SCOKY Oral Arguments for June 9, 10, 11, 2010

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
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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, JUNE 9, 2010

9:00 a.m. DAVIS, ET AL. V. SCOTT, ET AL. (2009-SC-159-DG) AND
(CROSS-MOTION)
SCOTT, ET AL. V. DAVIS, ET AL. (2009-SC-391-DG)

"Assignment of proceeds from legal malpractice claim. Summary
Judgment.The
issues are: 1. whether Kentucky should allow parties to assign a
portion of
the proceeds from a legal malpractice claim; 2. whether the trial
court properly
grants summary judgment where the parties present conflicting evidence
as to
whether the assignment was an assignment of a legal malpractice claim
or an
assignment of a portion of the proceeds and who controls the
litigation, and
3. even if a party cannot assign a portion of the proceeds from the
claim, can
the party proceed with the malpractice litigation? On cross-motion,
Scott raised
the following issues: 1. did the trial court err by denying summary
judgment
on "corrective" attorney's fees; 2. did the trial court err by failing
to grant summary judgment on Davis's claim for emotional distress
damages; 3.
did the trial court err by failing to dismiss the case based on the
fundamental
disagreement between Davis's expert witnesses as to when and how Scott
violated
the standard of care, and 4. whether one of Davis's expert witnesses
can testify
Scott violated SCR 3.130 regarding competency."

Discretionary Review granted 6/17/2009 and 8/19/2009
Hardin Circuit Court, Judge Robert A. Miller
For Movants: Hans George Poppe, Jr. and Warner Thomas Wheat
For Respondents: Bethany A. Breetz, Matthew W. Breetz and Demetrius O.
Holloway

Appellant's
Brief
Appellee's
Brief
Appellant's
Reply Brief
Appellee's
Reply Brief

10:00 a.m. HUNT V. COMMONWEALTH OF KENTUCKY (2009-SC-312-DG)
"Criminal Law. Probation Revocation. Due Process. The issues are 1.
does
the trial court deny the probationer due process of law by appointing
counsel
on the morning of the hearing and then proceeding with the hearing; 2.
does
the trial court deny the probation due process of law by requiring the
probationer
to "show cause" why his probation should not be revoked, and 3. does
the trial court deny the probation due process and the right against
self incrimination
by failing to swear witnesses and requiring the probationer to answer
direct
questions?"

Discretionary Review granted 10/21/2009
Hickman Circuit Court, Judge Timothy A. Langford
For Movant: Samuel N. Potter
For Respondent: William Robert Long, Jr.

Appellant's
Brief
Appellee's
Brief
Appellant's
Reply Brief

11:00 a.m. COMMONWEALTH OF KENTUCKY V. LOVE (2009-SC-671-DG)
"Revocation of probation. State and federal sentences of imprisonment
to
be served concurrently."
Discretionary Review granted 1/13/2010
McCracken Circuit Court, Judge R. Jeffrey Hines
For Movant: Joshua D. Farley
For Respondent: Karen Shuff Maurer

Appellant's
Brief
Appellant's
Brief
Appellee's
Brief

Appellant's
Reply Brief

THURSDAY, JUNE 10, 2010

9:00 a.m. CERTAINTEED CORPORATION V. DEXTER, ET AL.
(2008-SC-886-DG) AND
GARLOCK SEALING TECHNOLOGIES, LLC. V. DEXTER, ET AL.
(2008-SC-890-DG)

"Asbestos. Apportionment. Standard of Proof. Among the issues involved
are: 1. does the jury's failure to apportion damages among the empty
chair co-defendants
justify the trial court granting the defendants' Motion for a New
Trial, and
2. how much proof must defendants present against empty chair
defendants to
justify apportionment of damages?."

