Kentucky Court of Justice
Supreme Court of Kentucky to hear arguments Aug. 21-23 in Frankfort

Press Release Date:  Wednesday, August 14, 2013  
Contact Information:  Susan Stokley Clary
Supreme Court Clerk
502-564-5444
susanc@kycourts.net
http://courts.ky.gov
 


FRANKFORT, Ky. -- The Supreme Court of Kentucky will convene Wednesday-Friday, Aug. 21-23, in Frankfort to hear oral arguments in cases that originated in Clinton, Fayette, Franklin and Rowan counties. 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.

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. 21, 2013

10 AM
      
2012-SC-414-DG
APPALACHIAN RACING, LLC, ET AL. V. THE FAMILY TRUST FOUNDATION OF KENTUCKY, INC., ETC., ET AL.

2012-SC-415-DG
THE KENTUCKY DEPARTMENT OF REVENUE V. THE FAMILY TRUST FOUNDATION OF KENTUCKY, INC., ETC., ET AL.

2012-SC-416-DG
THE KENTUCKY HORSE RACING COMMISSION V. THE FAMILY TRUST FOUNDATION OF KENTUCKY, INC., ETC., ET AL.

Appellants’ Brief (2012-SC-414)
Appellee’s Brief (2012-SC-414)
Appellants’ Reply Brief (2012-SC-414)
Appellant’s Brief (2012-SC-415)
Appellee’s Brief (2012-SC-415)
Appellant’s Reply Brief (2012-SC-415)
Appellant’s Brief (2012-SC-416)
Appellee’s Brief (2012-SC-416)
Appellant’s Reply Brief (2012-SC-416)

Summary: “Declaration of rights. Wagering on historical horse races. Issues include: (1) whether the filing of administrative regulations authorizing pari-mutuel wagering on historical horse races is a valid and lawful exercise of the Commission's statutory authority to regulate pari-mutuel wagering on horse racing; (2) whether the licensed operation of pari-mutuel wagering on historical races, as authorized by the amended regulations, violates the statutory prohibitions on gambling contained in Kentucky's Penal Code (Kentucky Revised Statutes (KRS) Chapter 528; and (3) whether the Department of Revenue correctly determined that revenue generated by pari-mutuel wagering on historical horse races is subject to the pari-mutuel tax (as set forth in KRS 138.510) pursuant to its statutory authority to interpret and enforce the tax laws of the Commonwealth.”

Discretionary Review granted 1-11-2013
Franklin Circuit Court, Judge Thomas D. Wingate

Attorneys for Appalachian Racing LLC, Ellis Park Race Course, Inc., Kentucky Downs LLC, Lexington Trots Breeders Assoc. LLC: William A. Hoskins III and Jay Edward Ingle

Attorneys for Churchill Downs, Inc.: Sheryl G. Snyder and Jason Patrick Renzelmann

Attorneys for Keeneland Association, Inc., Players Bluegrass Downs, Inc., Turfway Park, LLC etc.: William M. Lear, Jr., Shannon Bishop Arvin and Christopher L. Thacker

Attorneys for The Kentucky Horse Racing Commission: Peter Frank Ervin, Susan Bryson Speckert, Gordon Ray Slone and La Tasha Arnae Buckner, Douglas M. Dowell, Eugene Jeffrey Mosley and Laura Marie Ferguson

Attorneys for Kentucky Department of Revenue: Douglas M. Dowell, Eugene Jeffrey Mosley and Laura Marie Ferguson

Attorney for The Family Trust Foundation: Stanton L. Cave

THURSDAY, AUG. 22, 2013

9 AM

2012-SC-189-DG
BRUMLEY V. COMMONWEALTH OF KENTUCKY

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief

Summary: “Criminal Law. Constitutional Law. Search and Seizure. Issues include the circumstances which would justify police officers in conducting a warrantless “protective sweep” after the suspect has been removed from the premises.”

Discretionary Review granted 10-17-2012
Clinton Circuit Court, Judge Eddie C. Lovelace

Attorney for Appellant: Emily Holt Rhorer
Attorney for Appellee: Christian Kenneth Ray Miller

Note: Justice Keller is recused.

10 AM

2012-SC-219-DG
BARTLEY V. COMMONWEALTH OF KENTUCKY

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief

Summary: “Criminal Law. U.S. Constitution. Fifth Amendment. Issues include whether defendant implicitly waived the right to remain silent and whether the Commonwealth improperly commented upon the defendant’s pre-arrest silence.”

Discretionary Review granted 12-12-2012
Rowan Circuit Court, Judge Janet P. Coleman

Attorney for Appellant: W. Robert Lotz, Jr.
Attorney for Appellee: John Paul Varo

11 AM

2012-SC-164-DG
COMMONWEALTH OF KENTUCKY V. PARKER

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief      

Summary: “Criminal Law. Criminal Procedure. Evidence. Issues include whether a defendant has standing to object to “show-up” identification of a co-defendant as unconstitutionally suggestive.”

Discretionary Review granted 11-14-2012
Fayette Circuit Court, Judge James D. Ishmael, Jr.

Attorney for Appellant: William Bryan Jones
Attorney for Appellee: Linda Roberts Horsman

FRIDAY, AUG. 23, 2013

9:30 AM

2012-SC-519-DG
KIRBY V. LEXINGTON THEOLOGICAL SEMINARY

Appellant's Brief
Appellee's Brief
Amicus Curiae Brief

Summary: “Employment Contracts. Tenured Seminary Professors. Issues involve “ecclesiastical abstention” as well as the “ministerial exception” and “neutral principles” in two cases involving termination of tenured seminary professors, one Jewish and one Christian Methodist Episcopal although teaching at a Christian Church (Disciples of Christ) seminary.”

Discretionary Review granted 2-13-2013
Fayette Circuit Court, Judge Thomas L. Clark

Attorneys for Appellant: Douglas Clifton Howard and Amos N. Jones
Attorneys for Appellee: Richard Garrett Griffith and Elizabeth S. Muyskens

11 AM

2012-SC-502-DG
KANT V. LEXINGTON THEOLOGICAL SEMINARY

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief
Amicus Curiae Brief 1
Amicus Curiae Brief 2
Amicus Curiae Brief 3
Amicus Curiae Brief 4

Summary: “Employment Contracts. Tenured Seminary Professors. Issues involve “ecclesiastical abstention” as well as the “ministerial exception” and “neutral principles” in two cases involving termination of tenured seminary professors, one Jewish and one Christian Methodist Episcopal although teaching at a Christian Church (Disciples of Christ) seminary.”

Discretionary Review granted 2-13-2013
Fayette Circuit Court, Judge Kimberly N. Bunnell

Attorney for Appellant: Christopher D. Miller
Attorneys for Appellee: Richard Garrett Griffith and Elizabeth S. Muyskens

Note: Justice Keller is recused.