SCOKY Oral Arguments for November 18, 19 & 20, 2009

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,
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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, NOVEMBER 18, 2009

9:00 a.m. WATKINS V. COMMONWEALTH OF KENTUCKY (2008-SC-567-DG)
"Criminal Law. Standing. Search and Seizure. Abandonment. Issues include
whether a suspect's immediate flight from a vehicle after being pulled over
constitutes abandonment and thereby deprives the suspect of standing to contest
the subsequent search of the vehicle."
Discretionary Review granted 12/10/2008
Todd Circuit Court, Judge Tyler L. Gill
For Movant: Linda Roberts Horsman
For Respondent: Heather Michelle Fryman

2007CA000869

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

10:00 a.m. MEMBERS CHOICE CREDIT UNION, ET AL. V. HOME FEDERAL SAVINGS AND
LOAN ASSOCIATION (2008-SC-877-DG)

"Credit Unions. Statutory Construction. The issue is whether KRS 286.6-107(2)
permits membership in a credit union predicated on where a person lives ('geographic
field of membership.')"
Discretionary Review granted 2/11/2009
Franklin Circuit Court, Judge Phillip J. Shepherd
For Movants: David Thomas Wilson II
For Respondent: Jill F. Endicott

2007CA002353

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

11:00 a.m. DR. GHASSAN HAJ-HAMED V. OHIC INSURANCE COMPANY
(2008-SC-127-DG)

"Malpractice Insurance. Negligent Cancellation of Contract.
KRS 304.20-320(2)(b). At issue is whether malpractice insurance carrier failed
to give proper notice of cancellation of an insurance contract with physician
and, if so, the proper measure of damages."
Discretionary Review granted 2/11/2009
Campbell Circuit Court, Judge Julie R. Ward
For Movant: Robert Edward Blau
For Respondent: Robert C. Welleford and Tonya Sue Conner Rager

2006CA000200

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

THURSDAY, NOVEMBER 19, 2009

9:00 a.m. JONES, ET AL. V. COMMONWEALTH OF KENTUCKY (2007-SC-922-DG)
"Judicial revocation of conditional discharge. Constitutionality of KRS
532.043(5)."
Discretionary Review granted 10/15/2008
Hickman Circuit Court, Judge Hunter Whitesell
Calloway Circuit Court, Judge Dennis Foust
For Movants: Donald H. Morehead and Jamesa J. Drake
For Respondent: David Wayne Barr and Courtney J. Hightower

2006CA000897

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

10:00 a.m. JAMES V. JAMES (2008-SC-163-DG)
"Civil Procedure. Appeals. CR 60.02. CR 73.02(1)(d). Issues include whether
relation forward doctrine applies to prematurely filed notice of appeal."
Discretionary Review granted 1/14/2009
Taylor Circuit Court, Judge Doughlas M. George
For Movant: Charles Thomas Hectus
For Respondent: Scott P. Zoppoth and Jennifer Lynn Hulse

2007CA001837

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

11:00 a.m. GALLATIN HEALTH CARE, LLC, ET AL. V. SHARON CLARK, IN HER OFFICIAL
CAPACITY AS COMMISSIONER FOR THE KENTUCKY DEPARTMENT OF INSURANCE AND REHABILITATOR
OF AIK CORP, ET AL. (2008-SC-381-TG)

"Approval of Rehabilitator's Settlement Agreement with the officers and
trustees of AIK Corp."
Franklin Circuit Court, Judge Thomas D. Wingate
For Appellants: Robert W. Bishop, Ronald Richard Parry, J. Guthrie True,
For Appellees: Perry Mack Bentley, Walter L. Sales, John Melvin Camenisch, Jr.,
Paul C. Harnice, Justin Drew Clark, Charles G. Middleton III, Charles D. Greenwell,
John Edward Hanley II, John Key Schoen, and Joseph Allan Cobb

2008CA000945

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

FRIDAY, NOVEMBER 20, 2009

9:00 a.m. CINCINNATI INSURANCE COMPANY V. MOTORISTS MUTUAL INSURANCE COMPANY
(2008-SC-293-DG)

"Insurance. Property damage. Contractors. At issue is whether contractual
recovery may be premised upon a builder's substandard work."
Discretionary Review granted 2/11/2009
Jefferson Circuit Court, Judge Mary M. Shaw
For Movant: Michael D. Risley and Brandon Wade Smith
For Respondent: William P. Swain, David Sean Ragland and
Paul Joseph Bishop

2007CA000818

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


10:00 a.m. HEER V. FRASER, ET AL. (2008-SC-280-DG)

"Oil and Gas. Leases. Where oil lease required that a well be 'commenced'
by
a date certain, and lessee cleaned out pre-existing, formerly producing well

and produced oil, with no additional drilling, the issue is whether these actions
by lessee constituted commencement of a well."
Discretionary Review granted 3/11/2009
Metcalfe Circuit Court, Judge Phillip R. Patton
For Movant: Bryan Edward Bennett
For Respondents: William Colvin


2006CA001489

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


11:00 A.M. SPENCER V. ESTATE OF CHARLES SPENCER (2008-SC-191-DG) AND
ESTATE OF CHARLES SPENCER V. SPENCER (2008-SC-196-DG)

"Joint Accounts. Multiple Party Accounts Act. KRS 391 .315(1)(a). Issues
include whether a joint brokerage account is a joint account for purposes of
KRS 391.315(1)(a), which provides the sums remaining on the death of one party
go to the surviving party as against the estate."
Discretionary Review granted 2/11/2009
McCracken Circuit Court, Judge R. Jeffrey Hines
For Lila Faye Spencer: Richard L. Walter and Samuel Scott Marcum
For Estate of Charles Spencer: Mark Lane Ashburn

2007CA000277

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

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