This month’s oral arguments will most probably be highlighted partisan battle over the separation of powers and the budget. Lots of briefs, lots of lawyers, and probably lotta fireworks under the Dome. As much as I would like to watch this historical confrontation involving our branches of government with the governor and the legislature, I may have to stay home and see if I can record it. We will see.
Scheduled for Thursday, August 18, 2016 at 10:oo am. More details are–
COMMONWEALTH OF KENTUCKY, EX REL. ANDY BESHEAR, ATTORNEY GENERAL V. COMMONWEALTH OF KENTUCKY OFFICE OF THE GOVERNOR EX REL. MATTHEW BEVIN, IN HIS OFFICIAL CAPACITY AS GOVERNOR, ET AL. (2016-SC-000272-TG)
AND
JIM WAYNE, IN HIS OFFICIAL CAPACITY AS STATE REPRESENTATIVE, ET AL. V. COMMONWEALTH OF KENTUCKY OFFICE OF THE GOVERNOR MATTHEW BEVIN, IN HIS OFFICIAL CAPACITY AS GOVERNOR, ET AL. (2016-SC-000273-TG)
APPELLEE BRIEF – GOVERNOR, ET AL.
“Summary Judgment. Separation of Powers. Budgeting and Appropriations.”
Franklin Circuit Court, Judge Thomas D. Wingate
Attorneys for Commonwealth of Kentucky, Ex Rel. Andy Beshear, Attorney General: John Michael Brown, La Tasha Arnae Buckner, Mitchel Terence Denham and Joseph Newberg
Attorneys for Commonwealth of Kentucky, Ex Rel. Matthew Bevin, in his official capacity as Governor; Commonwealth of Kentucky Finance and Administration Cabinet, Ex Rel. William M. Landrum, in his official capacity as Secretary; and Commonwealth of Kentucky Office of the State Budget Director, Ex Rel. John Chilton, in his official capacity as State Budget Director: Michael T. Alexander, Mark Stephen Pitt and Stephen Chad Meredith
Attorney for Commonwealth of Kentucky Department of the Treasury, Ex Rel. Allison Ball, in her official capacity as Treasurer: Noah Robert Friend
Attorney for Jim Wayne, in his official capacity as State Representative; Darryl Owens, in his official capacity as State Representative; and Mary Lou Marzian, in her official capacity as State Representative: Pierce Butler Whites.
Other issues this week include:
- “Criminal Law. First-Degree Assault. Non-Relative Caregiver. Issues include whether a non-relative caregiver can be found guilty of first-degree assault when she allowed the disabled adult, for whom she was the primary caregiver, to live in life-threatening squalor.”
- “Administrative Law. Occupational Safety and Health. Whether KRS 338.121 provides protection against discrimination regarding employee complaints to employers absent a specific state regulation characterizing such complaints as protected activity.”
- “Contracts. Specific Performance. Option to Purchase. Non-Binding Appraisal. Material Breach. The first issue is whether appeal of an order granting specific performance on an option to purchase property is moot where the party ordered to specifically perform transfers the property in exchange for payment, does not seek a stay while on appeal of the order granting specific performance, or does not post a supersedeas bond. A second issue is whether a non-binding appraisal may constitute a “material breach” of an option to purchase agreement which would suspend performance of the agreement for sale of property.”
- “Workers’ Compensation. Widow’s right to benefits under KRS 342.750, following a full and final settlement by the injured worker prior to his death.”
- “Marital Dissolution. The issue is whether a party adjudicated incompetent may petition for dissolution of a marriage to a spouse also serving as the petitioner’s guardian and conservator.”
Click here for link to table of all monthly oral argument calendars at Kentucky’s Administrative Office of the Courts (AOC) from 2005 to date.
Click here for a link to all of the Kentucky Court Report’s postings on Supreme Court argument calendars.
Click here to catch live web streaming oral arguments on the date and time of the argument. They are not saved for later viewing.
[gview file=”https://kycourtreport.com/wp-content/uploads/2016/08/SCOAUG16.pdf”]
