Kentucky Court of Justice
Supreme Court of Kentucky to hear arguments Dec. 10-11 in Frankfort

Press Release Date:  Friday, December 05, 2014  
Contact Information:  Susan Stokley Clary
Supreme Court Clerk
502-564-5444
susanc@kycourts.net
 


The Supreme Court of Kentucky will hear oral arguments in cases that originated in Franklin, Jefferson, Lawrence, Oldham and Pendleton counties when it convenes Dec. 10-11 in Frankfort. Proceedings are open to the public and will take place in the Supreme Court Courtroom on the second floor of the state Capitol at 700 Capitol Ave. in Frankfort.

The public may also observe oral arguments via the Supreme Court live stream on the Kentucky Court of Justice website. Oral arguments are available online as they occur in real time and are not available as archives.

The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices (bios) sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.

View Case Briefs at http://apps.courts.ky.gov/Supreme/CALENDAR/SCODEC14.pdf.

WEDNESDAY, DEC. 10, 2014

9 AM EST
2013-SC-000367-DG
COMMONWEALTH OF KENTUCKY V. MICHAEL YOUNG, ET AL

Summary: “Criminal Law. KRS 514.040. Theft By Deception. Adoption. Birth Mother Living Expenses. Issues include whether the trial court correctly refused to dismiss theft by deception charges against birth parents who solicited and accepted living expenses from prospective adoptive parents without disclosing that they had already accepted living expenses from an adoption agency representing other prospective adoptive parents.”

Discretionary Review granted 04-9-2014
Lawrence Circuit Court, Judge John David Preston

Attorneys for Appellant: William Bryan Jones and Perry Thomas Ryan
Attorneys for Appellees: Roy Alyette Durham, II and Karen Shuff Maurer

10 AM EST
2013-SC-000226-DG
COMMONWEALTH OF KENTUCKY V. FLOYD WRIGHT

2013-SC-000824-DG (Cross Motion)
FLOYD WRIGHT V. COMMONWEALTH OF KENTUCKY

Summary: “Criminal Law. Jury Use of Evidence. Issues include the propriety of a jury’s use of the prosecutor’s laptop to replay audiotape of a drug transaction admitted into evidence as an exhibit.”

Discretionary Review granted 12-11-13 and 3-12-14 (Cross)
Pendleton Circuit Court, Judge Jay Delaney

Attorney for Appellant/Cross-Appellee: Gregory C. Fuchs
Attorney for Appellee/Cross-Appellant: Brandon Neil Jewell

11 AM EST
2013-SC-000420-DG
MIKAIL SAJJAAD MUHAMMAD V. KENTUCKY PAROLE BOARD

Summary: “Criminal Law. Postincarceration Supervision. Issues include whether a defendant who made a plea bargain with the Commonwealth’s Attorney to not revoke his postincarceration supervision is entitled to the benefit of that bargain even though KRS 532.043(5) gives full authority to the Parole Board to make that determination.”

Discretionary Review granted 12/11/2013
Oldham Circuit Court, Judge Karen A. Conrad

Attorney for Appellant: Aaron Reed Baker
Attorney for Appellee: John C. Cummings

THURSDAY, DEC. 11, 2014

9 AM EST
2013-SC-000549-DG
HARROD CONCRETE AND STONE CO. V. B. TODD CRUTCHER, INDIVIDUALLY, AND AS TRUSTEE OF THE B. TODD CRUTCHER LIVING TRUST, ET AL

Summary: “Trespass. Damages. Issues include the proper measure of damages for removal of underground limestone absent reduction in the fair market value of the real estate.”

Discretionary Review granted 06-11-2014
Franklin Circuit Court, Judge Thomas D. Wingate

Attorneys for Appellant: Robert W. Kellerman and Sarah Jackson Bishop
Attorney for Appellees: J. Robert Lyons, Jr.

10 AM EST
2013-SC-000828-TG
HON ANN BAILEY SMITH, CHIEF JUDGE, JEFFERSON DISTRICT COURT V. COMMONWEALTH OF KENTUCKY, EX REL MICHAEL J. O’CONNELL, ET AL

Summary: “Writ of Prohibition. KRS 186.574(6), Drive Safe Louisville (DSL). KRS 24.175(3), Imposition of court costs. RCr 8.04.”

Transfer Granted 04-17-2014
Jefferson Circuit Court, Judge Judith E. McDonald-Burkman

Attorneys for Appellant: Virginia Hamilton Snell, Deborah H. Patterson, and Sara Christine Veeneman
Attorneys for Appellees: Michael J. O’Connell, David A Sexton, and James Bruce Miller

11 AM EST
2013-SC-000267-DG
THEODORE MARAS V. COMMONWEALTH OF KENTUCKY

Summary: “Criminal Law. KRS 508.140. Stalking. RCr 10.04. Post-Verdict Juror Statements. Issues include: (1) whether the elements of the stalking statute are met where the victim does not fear for her own safety, but does fear for the safety of others; (2) whether jurors’ post-verdict comments suggesting that they may have misinterpreted the instructions are admissible to impeach the verdict.”

Discretionary Review granted 2-12-14
Jefferson Circuit Court, Judge Mary M. Shaw

Attorneys for Appellant: Daniel T. Goyette and Bruce P. Hackett
Attorney for Appellee: William Robert Long, Jr.