Kentucky Court of Justice
Supreme Court of Kentucky to hear arguments March 14-16 in Frankfort
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The seven justices of the Supreme Court of Kentucky are (back row, from left) Justice Will T. Scott, Justice Wil Schroder, 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 Daniel J. Venters.
Photo credit: Kentucky Office of Creative Services |
FRANKFORT, Ky. -- The Supreme Court of Kentucky will convene Wednesday-Friday, March 14-16, in Frankfort to hear oral arguments in cases that originated in Bullitt, Franklin, Graves, Hardin, Henry, Jefferson, Kenton and Laurel 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. The courtroom is located 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 14, 2012
9 AM
2010-SC-809-DG
COMMONWEALTH OF KENTUCKY V. KENTUCKY RETIREMENT SYSTEMS, ET AL.
Summary: “Sovereign Immunity. Declaratory Judgment. State Employee Retirement Benefits. The issue is whether the Commonwealth can invoke sovereign immunity in any declaratory judgment action.”
Discretionary Review granted 8-17-2011
Franklin Circuit Court, Judge Thomas D. Wingate
Attorneys for Movant: Stuart Weldon Cobb and Lisa Kathleen Lang
Attorneys for Respondents: Robert W. Kellerman, Jennifer Jones, Brent L. Caldwell and Roger Crittenden
10 AM
2010-SC-494-DG
COMMONWEALTH OF KENTUCKY V. HASCH
2011-SC-232-DG (CROSS-MOTION)
HASCH V. COMMONWEALTH OF KENTUCKY
Summary: “Criminal Law. Self-defense. Jury Instructions. Immunity. The issues include 1. Whether the Commonwealth can introduce evidence of a defendant’s opportunity to escape the victim in a self-defense case, thus permitting the court to instruct on lesser degrees of murder over the defendant’s objection 2. Whether the lower court erred by admitting the autopsy report as a Commonwealth exhibit 3. Whether the lower court erred by excluding two defense witnesses 4. Whether the jury instructions in the guilty and penalty phases were erroneous 5. Whether the lower court erred by failing to hold a probable cause hearing when Hasch sought immunity from prosecution under KRS 503.085.”
Discretionary Review granted 4-13-2011 and 6-8-2011
Bullitt Circuit Court, Judge Rodney D. Burress
Attorney For Movant/Cross-Respondent: James Coleman Shackelford
Attorneys For Respondent/Cross-Movant: G. Murray Turner and Sara Bash Brian
11 AM
2010-SC-559-DG
HALL, ET AL. V. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ET AL.
Summary: “Timely Release of Liens on Real Property. Award of Statutory Penalties, Attorney Fees and Costs.”
Discretionary Review granted 6-9-2011
Laurel Circuit Court, Judge Roderick Messer
Attorney For Movants: Ralph W. Hoskins
Attorneys For Respondents: Henry E. Kinser and Mickey Todd Webster
THURSDAY, MARCH 15, 2012
9 AM
2010-SC-466-DG
TUCKER, ETC., ET AL. V. WOMEN’S CARE PHYSICIANS OF LOUISVILLE, P.S.C., ET AL.
Summary: “Medical Malpractice. Evidence. Issue is whether the trial court abused its discretion in excluding certain expert testimony as irrelevant.”
Discretionary Review granted 8-17-2011
Jefferson Circuit Court, Judge Susan Lynn Schultz
Attorneys for Movants: Richard Wayne Hay, Timothy R. McCarthy, Wanda McClure Dry and Sarah Hay Knight
Attorneys for Respondents: Donald W. Darby and Daniel Garland Brown
10 AM
2011-SC-111-DG
COMMONWEALTH OF KENTUCKY V. REED
Summary: “Criminal Law. Guilty Plea. Sentencing. Fines. KRS 534.030. Issues include whether, in the case of an unenforceable, bargained-for plea agreement, an appellate court may vacate part of the sentence or whether the entire judgment and sentence of conviction must be set aside.”
Discretionary Review granted 9-14-2011
Jefferson Circuit Court, Judge Mitch Perry
Attorney For Movant: Jeanne Deborah Anderson
Attorney For Respondent: Bruce P. Hackett
11 AM
2011-SC-379-DGE
GINGERICH, ET AL. V. COMMONWEALTH OF KENTUCKY
2011-SC-380-DGE
ZOOK, ET AL. V. COMMONWEALTH OF KENTUCKY
Summary: “Criminal Law. State Constitutional Law. In cases involving failure to display a KRS 189.820 ‘slow-moving vehicle’ emblem on Old Order Swartzentruber horse-drawn buggies, issues involve whether KY. CONST. §§ 1 & 5 provide greater religious protection than does the First Amendment to the United States Constitution.”
Discretionary Review granted 12-14-2011
Graves Circuit Court, Judge Timothy C. Stark
Attorneys For Movants: William Ellis Sharp and Patricia Colleen Le Meur
Attorney For Respondent: Christian Kenneth Ray Miller
FRIDAY, MARCH 16, 2012
9 AM
2010-SC-733-DG
COX V. COMMONWEALTH OF KENTUCKY
Summary: “Criminal Law. Ineffective Assistance of Counsel. The question presented is whether the ineffective assistance logic concerning the deportation circumstances in Padilla v. Kentucky, 130 S.Ct. 1473 (2010) extends to alleged misadvice of guilty plea counsel as to the impact of the sex offender treatment program upon parole eligibility.”
Henry Circuit Court, Judge Karen A. Conrad
Discretionary Review granted 4-13-2011
Attorney For Movant: Meggan Elizabeth Smith
Attorney For Respondent: James Coleman Shackelford
10 AM
2011-SC-126-DG
COMMONWEALTH OF KENTUCKY V. PRIDHAM
Summary: “Criminal Law. Ineffective Assistance of Counsel. Issues include whether erroneous advice concerning parole eligibility may constitute ineffective assistance of counsel under Padilla v. Kentucky, 130 S.Ct. 1473 (2010).”
Discretionary Review granted 5-11-2011
Hardin Circuit Court, Judge Kelly M. Easton
Attorney For Movant: Bryan Darwin Morrow
Attorneys For Respondent: Vincent Paul Yustas and Douglas Patrick Vowels
11 AM
2010-SC-560-DG
BIDWELL V. SHELTER MUTUAL INSURANCE COMPANY
Summary: “Insurance. Motor Vehicle. Permissive User Coverage. Issues involve the enforceability of a 90% ‘step-down’ policy provision purportedly limiting recovery to the statutory minimum despite a $250,000 per person policy liability limit.”
Discretionary Review granted 8-17-2011
Kenton Circuit Court, Judge Martin J. Sheehan
Attorneys For Movant: Mark G. Arnzen, Beverly Ruth Storm, D. Keith Johnson and Frank Kern Tremper
Attorneys For Respondent: James Wendell Taylor and Amelia Brown McCormick