Kentucky Court of Justice
Supreme Court of Kentucky to hear arguments April 18-20 in Frankfort
|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, April 18-20, in Frankfort to hear oral arguments in cases that originated in Allen, Fayette and Jefferson counties. The court will also hear Harlan Circuit Court Judge Russell D. Alred’s challenge to the Judicial Conduct Commission’s order that he be removed from the bench for judicial misconduct. Proceedings are open to the public and will take place at 10 a.m. EDT April 18 and at 9, 10 and 11 a.m. EDT April 19-20 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, APRIL 18, 2012
JEFFERSON COUNTY BOARD OF EDUCATION, ET AL. V. FELL, ETC., ET AL.
Summary: “KRS 159.070. Challenge to Jefferson County Public School’s student assignment plan.”
Discretionary Review granted 11-30-2011
Jefferson Circuit Court, Judge Irvin G. Maze
Attorneys For Movants: Byron Edward Leet, Lisa Catherine Dejaco and Anne Reed Maclean
Attorneys For Respondents: Teddy Bernard Gordon, James Bruce Miller, Norma Carter Osborne Miller and Sheila P. Hiestrand
THURSDAY, APRIL 19, 2012
NORTON HOSPITALS, INC., ETC. V. PEYTON
NEONATAL INTENSIVE CARE EXPERTS II, PLLC, ET AL. V. PEYTON
Summary: “Statutory Immunity. Negligence. The primary issue is whether a hospital and its employees have statutory immunity under KRS 620.030 and 620.050 where a mother’s blood alcohol level may have been misreported to Child Protective Services.”
Discretionary Review granted 8-17-2011
Jefferson Circuit Court, Judge Susan Lynn Schultz
Attorneys for Movant Norton Hospitals: William P. Swain, Joseph M. Effinger and Patricia Colleen Le Meur
Attorneys for Movant Neonatal Intensive Care: Beth Hendrickson McMasters and Sara Clark Davis
Attorney for Respondent Peyton: Jeremy Jon Nelson
GUZMAN V. COMMONWEALTH OF KENTUCKY
Summary: “Search and Seizure. Issue is the breadth of the ‘protective sweep’ exception to the search warrant requirement.”
Discretionary Review granted 6-8-2011
Fayette Circuit Court, Judge Pamela Goodwine
Attorney For Movant: Erin Hoffman Yang
Attorney For Respondent: John Paul Varo
RUSSELL D. ALRED, CIRCUIT JUDGE OF THE 26TH JUDICIAL CIRCUIT V. COMMONWEALTH OF KENTUCKY JUDICIAL CONDUCT COMMISSION
Summary: “Judicial Discipline – Removal from office.”
Attorney For Movant: Marcus Stephen Carey
Attorneys For Respondent: Jeffrey C. Mando, George F. Rabe, Scott Dennison Majors and Louis Kelly
FRIDAY, APRIL 20, 2012
WRIGHT V. HOUSE OF IMPORTS, INC., ETC.
Summary: “Premises Liability. Expert Testimony. Unpreserved issue on appeal.”
Discretionary Review granted 9-15-2011
Jefferson Circuit Court, Judge Mary M. Shaw
Attorneys For Movant: Kevin Crosby Burke and Damon Blake Willis
Attorney For Respondent: Joseph D. Raine Jr.
ABEL, ET AL., V. AUSTIN, ET AL.
Summary: “Legal Malpractice. Statute of Limitations. Choice of Laws. Summary Judgment. This case involves alleged malpractice by attorneys involved in Fen-Phen litigation. The issues include whether the Alabama or Kentucky statute of limitations applies, whether the claims are legal malpractice or fraud and whether the trial court properly granted summary judgment against all plaintiffs.”
Discretionary Review granted 10-19-2011
Fayette Circuit Court, Judge Pamela Goodwine
Attorneys For Movants: William C. Rambicure, Angela Margaret Ford and Trevor Wayne Wells
Attorneys For Respondent: Perry Mack Bentley, Lucy Anne Pett, Carl Norman Frazier, Melissa Subit, Matthew John Bakota, Jeffrey R. Teeters and David Clyde Trimble
SAWYERS, ET AL. V. BELLER, ET AL.
Summary: “Restrictions on the use and maintenance of an easement.”
Discretionary Review granted 10-20-2011
Allen Circuit Court, Judge Janet Crocker
Attorney For Movants: James T. Kelley
Attorney For Respondents: Steven Owen Thornton