Issues for oral argument this month are:

  • “Negligence. Qualified Official Immunity. Law Enforcement. Whether a police officer is entitled to qualified official immunity when his failure to prevent a reportedly drunk driver from re-entering his vehicle and turning onto a busy highway resulted in a car accident that seriously injured an innocent motorist.”

  • “Evidence. KRE 615(3). Separation of Witnesses. Experts. Whether the trial court properly exempted the defendant’s expert from the separation of witnesses rule based on counsel’s statement that the expert’s presence was essential to management of the case.”

  • “Mutual Release. Performance Bond. Whether a planning commission may call for payment on a performance bond where a developer, on whose behalf the bond was issued in favor of the planning and zoning commission, defaults on its loan obligation to the bank and executes a deed in lieu of foreclosure to the bank and its property management company. And if so, what is the effect of the language of the mutual release which absolves the developer’s surety of any further liability upon execution of the deed in lieu of foreclosure, and what is its effect on the bond obligations and the developer’s duty to indemnify the surety?”

  • “Criminal Law. Motions in Limine. Admonitions. Motions for Mistrial. The issue is whether testimony which clearly violates the trial court’s order on a motion in limine prohibiting such evidence can be adequately cured by an admonition, or whether the trial court, upon a timely motion, must grant a mistrial.”

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.

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