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
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
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
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
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
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
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
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
