SCOKY Oral Arguments for May 2011

  SCOKY Oral Arguments for May 2011

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

If the briefs have been filed at NKU at the time of this post, then they are linked here.  If the briefs were not available on line, THEN  Click here and enter the Supreme Court, Month, and year to pull of the results for the briefs filed in the month you need to search (or the link for those "accepted for oral argument.")

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 of briefs and  COA decision are below!  The actual calendars are on line at AOC – Click here.

 WEDNESDAY, MAY 11, 2011

——————CANCELLED——————————————————————

9:00 a.m. STAPLETON V. CITIZENS NATIONAL CORPORATION, ETC.

(2010-SC-098-DG)

"Personal Injury. Slip and Fall. The question is the extent to which an owner of business premises owes a duty to patrons with respect to natural outdoor hazards that are obvious to the invitee as to the owner of the premises."

Discretionary Review granted 11/10/2010
Johnson Circuit Court, Judge John David Preston
For Movant: Donald Wayne McFarland
for Respondent: Susan L. Maines and Jonathan David Weber

Appellant's Brief

Appellee's Brief

Amicus Curiae

10:00 a.m. COMMONWEALTH OF KENTUCKY V. JONES (2010-SC-123-DG)

"Criminal Law. Probation Revocation. Self Incrimination. Use Immunity. The
issue is whether the trial court's failure to continue the probation revocation  hearing until the Commonwealth obtained a conviction on the new substantive offense which was the basis for requesting revocation or alternatively grant the defendant "use immunity" unconstitutionally forced the defendant to choose between asserting his right against self incrimination and his right to present a meaningful and complete defense."

Discretionary Review granted 9/15/2010

Hardin Circuit Court, Judge Eddy Coleman

For Movant: James Hays Lawson

For Respondent: Shelly R. Fears

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

 

11:00 a.m. BARKER V. COMMONWEALTH OF KENTUCKY (2010-SC-116-DG)

"Probation Revocation. The issue is whether the trial court properly revoked the defendant's probation based on his arrest for another felony prior to any conviction for said felony."

Discretionary Review granted 8/18/2010

Graves Circuit Court, Judge Dennis Foust

For Movant: Frederick W. Rhynhart

For Respondent: Joshua D. Farley

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

THURSDAY, MAY 12, 2011

9:00 a.m. ANDERSON V. JOHNSON (2010-SC-646-DGE)

"Child Custody. Modification. Issues include whether factual findings are required in ruling upon post-dissolution motions to modify parental timesharing to accommodate relocation of one joint custodian."

Discretionary Review granted 1/14/2011

Franklin Circuit Court, Judge Reed Rhorer

For Movant: William David Tingley

For Respondent: Max Harding Comley

Appellant's Brief

Appellee's Brief

10:00 a.m. KEIFER V. KEIFER (2010-SC-694-DGE)

"Child Custody. Modification. Issues include whether factual findings are required in ruling upon post-dissolution motions to modify parental timesharing to accommodate relocation of one joint custodian."

Discretionary Review granted 1/14/2011

Hardin Circuit Court, Judge Pamela Addington

For Movant: Douglas E. Miller

For Respondent: Phyllis K. Lonneman and Dawn Lonneman Blair

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. BENNINGFIELD, ETC. V. ZINSMEISTER, DECEASED, ET AL. (2009-SC-660-DG)

"Animal control. KRS 258.235(4). Issues include whether a landlord is strictly liable as a KRS 258.095(5) “owner” for injuries inflicted by a tenant’s dog and, ifso, whether the liability extends to injuries inflicted off the leased premises."

Discretionary Review granted 11/10/2010

Jefferson Circuit Court, Judge Judith E. McDonald-Burkman

For Movant: Vanessa B. Cantley and John Lewis Smith

For Respondents: Douglas Bruce Taylor

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

FRIDAY, MAY 13, 2011

NO ORAL ARGUMENTS

 

 

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