FRANKFORT, Ky., Sept. 13, 2022 – The Supreme Court of Kentucky will hear oral arguments Sept. 14-15 in Frankfort, including a debate about the constitutionality of involuntary commitment legislation for violent offenders passed during the 2022 Kentucky General Assembly. Proceedings are open to the public and will take place in the Supreme Court Courtroom on the second floor of the Capitol.
Watch arguments via livestream as they happen or as archives here.
Under House Bill 310, violent offenders found incompetent to stand trial can be involuntarily committed if they are a danger to themselves and others even if they wouldn’t necessarily benefit from treatment while hospitalized. Prior to this law, such a defendant could be involuntarily hospitalized only if it was determined they could benefit from treatment. Otherwise, the person could be set free.
Attorneys for two people involuntarily committed under the new law are challenging its constitutionality before the Supreme Court after losing an appeal in the Kentucky Court of Appeals.
Justices will hear arguments in G.P. V. HON. ANGELA MCCORMICK BISIG, ET AL. and C.M. V. HON. ANNIE O’CONNELL, ET AL. at 10 a.m. ET Wednesday, Sept. 14. Judges Angela McCormick Bisig and Annie O’Connell presided in the cases in Jefferson Circuit Court. The appellants are referred to by initials as these proceedings are confidential by statute.
The court will also hear cases on appeal from Fayette, Jessamine and Trigg counties.
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, SEPT. 14, 2022
10 a.m. ET
G.P. V. HON. ANGELA MCCORMICK BISIG, ET AL. (2022-SC-0011-MR) AND C.M. V. HON. ANNIE O’CONNELL, ET AL. (2022-SC-0125-MR)
Criminal Law. Incompetency. Involuntary Commitment. KRS 202C. KRS 504.110. Issues presented include whether HB 310, which amended KRS 504.110 and created KRS 202C, is unconstitutional under Sections 46 and 51 of the Kentucky Constitution; may be applied retroactively; and affords an incompetent defendant adequate due process protections under the United States and Kentucky Constitutions.
View case briefs
Oral Argument Granted: August 19, 2022
Trial Court(s): Jefferson Circuit Court
Presiding Judge(s): Hon. Angela McCormick Bisig, Hon. Annie O’Connell
Counsel for Appellants: Elizabeth B. McMahon, Louisville Metro Public Defender’s Office
Counsel for Appellee: Daniel J. Cameron, Attorney General of Kentucky; Matthew F. Kuhn, Brett R. Nolan, Michael R. Wajda, Office of the Attorney General
11 a.m. ET
COMMONWEALTH OF KENTUCKY V. ANTHONY WOODS (2021-SC-0460-DG)
Criminal Law. Appellate Procedure. DUI. Issues presented involve the absence of the recording of the trial from the certified record on appeal and application of Wells v. Commonwealth, 709 S.W.2d 847 (Ky. App. 1986).
View case briefs
Discretionary Review Granted: February 16, 2022
Trial Court(s): Jessamine Circuit Court
Presiding Judge(s): Hon. C. Hunter Daugherty
Counsel for Appellant: Daniel J. Cameron, Attorney General of Kentucky; Christopher Henry, Office of the Attorney General
Counsel for Appellee: David Russell Marshall
THURSDAY, SEPT. 15, 2022
10 a.m. ET
WALMART, INC, ET AL. V. LEIGH ANN REEVES (2021-SC-0288-DG)
Torts. Negligent Security. Foreseeability of Criminal Acts. Issues include whether this Court’s decision in Shelton v. Kentucky Easter Seals, 413 S.W.3d 901 (Ky. 2013), which holds that foreseeability is normally a question of fact to be decided by a jury, applies to cases outside of the slip-and-fall context.
VanMeter, J., not sitting.
View case briefs
Discretionary Review Granted: February 16, 2022
Trial Court(s): Fayette Circuit Court
Presiding Judge(s): Hon. Lucy Anne VanMeter
Counsel for Appellants: Christopher R. Cashen, Kyle R. Bunnell, Dinsmore & Shohl LLP
Counsel for Appellee: Stephen M. O’Brien, III, D. Seth Coomer, O’Brien Batten & Kirtley, PLLC
11 a.m. ET
RICO L. CAVANAUGH V. COMMONWEALTH OF KENTUCKY (2021-SC-0441-MR)
Criminal Law. Marsy’s Law. Issues include whether trial court properly applied Marsy’s Law when, despite invocation of the rule of separation of witnesses and objections from defense counsel, the victim of defendant’s alleged criminal conduct was allowed to remain in the courtroom during the testimony of other witnesses.
View case briefs
Oral Argument Granted: August 19, 2022
Trial Court(s): Trigg Circuit Court
Presiding Judge(s): Hon. Clarence A. Woodall, III
Counsel for Appellant: Robert Chung-Hua Yang, Department of Public Advocacy
Counsel for Appellee: Daniel J. Cameron, Attorney General of Kentucky; Matthew F. Kuhn, Brett R. Nolan, Courtney E. Albini, Office of the Attorney General
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