COA Argument Calendar for July 2011
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LOCATION: JEFFERSON COUNTY JUDICIAL CENTER, 10TH FLOOR APPELLATE COURTROOM, 700 WEST JEFFERSON STREET, LOUISVILLE,
DATE: Wednesday, July 13, 2011
01:00 PM
PAUL HURT v COMMONWEALTH OF KENTUCKY
Criminal: Appeal from denial of RCr 11.42 motion; issues include whether trial counsel’s failure to consult an expert to rebut testimony concerning a physical examination relating to evidence of sexual abuse.
01:45 PM
JANET JONES v STEPHEN K. OVERSTREET
Civil: Appeal from a judgment after jury verdict in a medical negligence case; issues include rulings allowing an exhibit into evidence and allowing the jurors to take it with them while they deliberated.
LOCATION: HARDIN COUNTY JUSTICE CENTER, 120 EAST DIXIE AVENUE,
ELIZABETHTOWN, KENTUCKY
DATE: Thursday, July 14, 2011
1:45 pm
ALISA AHMETOVIC v MUHAREM TAHIROVIC
Plaintiff passengers in a motor vehicle accident argue that counsel retained by the insurer to represent the defendant driver impermissibly impeached his own client.
2:30 pm
DEREK HAMMERS v JOE PLUNK
Appeal from an order dismissing on statute of limitations ground. Appellant argues wrong SOL was applied.
LOCATION: KENTON COUNTY JUSTICE CENTER, 230 MADISON AVENUE,
COVINGTON, KENTUCKY
DATE: Monday, July 18, 2011
11:15 am
BRATSCHI D. CAMPBELL v WILLIAM B. DRESCHER
This real property case involves a dispute regarding entitlement to the proceeds from an avigation easement on property located near Ft. Campbell.
LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Tuesday, July 19, 2011
1:00 pm
MICHAEL CLAYPOOL v ANTHONY BROCK
Whether circuit court erred by granting a partial summary judgment in favor of appellee and thereby dismissing appellant’s claims for fraud, negligent misrepresentation and breach of contract.
1:45 pm
COMMONWEALTH OF KENTUCKY v RORY SNOWDEN
Whether circuit court erred by granting Snowden’s motion to suppress certain evidence.
2:30 pm
CITIZENS FOR ALTERNATIVE WATER SOLUTIONS v KENTUCKY PUBLIC SERVICE COMMISSION
Whether circuit court erred by affirming an order of the KPSC denying a petition for rehearing filed by CAWS from an order granting KAWC’s application for a certificate of need to construct a water treatment plant.
3:15 pm
TIMOTHY M. SMITH v KIM WOLFE
Whether circuit court erred by granting appellee’s motion for summary judgment and thereby dismissing appellant’s claim under KRS 367.826.
LOCATION: COURT OF APPEALS COURTROOM, 360 DEMOCRAT DRIVE,
FRANKFORT, KENTUCKY
DATE: Wednesday, July 20, 2011
10:00 am
FULLMER A. MENDEZ v UNIVERSITY OF KENTUCKY BOARD OF TRUSTEES
Appeal of summary judgment that was granted on dismissal of wrongful discharge based on public policy argument and erroneous jury instructions in a religious discrimination mixed motive case.
10:45 am
DUSTIN JERAULD v MARK KROGER
An appeal of the grant of a motion for summary judgment wherein the trial court ruled that the relevant acts were ministerial, and therefore entitled to immunity.
11:30 AM
RALPH WAYNE ADAMS v BARRY SHARP
Administrative case – Several farmers appeal decision of Franklin Circuit Court. Farmers requested reversal of SEC decision to uphold permits issued to farmers for animal feeding operations.
1:30 PM
FLOYD GROVER JOHNSON v COMMONWEALTH OF KENTUCKY
Whether the Attorney General’s office has authority to investigate drug offenses in conjunction with Operation UNITE officers where no local law enforcement officers are involved.
