SCOKY Arguments with Briefs and Underlying COA Opinions for Oct. 24 and 26, 2007 (Reminder – Live Web Casting A First]

Note:  This month’s oral arguments at the Supreme Court will be live on-line.  Go to AOC web site on day of argument for link: http://courts.ky.gov/default.htm.

UPDATED: HERE IS A DIRECT LINK TO THE PAGE AT UK COLLEGE OF LAW FOR THE LIVE ARGUMENTS.  http://www.uky.edu/Law/news/07_10_23_KYSupremeLIVE.html.

WEDNESDAY, OCTOBER 24, 2007

9:00 a.m. BROWN V. COMMONWEALTH (2005-SC-967-DG)
AND
BROWN V. COMMONWEALTH (2006-SC-151-DG)

"Criminal Law. RCr 11 .42. Assistance of Counsel. Issues include whether Court of Appeals engaged in fact-finding and credibility assessment in reversing trial court’s grant of post-conviction relief under RCr 11.42."
Discretionary review granted 8/17/2006
Fayette Circuit Court, Judge Gary D. Payne
For Movant: Marguerite Neill Thomas
For Respondent: Todd D. Ferguson

Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
Related Supreme Court Case:  2005-SC-000967
COA Opinion: 2003-CA-002624.pdf

10:00 a.m. ASSET ACCEPTANCE, LLC V. MOBERLY (2006-SC-617-DG)
"Final and Appealable Orders. Setting Aside Default Judgment. Issues include whether order setting aside default judgment against debtor, ordering restoration of monies collected through non-wage garnishment, and permitting alleged debtor to file answer was a final and appealable order."
Discretionary review granted 12/13/2006
Madison Circuit Court, Judge Julia Hylton Adams
For Movant: Kyle A. Cooper, Charlie W. Gordon, and Joshua Albert De Renzo
For Respondent: James T. Gilbert and Jason Stephen Wilson

Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief

COA Opinion: 2005-CA-000863

11:00 a.m. COMMONWEALTH, TRANSPORTATION CABINET, DEPARTMENT OF HIGWAYS V. GUFFEY (NOW MELTON),
ET AL. (2006-SC-436-DG)

"Torts. Duty. When riding ATVs on public roadways is prohibited by statute, whether the Commonwealth is liable for damages from injuries incurred during such illegal ATV riding."
Discretionary review granted 12/13/2006
Wayne Circuit Court, Judge Vernon Miniard, Jr.
For Movant: Andrew Martin Stephens
For Respondents: Richard Hay, Van F. Phillips, Rhonda G. Hatfield-Jeffers, and G. Mitchell Mattingly

Appellant’s Brief
Appellee’s Brief
COA Opinion:  2006-CA-002051

THURSDAY, OCTOBER 25, 2007

NO ORAL ARGUMENTS

FRIDAY, OCTOBER 26, 2007

9:00 a.m. COMMONWEALTH V. COFFEY, ET AL. (2006-SC-172-DG)
"Forfeiture Pursuant to KRS 218A.410(h)2. Innocent Owner Defense. Issues include whether ownership is to be determined by record title or whether indicia of ownership and control will be the determining factors."
Discretionary review granted 8/17/2006
Barren Circuit Court, Judge Phillip R. Patton
For Movant: George G. Seelig
For Respondents: Steven Scott Basil

Appellant’s Brief
Appellee’s Brief
COA Opinion:  2006-CA-000424

10:00 a.m. HYMAN & ARMSTRONG, P.S.C., ET AL. V. GUNDERSON, ET AL. (2006-SC-175-DG)
AND
SANDOZ PHARMACEUTICALS CORPORATION, N/K/A NOVARTIS PHARMACEUTICALS CORPORATION V. GUNDERSON, ET AL. (2006-SC-179-DG)

"Medical Malpractice. Products Liability. Loss of Parental Consortium. Hearsay. Daubert Hearing. Federal Preemption. Learned Intermediary Rule. Punitive Damages. In medical malpractice/products liability action against the doctor who prescribed, and the pharmaceutical company which manufactured,
drug administered to suppress postpartum lactation, among the numerous questions raised are issues relating to (1) the failure to conduct a Daubert hearing; (2) evidence allowed and excluded relating to proof of the loss-of parental-consortium claim; (3) introduction of the cross claim which was settled prior to trial; (4) federal preemption of claims of inadequate warnings; (5) the award of punitive damages; and (6) the application of the learned intermediary rule."
Discretionary review granted 10/12/2006
Jefferson Circuit Court, Judge Barry Willett
For Movants (Hyman & Armstrong, P.S.C., Et Al.): Raymond G. Smith, Edward H. Stopher, and Rodney Dale Payne
For Movant (Sandoz Pharmaceuticals Corporation): Virginia Hamilton Snell, Katharine R. Latimer, Bruce J. Berger, Joe G. Hollingsworth, and Deborah H. Patterson
For Respondents: Larry B. Franklin and Michael R. Hance
Court of Appeals Opinion: 2004-CA-001536

11:00 a.m. COMMONWEALTH V. GADDIE (2006-SC-575-DG)
"Criminal Law. Drug Court. Sentence Modification. At issue is whether, more than ten days after imposition of sentence, the court may, with the defendant’s consent, increase the defendant’s underlying sentence in conjunction with a referral to drug court."
Discretionary review granted 1/18/2007
Hardin Circuit Court, Judge Kelly M. Easton
For Movant: Jennifer B. Pitts
For Respondent: Shane Alan Young

Appellant’s Brief
Appellee’s Brief

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