June 13 – 15, 2007 SCOKY Oral Argument Calendar with Links to Briefs and COA Decisions

WEDNESDAY, JUNE 13, 2007

9:00 a.m. W.D.B., A CHILD UNDER EIGHTEEN V. COMMONWEALTH (2006-SC-937-DGE) [note DGE means "Discretionary Review Granted (Expedite)]
"Juvenile. Infancy Defense. The "infancy defense" relates to the rebuttable presumption (applied in criminal proceedings) that a child between the ages of 7 and 14 is incapable of forming criminal intent. The issues include whether the infancy defense is viable in proceedings in juvenile court as opposed to circuit court prosecutions, in light of the Juvenile Code’s emphasis on rehabilitation and treatment as opposed to being purely punitive in nature."
Discretionary review granted 3/14/2007
Henderson Circuit Court, Judge Stephen Hayden
For Movant: Timothy G. Arnold
For Respondent: Perry T. Ryan

[still briefing but click on Chase Law School’s Web Site to see if briefs have been posted yet; last order says reply brief due June 4]

COA Decision: 2005-CA-001215 (PDF)

10:00 a.m. COMMONWEALTH V. B.J., A CHILD UNDER EIGHTEEN
(2007-SC-25-DGE)
"Juvenile Law. Habitual Truancy. Was due process denied when the family court proceeded with adjudication and disposition hearings in the child’s absence?"
Discretionary review granted 3/14/2007
Jefferson Circuit Court, Judge Eleanore Garber
For Movant: Irvin G. Maze and David A. Sexton
For Respondent: Frank Wm Heft, Jr. and Terra Lynn Meek

• Appellant’s Brief
• Appellee’s Brief

11:00 a.m. KAPLAN V. PUCKETT (2006-SC-18-DG)
"Legal malpractice. Puckett was found guilty of arson-related murder. Puckett was acquitted at new trial granted because prosecution witness had withheld exculpatory evidence at first trial. Puckett subsequently prevailed in legal malpractice action against original defense counsel. The issue is whether the malpractice verdict may stand in light of the withheld evidence."
Discretionary review granted 8/17/2006
Jefferson Circuit Court, Judge F. Kenneth Conliffe
For Movant: George R. Carter
For Respondent: Bill V. Seiller

• Appellant’s Brief
• Appellee’s Brief
• Appellant’s Reply Brief
• COA OPINION:  2004-CA-001750 (PDF)

THURSDAY, JUNE 14, 2007

9:00 a.m. PARKER V. COMMONWEALTH (2005-SC-343-MR)
"Murder, Attempted Murder, Second degree Assault, and Tampering with Physical Evidence – 25 years."
Jefferson Circuit Court, Judge Stephen P. Ryan
For Appellant: Trevor W. Wells
For Appellee: George G. Seelig

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

10:00 a.m. MATHERLY LAND SURVEYING, INC., ET AL. V. GARDINER PARK DEVELOPMENT., LLC, ET AL. (2005-SC-576-DG) AND (CROSS-MOTION) NILSEN, ET AL. V. MATHERLY LAND SURVEYING, INC., ET AL. (2006-SC-163-DG)
"Limitations. KRS 413.245. Issues include the professions and professional services covered by KRS 413.245, and the date upon which alleged damages became fixed and nonspeculative."
Discretionary review granted 2/15/2006 and 4/12/2006
Jefferson Circuit Court, Judge F. Kenneth Conliffe
For Movants/Cross-Respondents: Robert M. Brooks and David B. Blandford
For Respondents/Cross-Movants: Elizabeth U. Mendel and Marc A. Lovell
For Gardiner Park Development, LLC, Gardiner Design & Development and Gregory S. Gardiner: F. Larkin Fore and Sarah Megan Fore

• Appellant’s Brief
• Appellee Gardiner’s Brief
• Appellee Nilsen’s Brief
• Appellant’s Reply Brief
• COA OPINION IN 2003-CA-002017 (PDF)

11:00 a.m. SHOWN V. SHOWN (2005-SC-855-DG)
"Domestic Relations. Pensions. Division of Marital Property Upon Dissolution of Marriage. In case in which division of teacher spouse’s pension is sought, issues relate to the effect of KRS 403.190(4) upon KRS 161.700."
Discretionary review granted 6/7/2006
Ohio Circuit Court, Judge Ronnie C. Dortch
For Movant: Candy Y. Englebert and Darron Lee Brawner
For Respondent: Gregory Boyd Hill

• Appellant’s Brief
• Appellee’s Brief
• COA OPINION IN 2004-CA-000988 (PDF)

FRIDAY, JUNE 15, 2007

9:00 a.m. DOLLAR GENERAL STORES, LTD. V. SMITH (2005-SC-867-DG)
"Forum Non Conveniens. At issue is whether Kentucky’s Savings Statute, KRS 413.270, applies to dismissals based on forum non conveniens."
Discretionary review granted 5/10/2006
Casey Circuit Court, Judge James G. Weddle
For Movant: Kevin G. Henry and Kevin W. Weaver
For Respondent: Jonathon N. Amlung

• Appellant’s Brief
• Appellee’s Brief
• Appellant’s Reply Brief
• COA OPINION IN 2003-CA-002632 (PDF)

10:00 a.m. HUNSAKER, ET AL. V. DEPARTMENT OF TRANSPORTATION (2005-SC-974-DG)
"Eminent Domain. Issues include whether grantees of original landowner, who were substituted for original owner in condemnation proceeding, were improperly adjudged liable to the Commonwealth for difference between amount disbursed to original owner and the lesser amount of compensation finally awarded."
Discretionary review granted 8/17/2006
Letcher Circuit Court, Judge Stephen K. Mershon
For Movants: James W. Craft, II
For Respondent: Phillip Wicker

• Appellant’s Brief
• Appellee’s Brief
• COA OPINION IN 2004-CA-002130 (PDF)

11:00 A.M. COMMONWEALTH V. SWIFT (2006-SC-155-DG)
"Criminal Law. Instructions. Possession of marijuana (for own use) as a lesser included offense of cultivating marijuana. Issues include whether a lesser included instruction should have been given in the situation where the defendant denied having anything to do with growing the marijuana."
Discretionary review granted 8/17/2006
Ohio Circuit Court, Judge Ronnie C. Dortch
For Movant: Samuel J. Floyd, Jr.
For Respondent: Albert William Barber, III
(Note: Justice Schroder is recused)

• Appellant’s Brief
• Appellee’s Brief
• Appellant’s Reply Brief
• COA OPINION IN 2003-CA-002033 (PDF)