FRANKFORT, Ky., April 12, 2023 – The Supreme Court of Kentucky will hear oral arguments Wednesday and Thursday, April 19-20, in Frankfort. Proceedings are open to the public and will take place in the historic Supreme Court Courtroom on the second floor of the Capitol.
The justices will hear a civil case on appeal from Magoffin County Circuit Court, a family law case from Harlan County Circuit Court and a criminal case from Hardin County Circuit Court.
The public may observe in person or online via livestream. Stream arguments as they happen or later as archives here.
The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices 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.
Oral Arguments
WEDNESDAY, APRIL 19, 2023
10 a.m. MAURICE GASAWAY V. COMMONWEALTH OF KENTUCKY (2021-SC-0457-DG)
Criminal Law. Parolees. Fourth Amendment. KRE 404(b). Inextricably Intertwined. Issues include: (1) whether a warrantless, suspicionless search of a parolee’s vehicle is permitted under the Fourth Amendment and Section 10 of the Kentucky Constitution; (2) whether evidence found in the defendant’s vehicle is admissible in the defendant’s trial for possession of heroin, which was found inside his workplace; and (3) whether the admission of testimony describing what grainy security footage showed was harmless.
View attorneys and links to briefs here.
Oral Argument Granted: March 16, 2022
Trial Court(s): Hardin Circuit Court
Presiding Judge(s): Hon. Ken M. Howard
11 a.m. JULINA M. WINLAND AND KEVIN LUCAS V. MYKAL L. RINGSTAFF (2022-SC-0421-DGE)
Family Law. Domestic Violence. Grandparents. Temporary Custody. Issues include: (1) whether subjecting children to filthy, unsanitary living conditions within a residence constitutes an act of domestic violence and abuse sufficient to support the issuance of a DVO; and (2) whether the circuit court properly awarded temporary custody of children to their grandfather, who filed domestic violence petitions on behalf of the children, as compared to the children’s biological mother.
View attorneys and links to briefs here.
Oral Argument Granted: December 20, 2022
Trial Court(s): Harlan Circuit Court
Presiding Judge(s): Hon. Kent Hendrickson
THURSDAY, APRIL 20, 2023
10 a.m. ESTATE OF LAHOMA SALYER BRAMBLE, ET AL. V. GREENWICH INSURANCE COMPANY (2022-SC-0043-DG)
Property. Insurance. Mineral Rights. Trespass. Unfair Claims Settlement Practices Act. Settlement agreement. Issues include whether a third-party plaintiff must, before filing a claim under the Unfair Claims Settlement Practices Act, first file a declaratory judgment claim against a third-party insurer and proceed in such a way that the insurer has an immediate right to appeal a finding of coverage.
View attorneys and links to briefs here.
Thompson, J., not sitting.
Oral Argument Granted: June 8, 2022
Trial Court(s): Magoffin Circuit Court
Presiding Judge(s): Hon. James W. Craft, II
11 a.m. STATE FARM MUTUAL INSURANCE COMPANY V. HONORABLE BRIAN EDWARDS, JUDGE, JEFFERSON CIRCUIT COURT, ET AL. (2022-SC-0145-DG)
Writ of Prohibition. Discovery. Attorney-Client Privilege. Work-Product Doctrine. Oral Contract. Bad Faith. Issues include whether the Court of Appeals erred by denying an insurer’s petition for a writ of mandamus which sought to prevent production of the insurer’s claim file as part of discovery. The petition derives from a personal injury lawsuit wherein the plaintiff’s entry into an oral settlement agreement with a claim representative of the insurer is asserted as a defense to claims made by the plaintiff in the underlying action, and the plaintiff has also made claims under the Kentucky Unfair Claims Settlement Practices Act, KRS 302.12-230.
View attorneys and links to briefs here.
Oral Argument Granted: March 7, 2023
Trial Court(s): Jefferson Circuit Court
Presiding Judge(s): Hon. Brian Edwards
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