SCOKY Oral Arguments for April 2011

SCOKY Oral Arguments for April 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.

 

SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

 

WEDNESDAY, APRIL 13, 2011

9:00 a.m. SHAWNEE TELECOM RESOURCES, INC., ETC. V. BROWN

(2009-SC-574-DG)

"Dissenter's Rights. Corporations. The issue is by what method the trial court

should value the dissenting sharholder's stock shares."

Discretionary Review granted 9/15/10

Fayette Circuit Court, Judge Gary D. Payne

For Movant: Derise Duane Cook

For Respondent: Clark Philip Case and Jessica K. Case

 

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae

 

 

10:00 a.m. JACKSON V. COMMONWEALTH OF KENTUCKY (2009-SC-115-DG)

"Criminal Law. Juvenile Code. Jurisdiction. Preservation. Issues include

whether a guilty plea waives juvenile's right to later challenge transfer from

juvenile court to circuit court or whether the issue is one of subject matter

jurisdiction; and whether transfer based upon an "enhanced charge" because of

juvenile's possession of firearm was improper."

Discretionary Review granted 10/13/10

McCracken Circuit Court, Judge Craig Z. Clymer

For Movant: Rebecca Lynn Hobbs

For Respondent: Joshua D. Farley

 

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

 

11:00 a.m. MADISON COUNTY FISCAL COURT, ET AL. V. KENTUCKY LABOR

CABINET, ET AL. (2010-SC-322-TG)

"Declaratory Judgment. Sovereign Immunity. Firefighters' overtime wages."

Franklin Circuit Court, Judge Thomas D. Wingate

For Movant: Douglas L. McSwain, Derrick Thomas Wright, Steven Charles

Martin, Matthew C. Smith, and William A. Dykeman

For Respondent: David Nelson Shattuck, Melissa Jan Williamson, and David

O'Brien Suetholz

 

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae

Amicus Curiae

 

 

THURSDAY, APRIL 14, 2011

9:00 a.m. WOODSON V. WOODSON (2010-SC-053-DG)

"Domestic Relations. Maintenance. Issues include whether the rule set out in

Dame v. Dame, 628 S.W.2d 625 (Ky. 1982), that lump sum maintenance is not

modifiable should be revisited."

Discretionary Review granted 11/10/10

Jefferson Circuit Court, Judge Dolly Jean W. Berry

For Movant: Michael Richard Slaughter

For Respondent: James Paul McCrocklin

Appellant's Brief

Appellee's Brief

 

 

10:00 a.m. COMMONWEALTH OF KENTUCKY V. JOHNSON (2009-SC-589-DG)

"Criminal Law. Flagrant Nonsupport. Probation Revocation Hearing. At issue is

whether a defendant's legitimate inability to make child support payments,

required as a probation condition, may be considered prior to revoking

probation for failure to make the payments."

Discretionary Review granted 3/10/10

Graves Circuit Court, Judge Timothy C. Stark

For Movant: William Robert Long, Jr.

For Respondent: V. Gene Lewter

 

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

 

11:00 a.m. COMMONWEALTH OF KENTUCKY V. MARSHALL (2009-SC-229-DG) AND

(CROSS-MOTION) MARSHALL V. COMMONWEALTH OF KENTUCKY

(2010-SC-348-DG)

"Criminal Law. Probation Revocation. Flagrant Nonsupport. Issues involve the

adequacy of factual findings in support of probation revocation for flagrant

nonsupport, a charge contested on the merits as grounded upon legitimate

inability to make agreed child support payments as ordered as a probation

condition."

Discretionary Review granted 5/12/10 and 8/18/10

Graves Circuit Court, Judge Timothy C. Stark

For Movant: Joshua D. Farley

For Respondent: Kathleen Kallaher Schmidt

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Appellee's Reply Brief

 

 

FRIDAY, APRIL 15, 2011

9:00 a.m. TURNER V. NELSON, ETC., ET AL. (2010-SC-356-DG)

"Torts. Negligent Supervision. Issues include whether a civil cause of action

can be grounded upon a teacher’s failure to report (pursuant to KRS 620.030)

the alleged inappropriate touching of a five-year-old girl by another five-year-old

girl at school."

Discretionary Review granted 11/10/10

Fayette Circuit Court, Judge Sheila R. Isaac

For Movant: Mark S. Fenzel, Dana Lucas Collins and Kevin Lee Chlarson

For Respondent: J. Dale Golden, Michael T. Davis, and Melissa Thompson

 

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

 

10:00 a.m. COMMONWEALTH OF KENTUCKY V. NASH (2010-SC-065-DG)

"Criminal Law. Sex Offender Registration Act (SORA). Ex post facto law.

Issues include the effects of the 2006 Amendments to SORA on this Court's

opinion in Peterson v. Shake, 120 S .W.3d 707 (Ky. 2003); and whether the

increased penalty for failure to register as a sex offender is an ex post facto

violation where the duty to register began prior to the 2000 Amendments to

SORA and the violation occurred after 2006 Amendments to SORA."

Discretionary Review granted 10/13/10

Fayette Circuit Court, Judge Pamela Goodwine

For Movant: James Coleman Shackelford

For Respondent: Samuel N. Potter

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

 

 

Please note: I reserve the right to delete comments that are inappropriate, offensive or off-topic.

Leave a Reply

Your email address will not be published.