SCOKY Oral Arguments for October 21 & 22, 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,
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.

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, OCTOBER 21, 2009

9:00 a.m. HOBSON V. COMMONWEALTH OF KENTUCKY (2007-SC-645-DG)
"Criminal Law. Robbery. Issues include whether escape stage occurs "in
the course of committing theft" under KRS 515.020."
Discretionary Review granted 8/13/2008
Boyd Circuit Court, Judge James D. Ishmael, Jr.
For Movant: Erin Hoffman Yang
For Respondent: William Robert Long, Jr.

2006CA000582

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

10:00 a.m. KNIGHT V. YOUNG (2008-SC-404-DG)
"Child Custody. Hearsay. Issues include admissibility of child's statements
via deposition of social worker."
Discretionary Review granted 1/14/2009
Lyon Circuit Court, Judge Clarance A. Woodall III
For Movant: Brad Goheen
For Respondent: Barclay Walden Banister
(Note: Justice Cunningham is recused)

2007CA001850

Appellant's Brief
Appellee's Brief

11:00 a.m. PATTERSON V. COMMONWEALTH OF KENTUCKY (2008-SC-236-MR)
Oral argument shall be limited to discussion of these issues: 1) whether the
trial court properly excluded evidence of the victim's prior unsubstantiated
sexual abuse allegations and 2) whether this Court should abandon or modify
the standard established in Hall v. Commonwealth, 956 S.W.2d 224, 227 (Ky. App.
1997): "the admissibility of evidence of similar accusation made by the
victim depends on whether they have been proven to be demonstrably false."
Fulton Circuit Court, Judge Charles W. Boteler, Jr.
For Appellant: Samuel N. Potter
For Appellee: James Hays Lawson

Appellant's Brief
Appellee's Brief

Appellant's Reply Brief

THURSDAY, OCTOBER 22, 2009

9:00 a.m. AUTO OWNERS INSURANCE COMPANY V. OMNI INDEMNITY CO.
(2008-SC-606-DG)

"Insurance. Underinsured Motorist Benefits. Issues include whether the
final resolution of a UIM claim due to the UIM carrier's own action of settling
with the insured plaintiff prior to trial prevents the UIM carrier from compelling
an adjudication of damages in order to recoup its Coots advance from the alleged
tortfeasor's liability carrier."
Discretionary Review granted 2/11/2009
Jefferson Circuit Court, Judge Mitch Perry
For Movant: Walter L. Porter
For Respondent: Christopher T. Coburn
(Note: Justice Abramson is recused)

2007CA001165

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

10:00 a.m. SMITH V. COMMONWEALTH OF KENTUCKY (2008-SC-060-DG)
"Criminal Law. Search and Seizure. Miranda Warnings. Custody Determination.
Issues include the admissibility of incriminating statements where the defendant
was handcuffed but not Mirandized, and specifically whether the holding in Taylor
v. Commonwealth, 182 S.W.3d 521 (Ky. 2006) that handcuffing a suspect does not
necessarily constitute "custody" for Miranda purposes should be re-evaluated.
Also at issue is the breadth of the safety exception which prevents questions
from being deemed "interrogation."
Discretionary Review granted 8/13/2008
Jefferson Circuit Court, Judge Denise Clayton
For Movant: Elizabeth B. McMahon
For Respondent: Jeffrey Allan Cross

2006CA002120

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

11:00 a.m. COMMONWEALTH OF KENTUCKY, EX REL. J. MICHAEL BROWN, SECRETARY,
JUSTICE AND PUBLIC SAFETY CABINET V. INTERACTIVE MEDIA ENTERTAINMENT & GAMING
ASSOCIATION, INC., ET AL.
(2009-SC-043-MR)

"Writ of Prohibition preventing seizure of 141 Internet domain names."
Franklin Circuit Court, Judge Thomas D. Wingate
For Appellant: David Eric Lycan, William Cecil Hurt, Jr., William Harvey May
and Aaron Davis Reedy
For Appellees: Jon L. Fleischaker, Robert Kenyon Meyer, James Lee Adams, Bruce
F. Clark, Margaret Eileen Mary Keane, Phillip D. Scott, John Lewis Tate, Joel
Beres, Ian Thomas Ramsey and William E. Johnson

Appellant's Brief
Appellee's Brief
Appellee's Brief
Appellee's Brief
Appellant's Reply Brief
Amicus Curiae Brief
Amicus Curiae Brief
Amicus Curiae Brief
Amicus Curiae Brief

FRIDAY, OCTOBER 23, 2009

NO ORAL ARGUMENTS

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