Kentucky Court of Justice
Supreme Court of Kentucky to hear arguments Dec. 14-15 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 and Thursday, Dec. 14-15, in Frankfort to hear oral arguments in cases that originated in Bourbon, Fayette, Henderson, Jefferson, Marshall and Pulaski 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, DEC. 14, 2011
CARTER V. SMITH, ET AL.
Summary: “Open Meetings. Exceptions. Personnel and Litigation. Issues involve the applicability of the personnel and litigation open meetings exceptions to a closed school board meeting considering potential resignation of a school superintendent as well as his potential subsequent retention on a 12-month consulting contract.”
Discretionary Review granted 3-16-2011
Bourbon Circuit Court, Judge Paul F. Isaacs
Attorney For Movant: Joe Francis Childers Jr.
Attorneys For Respondents: Neil Edward Duncliffe and Sam Preston Burchett
DRIVER V. COMMONWEALTH OF KENTUCKY
Summary: “First-degree Assault – 15 years.”
Discretionary Review granted 12-9-2010
Marshall Circuit Court, Judge Dennis Foust
Attorney For Movant: Samuel N. Potter
Attorney For Respondent: Joshua D. Farley
MITCHELL V. UNIVERSITY OF KENTUCKY, ET AL.
Summary: “Termination of employee for violating university policies prohibiting anyone from bringing a deadly weapon on university property.”
Fayette Circuit Court, Judge Pamela Goodwine
Attorney For Movant: Christopher Derek Hunt
Attorney For Respondents: Barbara Ann Kriz
THURSDAY, DEC. 15, 2011
2010-SC-397-DG and 2010-SC-430-DG
OSBORNE V. KEENEY, ET AL. and (CROSS-MOTION) KEENEY V. OSBORNE, ET AL.
Summary: “Legal Malpractice. Emotional Distress. Damages. Issues include: 1. Whether a physical touching is still required for a Plaintiff to recover emotional distress damages; 2. Whether a Plaintiff may recover ‘lost punitive’ damages in a legal malpractice claim; 3. Whether CR 8.01 limits the damages a Plaintiff may recover; 4. Whether and how a Plaintiff may file an Amended Complaint to include the Defendant’s insurance company; 5. Must the trial court instruct the jury on and must the jury make findings on the ‘case-within-a-case;’ 6. Did the trial court err by using ‘should have realized’ language in the fraud instruction and 7. Did the Court of Appeals, by affirming in part and reversing in part, create an unconstitutional ratio between compensatory and punitive damages such that the punitive award is now excessive?”
Discretionary Review granted 5-11-2011
Jefferson Circuit Court, Judge Martin F. McDonald
Attorney for Osborne: LeRoy E. Sitlinger Jr.
Attorneys for Keeney: Sheryl G. Snyder, Matthew W. Breetz, Griffin Terry Sumner and Andrew Graham Beshear
Attorneys for Carolina Casualty Insurance and Monitor Liability Managers: Douglas Cain Ballantine, Joseph Kent Durning and Amy Olive Wheeler
COMMONWEALTH OF KENTUCKY V. O’CONNER
Summary: “Criminal Law. First-degree Criminal Abuse. The issue is whether the Commonwealth presented sufficient evidence to support a verdict for intentional abuse where the defendant argued the acts toward the children were the result of poverty and poor parenting skills.”
Discretionary Review granted 3-16-2011
Pulaski Circuit Court, Judge David A. Tapp
Attorney For Movant: David Wayne Barr
Attorney For Respondent: Kathleen Kallaher Schmidt
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. V. ROBERTS
Summary: “Mortgages. Judgment Liens. Equitable Subrogation. Issues include the prioritization of liens in a foreclosure action.”
Discretionary Review granted 4-13-2011
Henderson Circuit Court, Judge Stephen Hayden
Attorneys For Movant: Thomas Morgan Ward Jr., Bethany A. Breetz and Chadwick Aaron McTighe
Attorney For Respondent: Kenneth S. Kasacavage