Discretionary Review granted 10/21/2009
Marshall Circuit Court, Judge Paul W. Rosenblum
For Movant Certainteed Corp.: Lisa Devillez Carter, Eric Allen Ludwig,
Elizabeth
Runyan Geise, William F. Sheehan and David C. Marshall
For Movant Garlock Sealing Tech.: John K. Gordinier and Ilam Edward
Smith
For Respondents: Kenneth L. Sales, John Robert Shelton and Joseph
Donald Satterley

Appellant's
Brief
Appellant's
Brief
Appellee's
Brief
Appellee's
Brief
Appellant's
Reply Brief
Appellant's
Reply Brief

10:00 a.m. HOLLON V. COMMONWEALTH OF KENTUCKY (2008-SC-618-DG)
"Criminal Law. Post-Conviction Proceedings. Ineffective Assistance.
Issues
include whether ineffective assistance of appellate counsel claims
should be
recognized."

Discretionary Review granted 2/11/2009
Franklin Circuit Court, Judge Thomas D. Wingate
For Movant: Amy Robinson Staples
For Respondent: Perry Thomas Ryan
(Rescheduled from April 14, 2010)

11:00 a.m. HAZARD COAL CORPORATION, ET AL. V. KNIGHT, ET AL.
(2008-SC-735-DG)

"Civil Procedure. Right to Trial by Jury. Waiver. Issues include
whether
plaintiffs, who demanded jury trial in complaint, waived right by
failing to
object to court's sua sponte order for bench trial and by
participating in bench
trial to conclusion without objection."
Discretionary Review granted 10/21/2009
Perry Circuit Court, Judge William Engle III
For Movants: Charles Justice Baird, Paul Randall Collins and Ronald
Glenn Combs
For Respondents: Ronald Glen Polly

Appellant's
Brief
Appellee's
Brief
Appellant's
Reply Brief

FRIDAY, JUNE 11, 2010

9:00 a.m. HALLUM V. COMMONWEALTH OF KENTUCKY (2009-SC-762-DG) AND
JONES
V. COMMONWEALTH OF KENTUCKY (2010-SC-49-DG)

"Appellate Procedure. Belated Appeals. At issue is whether doctrine of
equitable estoppel, or prison mailbox rule, should allow belated
filing of appeal
when documents were delivered to prison mailroom prior to filing
deadline but
were not marked as tendered by clerk until after deadline."
Discretionary Review granted 4/15/2010
Logan Circuit Court, Judge Tyler L. Gill
Marion Circuit Court, Judge Doughlas M. George
For Movants: Brandon Neil Jewell
For Respondent: Jeffrey Allan Cross and Bryan Darwin Morrow

Appellant's
Brief
Appellant's
Brief
Appellee's
Brief
Appellee's
Brief

10:00 a.m. BALLARD V. COMMONWEALTH OF KENTUCKY (2009-SC-314-DG)
"Criminal Law. Pretrial Diversion. Appeals. Where trial court ruled
that
it had lost jurisdiction to grant Commonwealth's motion to revoke
pretrial diversion
agreement with defendant because period of diversion had expired prior
to hearing
on motion – although motion had been filed prior to expiration –
issues include
whether Commonwealth's appeal should have been dismissed as
interlocutory and,
if not, whether trial court had jurisdiction to grant motion to
revoke."
Discretionary Review granted 11/18/2009
Jefferson Circuit Court, Judge Geoffrey P. Morris
For Movant: James David Niehaus
For Respondent: Teresa Ann Young and Dorislee J. Gilbert

Appellant's
Brief
Appellee's
Brief
Appellant's
Reply Brief

11:00 a.m. HOWARD V. HOWARD (2009-SC-442-DG)
"Dissolution of Marriage. Child Support. Discharge in Bankruptcy.
Issues
include whether family court's determination that party was
voluntarily underemployed
and not entitled to a reduction in child-support obligation was
clearly erroneous;
and whether party's bankruptcy subsequent to divorce decree discharged
an indebtedness
imposed upon him in the decree."
Discretionary Review granted 11/18/2009
Laurel Circuit Court, Judge Roderick Messer
For Movant: Douglas Glenn Benge

For Respondent: Mary-Ann Smyth

Appellant's
Brief
Appellant's
Brief
Appellee's
Brief
Appellant's
Reply Brief

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