SCOKY Arguments for Aug. 15, 16 & 17, 2007

Here are the cases set for argument at SCOKY for August, 2007, with dates, times, issues, and links to the briefs at Chase Law School (if available):

WEDNESDAY, AUGUST 15, 2007

9:00 a.m. RANKINS V. COMMONWEALTH (2005-SC-690-DG)
"Appeals. Hearsay. Issues include (1) whether the Commonwealth may appeal from a district court’s final order dismissing a case, and (2) whether a witness’ statements to a police officer are admissible as excited utterances."
Discretionary review granted 6/7/2006
Jefferson Circuit Court, Judge Ann Shake
For Movant: Bruce P. Hackett
For Respondent: David A. Sexton

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

10:00 a.m. GRIPSHOVER V. GRIPSHOVER (2005-SC-000729-DG)
AND (CROSS-MOTION) GRIPSHOVER V. GRIPSHOVER
(2006-SC-000256-DG)
"Domestic Relations. Dissolution of Marriage. Division of Real Property. Issues include the extent and divisibility of marital interest in real property that has been placed in an irrevocable trust and the application of Brandenburg v. Brandenburg, 617 S.W .2d 871 (Ky. App. 1981)."
Discretionary review granted 3/15/2006 and 6/7/2006
Boone Circuit Court, Judge Linda Bramlage
For Movant/Cross-Respondent: David A. Koenig
For Respondent/Cross-Movant: D. Anthony Brinker

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

11:00 a.m. LACH V. MAN O WAR, LLC (2005-SC-1014-DG)
"Partnerships. Discovery. Issues include whether general partners effected unlawful conversion of limited partnership to limited-liability company; whether transfer of partnership assets to limited-liability company was unlawful; whether general partners breached fiduciary duty to limited partner; and whether trial court improperly limited discovery by plaintiff limited partner."
Discretionary review granted 8/17/2006
Fayette Circuit Court, Judge Gary D. Payne
For Movant: Glen S. Bagby, J. Robert Lyons, Jr. and Elizabeth U. Mendel
For Respondent: Phillip D. Scott, Theodore R. Martin, Carroll M. Redford, III, and Robert S. Ryan

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

2:00 p.m. HODGE, ET AL. V. HON. EDDY COLEMAN, SPECIAL JUDGE, ET AL. (2007-SC-73-OA)
"Writ of Mandamus to compel expenditure of funds for indigent post-conviction petitioners."
Letcher Circuit Court, Judge Eddy Coleman
For Appellants: Armand I. Judah, Laurence E. Komp, Heather Christina McGregor and David M. Barron
For Respondents: Rickey L. Bartley, David A. Smith and James J. Barrett, III

THURSDAY, AUGUST 16, 2007

9:00 a.m. COMMONWEALTH V. COKER (2005-SC-981-DG)
"Criminal Law. Peremptory Challenge. Batson Violation. Prosecutor exercised peremptory challenge on black venire person who responded positively to defense counsel’s questions, reasoning that the answers demonstrated a defense bias. The issue is whether the prosecutor’s reason was pretextual."
Discretionary review granted 8/17/2006
Franklin Circuit Court, Judge Roger Crittenden
For Movant: William Robert Long, Jr.
For Respondent: Shannon Dupree

Appellant’s Brief
Appellee’s Brief

10:00 a.m. COMMONWEALTH V. BOWLES (2005-SC-39-DG)
"Criminal Law. RCr 11.42. Ineffective Counsel. The issue is whether criminal defendant received effective assistance of counsel at trial."
Discretionary review granted 2/15/2006
Christian Circuit Court, Judge James E. Higgins, Jr.
For Movant: Samuel J. Floyd, Jr.
For Respondent: Susan Jackson Balliet

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

11:00 a.m. MOORHEAD V. MANNING (2006-SC-251-DG)
"Attorney Fees. Issues include the propriety of new litigation, subsequent to final disposition of contract and attorney fee litigation, as a procedure for pursuing post judgment attorney fees."
Discretionary review granted 9/13/2006
Jefferson Circuit Court, Judge Denise Clayton
For Movant: John H. Dwyer, Jr. and James Hays Lawson
For Respondent: W. David Kiser and Simon Brooks Berry
(Note: Justice Schroder is recused)

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

FRIDAY, AUGUST 17, 2007

9:00 a.m. SHANE V. COMMONWEALTH (2006-SC-96-MR)
"Burglary and First Degree PFO – 35 years."
Jefferson Circuit Court, Judge F. Kenneth Conliffe
For Appellant: Frank Wm Heft, Jr.
For Appellee: David W. Barr

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

10:00 a.m. COMMONWEALTH V. BISHOP, ET AL. (2006-SC-123-DG)
"Criminal Law. Arrest Powers. Issues include whether a fourth-class city’s "Home Rule" powers may limit the authority of city police, absent emergency, to the municipal geographical boundaries."
Discretionary review granted 8/17/2006
Clay Circuit Court, Judge Jerry D. Winchester
For Movant: Bryan D. Morrow
For Respondents: Stephan Charles and Charles Edward Keith
(Note: Justice Minton is recused)

Appellant’s Brief
Appellee’s Brief

11:00 A.M. JONES V. CROSS (2005-SC-854-DG) AND (CROSS-MOTION) CROSS V. JONES (2006-SC-164-DG)
"Official Immunity. KRS 70.040. Issues include whether KRS 70.040 grants a limited waiver of a sheriff’s official capacity immunity for allegedly negligent actions of a deputy sheriff. The cross-motion questions the constitutionality of KRS 70.040."
Discretionary review granted 2/15/2006 and 4/12/2006
Barren Circuit Court, Judge Phillip R. Patton
For Movant/Cross-Respondent: Marc A. Lovell and Travis Wayne Calvert
For Respondent/Cross-Movant: Lee Huddleston
(Note: Justice Minton is recused)

Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
Appellee’s Reply Brief
Amicus Curiae Brief of St. Matthews Fire Protection District 

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One thought on “SCOKY Arguments for Aug. 15, 16 & 17, 2007

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