Supreme Court Arguments for March 12, 13 & 14, 2008

Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law.  Click here.

For Kentucky Supreme Court LIVE arguments, click here on date and time of argument.

WEDNESDAY, MARCH 12, 2008

9:00 a.m. WORKFORCE DEVELOPMENT CABINET V GAINES
(2005-SC-965-DG)
"Kentucky Whistleblower Act. The issue is whether a state agency is a proper recipient of its employee’s whistleblower report under KRS 61.102(1), or whether the report must be made to an investigative or law enforcement authority."
Discretionary Review granted 3/14/2007
Franklin Circuit Court, Judge William L. Graham
For Movant: Stewart Burch
For Respondent: Herbert L. Segal and David O’Brien Suetholz
(Note: Justice Abramson and Justice Noble are not sitting –
Special Justices Stewart E. Conner and David T. Royse sitting)

Briefs filed at Chase College of Law:

Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief

COA OPINION:  2004CA001146 http://opinions.kycourts.net/coa/2004-CA-001146.pdf

10:00 a.m. CONSOLIDATED INFRASTRUCTURE MANAGEMENT AUTHORITY, INC. V. ALLEN (2006-SC-188-DG)
AND (CROSS- MOTION) ALLEN V. CONSOLIDATED INFRASTRUCTURE MANAGEMENT AUTHORITY, INC.

(2006-SC-712-DG)
"Limitations. Whistleblower Statute. Issues include whether the
90-day KRS 61.103(2) limitations period governs the remedies provided in KRS 61.990(4)."
Discretionary Review granted 9/13/2006 and 11/15/2006
Logan Circuit Court, Judge Tyler L. Gill
For Movant/Cross-Respondent: Gregory N. Stivers and Scott Donald Laufenberg
For Respondent/Cross-Movant: Michael C. Bratcher and Pamela C. Bratcher

Briefs filed at Chase College of Law:

Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
Related SCOKY Case: 2006-SC-000188

COA OPINION:  http://opinions.kycourts.net/coa/2004-CA-001508.pdf

11:00 a.m. COMMONWEALTH V. MERRIMAN (2006-SC-330-DG)  AND (CROSS-MOTION) MERRIMAN V. COMMONWEALTH  (2006-SC-690-DG); AND COMMONWEALTH V. HICKMAN (2006-SC-332-DG)
"Juvenile Code. Youthful Offenders. Violent Offenders. Issues include whether a youthful offender who has committed a violent offense, upon being returned to circuit court when reaching age 18, may be considered for probation or conditional discharge pursuant to KRS 640.030(2), or whether the offender is ineligible pursuant to the violent-offender statute, KRS 439.3401."
Discretionary Review granted 9/13/2006 and 10/12/2006
Fayette Circuit Court, Judge Gary D. Payne  and Jefferson Circuit Court Judge Martin F. McDonald
For Movant/Cross-Respondent  (Commonwealth): William Robert Long, Jr.
For Movant  (Commonwealth): Kenneth Wayne Riggs
For Respondent/Cross-Movant (Merriman): Braxton Crenshaw
For Respondent (Hickman): Elizabeth B. McMahon

Briefs filed at Chase College of Law:

Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief

COA OPINION:  2005CA000123 http://opinions.kycourts.net/coa/2005-CA-000123.pdf

THURSDAY, MARCH 13, 2008

9:00 a.m. AMERICAN GENERAL HOME EQUITY. INC. V. KESTEL
(2006-SC-830-DG)
"Arbitration. Waiver. Issues include whether a lender, having initiated litigation to collect on a loan and to foreclose on a mortgage securing that loan, waived its right to respond to a counterclaim by seeking to compel arbitration pursuant to the loan documents."
Discretionary Review granted 2/14/2007
Mercer Circuit Court, Judge Darren Peckler
For Movant: Bethany A. Breetz, Matthew W. Breetz, and Clark Philip Case
For Respondent: Katherine Yunker, Katherine S. Sanford, and Oran Shepherd McFarlan, III
(Note: Justice Noble is recused)

Briefs filed at Chase College of Law:

Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief
Amicus Curiae Brief of Kentucky Justice Association

COA OPINION:  2005CA000269 http://opinions.kycourts.net/coa/2005-CA-000269.pdf

10:00 a.m. FIELDS V. COMMONWEALTH OF KENTUCKY (2004-SC-91-MR)
"Intentional Murder and First-degree burglary – Death Sentence."
Floyd Circuit Court, Judge John David Caudill
For Appellant: Thomas M. Ransdell and Emily Holt Rhorer
For Appellee: David A. Smith and Michael A. Nickles
(Note: Justice Scott is recused)

Briefs filed at Chase College of Law:

Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief

COA OPINION:  None listed at SC site.

FRIDAY, MARCH 14, 2008

9:00 a.m. BIANCHI, ET AL. V. CITY OF HARLAN, ET AL.
(2006-SC-895-DG)
"Eminent Domain. Compensation. Inverse Condemnation . Unity Rule. Where city’s condemnation of several tracts allegedly decreased value of several other nearby tracts owned by condemnee, issues include whether "unity rule" required all the tracts to be considered as one for purposes of determining compensation; whether trial court was required to try condemnation and inverse condemnation claims together; and whether condemnee was entitled to file late answer challenging city’s right to take."
Discretionary Review granted 8/15/2007 Harlan Circuit Court, Judge Ron Johnson
For Movants: Rodney E. Buttermore, Jr.
For Respondents: Susan C. Lawson

Briefs filed at Chase College of Law:

Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief

COA OPINION: 2005CA001019  http://opinions.kycourts.net/coa/2005-CA-001019.pdf

10:00 a.m. SPEES V. KENTUCKY LEGAL AID, ET AL. (2006-SC-506-DG)
"Constitutional Law. Takings. Issues include whether the failure to pay an appointed warning order attorney is an unconstitutional taking."
Discretionary Review granted 2/14/2007
McCracken Circuit Court, Judge Cynthia E. Sanderson
For Movant: Stanley K. Spees
For Respondents: Allison Connelly, Anne Marie Regan, and Natalie Gayle Bash
(Note: Justice Minton is recused)

Briefs filed at Chase College of Law:

Appellant’s Brief
Appellee’s Brief
Appellant’s Reply Brief

COA OPINION:  2005CA000510 http://opinions.kycourts.net/coa/2005-CA-000510.pdf

11:00 A.M. NANNY V. SMITH (2006-SC-833-DG)
"Civil Procedure. Limitations. CR 3. KRS 413.250. At issue is whether an action is commenced within the period of the statute of limitations when the complaint is delivered timely to the circuit court clerk, but summons is not issued by the clerk until after the limitations period has expired.
Discretionary Review granted 3/14/2007
Graves Circuit Court, Judge Timothy C. Stark
For Movant: Daryl Thomas Dixon
For Respondents: Michael D. Moore

Briefs filed at Chase College of Law:

Appellant’s Brief
Appellee’s Brief

COA OPINION:  2005CA002083  http://opinions.kycourts.net/coa/2005-CA-002083.pdf

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