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Supreme Court of Kentucky to hear arguments Dec. 12-14 in Frankfort

Friday, 11 30, 2012

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 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, Dec. 12-14, in Frankfort to hear oral arguments in cases that originated in Campbell, Fayette, Franklin, Jefferson and Montgomery 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 court will hear cases at 9 and 10 a.m. EST each day.

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. 12, 2012

9 AM
2010-SC-770-DG    
EDWARDS V. HARROD, ETC., ET AL.

Summary: “Juvenile. Youthful Offenders. Violent Offender Statute. The question presented is whether Violent Offender Statute KRS 439.3401 applies to a “youthful offender” upon probation revocation so as to bar the requirement of serving 85% of a sentence prior to parole consideration.”

BRIEFS (PDF - 73.39KB)

Discretionary Review granted 11-16-2011
Franklin Circuit Court, Judge Phillip J. Shepherd

Attorneys for Appellant: La Mer Kyle-Griffiths and Renee Sara Vandenwallbake
Attorney for Appellees: Joseph Todd Henning

10 AM            
2011-SC-415-DG
PATEL V. TUTTLE PROPERTIES, LLC, ET AL.

Summary: “Contracts. Damages. Issues involve the reasonableness of the forfeiture of the $125,000 earnest money deposit for the buyer’s breach of a $450,000 contract for sale of a convenience store.”

BRIEFS (PDF - 73.39KB)

Discretionary Review granted 5-16-2012
Montgomery Circuit Court, Judge Beth Lewis Maze

Attorney for Appellant: Michael A. Rowady
Attorney for Appellees: Jesse Reid Hodgson

THURSDAY, DEC. 13, 2012

9 AM
2011-SC-599-DG    
BOARD OF EDUCATION OF FAYETTE COUNTY, KENTUCKY, ET AL. V. HURLEY-RICHARDS

Summary: “School Law. Issues include whether KRS 161.790(1)(b) “conduct unbecoming a teacher” can include use of allegedly excessive physical force against a second-grader.”

BRIEFS (PDF - 73.39KB)

Discretionary Review granted 5-16-2012
Fayette Circuit Court, Judge Ernesto Scorsone

Attorneys for Appellants: Robert Lynn Chenoweth and Grant Robert Chenoweth
Attorneys for Appellee: Arthur L. Brooks and Joellen Sensenbach McComb

10 AM            
2010-SC-532-DG
GRUBB, ET AL. V. NORTON HOSPITALS, INC., ET AL.

Summary: “Jury Selection. Agency. Evidence Admissibility. The issues include: whether the trial court erred by failing to strike three jurors for cause; whether the trial court erred by entering summary judgment on agency issues; and whether the trial court erred by failing to allow the plaintiffs to introduce evidence that the doctors and hospital were covered by the same liability insurance.”

BRIEFS (PDF - 73.39KB)

Discretionary Review granted 4-18-2012
Jefferson Circuit Court, Judge Susan Lynn Schultz

Attorneys for Appellants: Francis Thomas Conway, Chadwick Neal Gardner and Scott Thomas Roby
Attorneys for Appellees: Bradley R. Hume, Beth Hendrickson McMasters, Allison Olczak Wildman, Heather Renee Cash, Craig Louis Johnson, Brandon M. Howell, Daniel Garland Brown, David Bryan Gazak and Robert Joseph Shilts

FRIDAY, DEC. 14, 2012

9 AM
2010-SC-664-DG
FLICK V. THE ESTATE OF CHRISTINA WITTICH

Summary: “Appellate Procedure. Notice of Appeal. Issues include whether the Court of Appeals properly dismissed a notice of appeal that named only the decedent’s estate but was served on the co-executors.”

BRIEFS (PDF - 73.39KB)

Discretionary Review granted 2-15-2012
Fayette Circuit Court, Judge Thomas L. Clark

Attorney for Appellant: Jennifer Francis Zeigler
Attorneys for Appellee: Roger Newman Braden

Note: Justice Noble and Justice Schroder are recused. Special Justices Thomas W. Miller and Frank H. McCartney sitting. Rescheduled from Oct. 17, 2012.

10 AM                      
2011-SC-725-DG
CITY OF FORT THOMAS V. CINCINNATI ENQUIRER, ETC.

Summary: “Open Records. Privacy Exception. Issues include whether disclosure of a law enforcement agency’s investigative file before a criminal prosecution is complete constitutes “harm” as a matter of law under KRS 61.878(1)(h) and whether the statute requires law enforcement agencies to monitor prosecutors’ decisions to disclose information from an investigative file.”

BRIEFS (PDF - 73.39KB)

Discretionary Review granted 6-13-2012
Campbell Circuit Court, Judge Fred A. Stine V.

Attorneys for Appellant: Jeffrey C. Mando and Jennifer H. Langen
Attorneys for Appellee: Paul Alley and John C. Greiner