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

Press Release Date:  Tuesday, July 29, 2014  
Contact Information:  Susan Stokley Clary
Supreme Court Clerk
502-564-5444
susanc@kycourts.net
http://courts.ky.gov
 


Supreme Court Justices
The seven justices of the Supreme Court of Kentucky are (back row, from left) Justice Will T. Scott, Justice Daniel J. Venters, Deputy Chief Justice Mary C. Noble, Justice Bill Cunningham, (front row, from left) Justice Lisabeth Hughes Abramson, Chief Justice John D. Minton Jr. and Justice Michelle M. Keller.
Photo credit: Kentucky Office of Creative Services

FRANKFORT, Ky. -- The Supreme Court of Kentucky will hear oral arguments in cases that originated in Franklin, Hardin, Jefferson and Oldham counties when it convenes Aug. 13-14 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.

WEDNESDAY, AUG. 13, 2014

9 AM EDT
2013-SC-0357-DG
COUNCIL ON DEVELOPMENTAL DISABILITIES, INC. V. CABINET FOR HEALTH AND FAMILY SERVICES

View Case Briefs (PDF - 75.21KB)

Summary: “Open Records. KRS 209.140. Issues include whether a private agency which serves as an advocate for adults with mental disabilities may receive certain records from the Cabinet for Health and Family Services via an open records request.”

Discretionary Review granted 11-13-2013
Franklin Circuit Court, Judge Thomas D. Wingate

Attorney for Appellant: David B. Tachau
Attorneys for Appellee: Christina Heavrin, David Brent Irvin and Jon Robert Klein

10 AM EDT
2013-SC-0812-DGE  
RACHEL ADAMS-SMYRICHINSKY V. PETER SMYRICHINSKY

View Case Briefs (PDF - 75.21KB)

Summary: “Family Law. Child Support. Emancipation. UIFSA. Issues include whether Kentucky or Indiana law regarding the age of emancipation applies when: (1) the initial child support order was entered in Indiana; (2) both parties subsequently moved to Kentucky; and (3) the Kentucky court has assumed continuing, exclusive jurisdiction to modify the support order.”

Discretionary Review granted 03-12-2014
Oldham Circuit Court, Judge Timothy E. Feeley

Attorney for Appellant: Michael Richard Slaughter
Attorneys for Appellee: Thomas James Banaszynski, Oliver H. Barber, Jr. and Rebecca Ann Smither

11 AM EDT
2013-SC-059-DG
RICHARD C. OLIPHANT, M.D., ET AL. V. RIES, ETC., ET AL.

View Case Briefs (PDF - 75.21KB)

Summary: “Evidence Law. Issues include the standard of reversal for evidentiary errors and the application of Daubert v. Merrill Dow Pharmaceuticals, 509 U.S. 579 (1993) to scientific testimony in a medical malpractice action.”

Discretionary Review granted 11-13-2013
Jefferson Circuit Court, Judge Barry Willett

Attorneys for Appellants: Gerald R. Toner, Katherine K. Vesely, Brent Thomas Asseff and Whitney Roth Kramer
Attorneys for Billy Jo Ries and Kevin Ries (Appellees): Ann B. Oldfather and Robert Sean Deskins
Attorneys for Tonya Robinson, M.D. (Appellee): Donald W. Darby and James Eric Smith

THURSDAY, AUG. 14, 2014

9 AM EDT

2013-SC-0228-DG
JOHN J. SCOTT, ET AL. V. TIM DAVIS, ET AL.

2013-SC-0682-DG
TIM DAVIS, ET AL. V. JOHN J. SCOTT, ET AL.

View Case Briefs (PDF - 75.21KB)

Summary: “Statute of Limitations. Law of the Case Doctrine. Issues include whether the statute of limitations is tolled when the underlying action was dismissed due to the improper assignment of a legal malpractice claim, so as to allow the plaintiff to re-file the action.”

Discretionary Review granted 09-18-2013 and 11-13-2013
Hardin Circuit Court, Judge Doughlas M. George

Attorneys for Appellants: Bethany A. Breetz, Matthew W. Breetz and Demetrius O’Dell Holloway
Attorneys for Appellees: Hans George Poppe, Jr., Warner Thomas Wheat, Scarlette Renee Burton and Kirk A. Laughlin

10 AM EDT
2013-SC-0684-CL
COMMONWEALTH OF KENTUCKY V. SHANNANDOAH CARMAN, ET AL.

View Case Briefs (PDF - 75.21KB)

Summary: “Certification of the Law.  Ex parte communications to alter conditions of release after initial fixing of bail.”

Jefferson District Court, Judge Stephanie P. Burke

Attorneys for Appellant: David A. Sexton and Michael J. O’Connell
Attorney for Appellee Shannandoah Carman: James R. Moore
Attorneys for Appellee Kenneth Westbay: Michael Romano Mazzoli and Scott James Barton

11 AM EDT
2013-SC-0373-TG
ADMINISTRATIVE OFFICE OF THE COURTS V. BEVERLY MILLER

View Case Briefs (PDF - 75.21KB)

Summary: “Employment Law.  Tenure.  Whistleblower Claim.”

Transfer granted 09-26-2013
Jefferson Circuit Court, Judge Karen A. Conrad

Attorneys for Appellant: Melissa Norman Bork, Brent Robert Baughman, Margaret Eileen Mary Keane and Reva Dawn Campbell
Attorney for Appellee: Thomas E. Clay

Note: Chief Justice John D. Minton, Jr. and Justice Lisabeth Hughes Abramson are recused.