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Supreme Court of Kentucky to hear arguments Oct. 16-17 in Frankfort

Friday, 09 27, 2013

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 convene Wednesday, Oct. 16, and Thursday, Oct. 17, in Frankfort to hear oral arguments in cases that originated in Boone, Campbell, Franklin, Jefferson and Russell counties. Proceedings are open to the public and will take place 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, OCT. 16, 2013

10 AM EDT
 
2013-SC-010-DG
FRIEDMAN V. LEA

View Case Briefs (PDF - 65.94KB)

Summary: “Child Support. Modification. “Above Guidelines.” When the parties’ combined income exceeds the statutory child support guidelines, can trial courts increase child support based upon substantial and continuing increase in the other parent’s income without showing increased needs of the child?”

Discretionary Review granted 3-13-2013
Jefferson Circuit Court, Judge Stephen M. George

Attorneys for Appellant: Kevin Crosby Burke and Wendi Swinson Wagner
Attorney for Appellee: William Lacy Hoge III

Note: Justice Keller is recused.

11 AM EDT

2012-SC-109-DG
NISSAN NORTH AMERICA, INC., ET AL. V. MESSERLY, ET AL.

2012-SC-615-DG (CROSS-MOTION)
MESSERLY, ET AL. V. NISSAN NORTH AMERICA, INC., ET AL.
 
View Case Briefs (PDF - 65.94KB)

Summary: “Products Liability. Defective Design. Issues involve the propriety of summary judgment for the defense in litigation arising out of a fatal back-up accident in which a child was struck in 2004 by a 2002 SUV designed without a rearview camera or back-up sensor.”

Discretionary Review granted 9-12-2012 and 11-14-2012
Boone Circuit Court, Judge Robert McGinnis

Attorneys for Appellants: David T. Schaefer and Anne Katherine Guillory
Attorneys for Appellees: Robert Edward Sanders, Eric Peter Von Wiegen, Justin Aaron Sanders and Wesley Matthew Nakajima

THURSDAY, OCT. 17, 2013

9 AM EDT

2012-SC-324-DG
GAITHER, ETC. V. JUSTICE & PUBLIC SAFETY CABINET, ETC., ET AL.

2012-SC-835-DG (CROSS-MOTION)
JUSTICE & PUBLIC SAFETY CABINET, ETC., ET AL. V. GAITHER, ETC., ET AL.

View Case Briefs (PDF - 65.94KB)

Summary: “Board of Claims. Immunity. Wrongful Death. Issues include whether state police are immune from a wrongful death claim based on their failure to protect a confidential informant.”

Discretionary Review granted 12-12-2012 and 2-13-2013
Franklin Circuit Court, Judge Thomas D. Wingate

Attorneys for Appellant: Philip Clyde Kimball and Daniel T. Taylor III
Attorneys for Appellees: Lyndol Scott Miller, Christian M. Feltner, and George Mitchell Mattingly

Note: Justice Keller is recused.

10 AM EDT

2013-SC-120-DGE
COMMONWEALTH OF KENTUCKY V. FARMER

View Case Briefs (PDF - 65.94KB)

Summary: “Criminal Law. KRS 503.085. Immunity from Prosecution. Interlocutory Appealability. The issue is whether a defendant in a criminal prosecution may pursue an interlocutory appeal from denial of a defense motion to dismiss grounded upon alleged self-defense immunity.”

Discretionary Review granted 5-15-2013
Russell Circuit Court, Judge Vernon Miniard, Jr.

Attorney for Appellant: Jason Bradley Moore
Attorneys for Appellee: R. Burl McCoy, Jr., George Edward Nicholson III, Ralph E. Meczyk, and Robert J. White

11 AM EDT

2012-SC-431-DG
COMMONWEALTH OF KENTUCKY V. LEMONS

View Case Briefs (PDF - 65.94KB)

Summary: “Criminal Law. KRS 503.085. Immunity from Prosecution. Issues involve the requisite pretrial showing of probable cause that use of force in defense was unlawful.”

Discretionary Review granted 2-13-2013
Campbell Circuit Court, Judge Fred A. Stine V

Attorney for Appellant: Jason Bradley Moore
Attorney for Appellee: Susan Jackson Balliet