Erwin
For Respondent: Robin Renee Slater

10:00 a.m. COMMONWEALTH OF KENTUCKY V. LOPEZ (2008-SC-308-DG)
"Criminal Law. Probation Revocation. Uniform Code of Military Justice. The
primary issue concerns the weight that courts should give to violations of the
UCMJ which do not necessarily constitute an independent offense under Kentucky
law."
Discretionary Review granted 9/10/2008
Hardin Circuit Court, Judge Kelly M. Easton
For Movant: Heather Michelle Fryman
For Respondent: Sheldon S. Mirkin

11:00 a.m. SOLINGER M.D., ET AL. V. PEARSON, ET AL. (2007-SC-389-DG) AND
(CROSS-MOTION) PEARSON V. SOLINGER, M.D., ET AL. (2008-SC-133-DG)
NORTON HOSPITAL, INC. V. PEARSON (2007-SC-414-DG) AND (CROSS-MOTION) PEARSON V.
NORTON HOSPITAL, INC.
(2008-SC-134-DG)

"Civil Procedure. Summary Judgment. Expert Witnesses. Issues in this
medical malpractice action include whether the trial court erred in entering
summary judgment in favor of the defendants after the then-pro se plaintiff
failed to disclose timely her expert witnesses."
Discretionary Review granted 2/13/2008 and 4/16/2008
Jefferson Circuit Court, Judge Judith E. McDonald-Burkman
For Movants/Cross Respondents (Solinger, et al.): James Patrick Grohmann and
Katherine K. Vesely
For Movant/Cross-Respondent (Norton Hospital, Inc.): Bradley R. Hume and Beth
Hendrickson McMasters
For Respondent/Cross-Movant (Pearson): Alan Steven Rubin

THURSDAY, APRIL 16, 2009

9:00 a.m. MAULDIN, ET AL. V. BEARDEN (2008-SC-557-DGE)
"Child Custody and Visitation. Issues include whether Kentucky retained
jurisdiction over visitation under KRS 403.824, a UCCJEA provision adopted
in 2004."
Discretionary Review granted 1/14/2009
Jefferson Circuit Court, Judge Stephen M. George
For Movants: Mitchell A. Charney and Stephanie Lynn Morgan-White
For Respondent: Armand I. Judah

10:00 a.m. ASSOCIATED INSURANCE SERVICE, INC., ET AL. V. GARCIA, M.D., ET
AL. (2008-SC-037-DG) AND AON RISK SERVICES INC. OF OHIO, ET AL. V. GARCIA, M.D.,
ET AL. (2008-SC-044-DG).

"Professional negligence case against an insurance agent and broker.
Assignment of claims. Summary judgment."
Discretionary Review granted 9/10/2008
Jefferson Circuit Court, Judge Geoffrey P. Morris
For Movant (Associated Insurance Service): Frank P. Doheny, Jr. and Michael C.
Merrick
For Movant (Aon Risk Services): Mark Scott Riddle, Brent Robert Baughman and P.
Blaine Grant
For Respondents: Larry B. Franklin and Leroy E. Sitlinger, Jr.

11:00a Meece v. Commonwealth, 2006-SC-881 [note this was not listed in the
SC's Oral Argument Calendar but was included with the briefs filed at NKY Chase
School of Law; these are included in an abundance of caution]

FRIDAY, APRIL 17, 2009 —— NO ORAL ARGUMENTS

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