Kentucky Court of Justice
Supreme Court of Kentucky to hear arguments March 13-14 in Frankfort

FRANKFORT, Ky. -- The Supreme Court of Kentucky will convene Wednesday and Thursday, March 13-14, in Frankfort to hear oral arguments in cases that originated in Fayette, Franklin, Jefferson, LaRue and Scott counties. Proceedings are open to the public and will take place at 9, 10 and 11 a.m. EST each day in the Supreme Court Courtroom on the second floor of the state Capitol at 700 Capitol Ave.

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.

WEDNESDAY, MARCH 13, 2013

9 AM            
2011-SC-659-DG
UNITED BROTHERHOOD OF CARPENTERS V. BIRCHWOOD CONSERVANCY, ETC., ET AL.
Appellant Brief
Appellee Brief

Summary: “Contract Law. Civil Procedure. Unincorporated Associations. Issues include whether an unincorporated union properly asserted the defense of lack of capacity to be sued and whether the plaintiffs identified an adequate representative of the union to maintain a class action suit.”

Discretionary Review granted 8-15-2012
Scott Circuit Court, Judge Paul F. Isaacs

Attorneys for Appellant: William E. Johnson, Paul Terry Berkowitz and Samuel Ryan Newcomb
Attorney for Appellees: Thomas Bruce Simpson, Jr.

10 AM            
2012-SC-144-DG
COMMONWEALTH OF KENTUCKY V. JONES

Appellant Brief
Appellee Brief
Appellant Reply Brief
Amicus Curiae Brief

Summary: “Criminal Law. Expungements. Issues involve the propriety of expungement of a completed felony sentence for a 1992 conviction voided in 2010 under KRS 218A.275.”

Discretionary Review granted 9-12-2012
Jefferson Circuit Court, Judge Mary M. Shaw

Attorney for Appellant: Dorislee J. Gilbert
Attorneys for Appellee: Jeffrey Skora and Tricia Frances Lister

11 AM            
2012-SC-266-KB
KENTUCKY BAR ASSOCIATION V. ROBERTS

Movant Brief
Respondent Brief
Respondent Brief 2

Summary: “Attorney Discipline.”

Attorney for Movant: Jane Hampton Herrick
Attorney for Appellee: Lee Huddleston

Note: Chief Justice Minton and Justice Schroder are recused. Special Justices J. Christopher Hopgood and Dennis A. Repenning sitting.

THURSDAY, MARCH 14, 2013

9 AM            
2012-SC-090-DG
COMPREHENSIVE HOME HEALTH SERVICES, INC., ETC. V. PROFESSIONAL HOME HEALTH CARE AGENCY, INC., ET AL.

Appellant Brief
Appellee Brief
Appellee Brief 2
Appellant Reply Brief

Summary: “Administrative Law. Health Care Providers. Certificate of Need. Issues include whether the State Health Plan (SHP) figures applicable on remand are the current SHP figures or the SHP figures in effect at the time of the agency’s original decision.”

Discretionary Review granted 9-12-2012
Franklin Circuit Court, Judge Thomas D. Wingate

Attorneys for Appellant: Marian J. Hayden and Holly Turner Curry
Attorneys for Appellees: Carole Douglas Christian and Ann T. Hunsaker

10 AM            
2012-SC-242-DG
BAPTIST PHYSICIANS LEXINGTON, INC., ET AL. V. THE NEW LEXINGTON CLINIC, P.S.C.

Appellant Brief
Appellee Brief
Appellant Reply Brief

Summary: “Corporate Law. Duty of Loyalty. KRS 271B.8-300. Issues include whether KRS 271B.8-300 abrogates the common law in cases where a corporate director sets up a competing enterprise.”

Discretionary Review granted 10-17-2012
Fayette Circuit Court, Judge Kimberly N. Bunnell

Attorneys for Appellants: Winifred Bryant Becker, Anne Adams Chesnut, Theodore R. Martin, Gregg E. Thornton, Licha Hannah Farah, Jr., Ashley Kristen Brown, Benjamin Kessinger III and Adrian M. Mendiondo
Attorneys for Appellee: Thomas W. Miller and David Thomas Faughn

11 AM            
2011-SC-610-DG
McFELIA V. McFELIA

Appellant Brief
Appellee Brief
Appellant Reply Brief

Summary: “Family Law. Child Support. Issues include whether child custody time sharing agreements should be considered as part of calculating an individual’s child support contribution.”

Discretionary Review granted 8-15-2012
LaRue Circuit Court, Judge John David Seay

Attorney for Appellant: Jason P. Floyd
Attorney for Appellee: Caleb Tyler Bland