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May 2008 Supreme Court of Kentucky Oral Arguments (SCOKY) for May 14, 15, 16

By Michael Stevens

Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law.  Click here.

Links to COA decisions (if there are any) follow the links to the briefs.

For Kentucky Supreme Court LIVE arguments, click here on date and time of argument.

WEDNESDAY, MAY 14, 2008

9:00 a.m. RICHARDSON V. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (2006-SC-502-DG)
"Insurance. Duty to Defend. CALGA. Issues include whether the duty to defend under the Claims Against Local Governments Act (KRS 65.200 et seq.) applies to former employees sued in tort for acts or omissions occurring within the scope of local government employment."
Discretionary Review granted 1/18/2007
Jefferson Circuit Court, Judge Michael O. McDonald
For Movant: J. Key Schoen
For Respondent: N. Scott Lilly and Susan P. Spickard
(Note: Justice Schroder is recused)
(Rescheduled from March 14, 2008)

Briefs not yet posted
2004CA002440

10:00 a.m. JONES V. COMMONWEALTH OF KENTUCKY (2006-SC-802-DG)
"Criminal Law. DUI. Amendment of Charges. PFO. Issues include the application and operation of KRS 189A.010(5) that fourth or subsequent offenses are to be charged as felonies and KRS 189A.120 restricting amending charges down where an individual refused to submit to testing."
Discretionary review granted 3/14/2007
Fayette Circuit Court, Judge Pamela Goodwine
For Movant: V. Gene Lewter
For Respondent: Courtney J. Hightower
(Note: Justice Schroder is recused)

Appellant's Brief

Appellee's Brief

2005CA001089

11:00 a.m. WILLIAMS V. STATE FARM MUTUAL INSURANCE CO. (2006-SC-856-DG)
"Auto Insurance. Underinsured Coverage. Was a vehicle excluded from coverage as a vehicle "furnished" (language used in the policy) to a member of an insured's household, when the vehicle had been purchased exclusively by that member of the household but titled in the insured's and the purchaser's name?"
Discretionary Review granted 4/11/2007
Menifee Circuit Court, Judge William B. Mains
For Movant: William Daniel Nefzger
For Respondent: E. Douglas Stephan

Appellant's Brief

Appellee's Brief

THURSDAY, MAY 15, 2008

9:00 a.m. QUINTANA V. COMMONWEALTH OF KENTUCKY (2006-SC-629-DG)
"Criminal Law. Search and Seizure. Were the appellant's rights violated when police went into his backyard in order to see if the home had a back door and to determine if the appellant was home?"
Discretionary Review granted 2/14/2007
Nelson Circuit Court, Judge Larry Raikes
For Movant: John D. Seay and Jeremy Dwight Chesser
For Respondent: Terry Lane Geoghegan and Bryan D. Morrow

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

2005CA000341

10:00 a.m. BOTTOM, ET AL. V. COMMONWEALTH OF KENTUCKY (2006-SC-823-DG)
"Criminal Law. Search and Seizure. The issue is the validity of the police practice of "knock and talk," in which officers approach a home in order to request consent to conduct a search when officers have suspicion of criminal conduct but do not have sufficient information to establish probable cause to obtain a search warrant."
Discretionary Review granted 2/14/2007
Russell Circuit Court, Judge Vernon Miniard, Jr.
For Movants: Jeffrey H. Hoover
For Respondent: Michael Harned

Appellant's Brief

Appellee's Brief

2004CA002480

11:00 a.m. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES V. EPI CORPORATION (2006-SC-348-DG)
"Statute of Limitations. Medicaid. The issue is the applicable statute of limitations for recoupment of overpaid medicaid benefits."
Discretionary Review granted 2/14/2007
Anderson Circuit Court, Judge William F. Stewart
For Movant: Johann F. Herklotz and Alea Amber Arnett
For Respondent: Frank F. Chuppe, Virginia Hamilton Snell and Stephen R. Price
(Note: Justice Minton is recused)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

2005CA000274

FRIDAY, MAY 16, 2008

9:00 a.m. CLARK V. COMMONWEALTH OF KENTUCKY (2005-SC-862-MR)
"Twenty-five counts: first degree rape, first degree sodomy, second degree sodomy, incest, promoting a sexual performance by a minor, use of a minor in a sexual performance, criminal attempt to commit promoting a sexual performance by a minor and criminal attempt to commit use of a minor in a sexual performance - Life imprisonment."
Hardin Circuit Court, Judge Janet P. Coleman
For Appellant: Emily Holt Rhorer
For Appellee: Jeffrey A. Cross
(Rescheduled from February 14, 2008)

Appellant?s Brief

Appellee?s Brief

Appellant?s Reply Brief
No COA Decision.

10:00 a.m. COMMONWEALTH OF KENTUCKY, TRANSPORTATION CABINET, DEPARTMENT OF HIGHWAYS V. SEXTON, ET AL. (2006-SC-454-DG)
"Board of Claims. Negligence. Duty. Issues include whether the Department of Highways has a duty to prevent dead or diseased trees on its properties from falling onto adjoining properties."
Discretionary Review granted 2/14/2007
Jefferson Circuit Court, Judge Ann Shake
For Movant: A. Andrew Draut, Russell H. Saunders and P. Kevin Moore
For Respondents: Daniel Michael Alvarez and G. Mitchell Mattingly
(Note: Justice Schroder is recused)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

2005CA000005

11:00 a.m. HENRY V. COMMONWEALTH OF KENTUCKY (2006-SC-767-DG)
"Criminal Law. Miranda Warnings. Vehicle Search. Double Jeopardy. On appeal of criminal conviction pursuant to conditional guilty plea, issues relate to the "public safety" exception to mandated Miranda warnings, the warrantless search of automobile incident to recent occupant's arrest, and whether claim of double jeopardy is waived upon entry of guilty plea."
Discretionary Review granted 4/11/2007
Jefferson Circuit Court, Judge F. Kenneth Conliffe
For Movant: Bruce P. Hackett
For Respondent: Gregory C. Fuchs
(Note: Justice Schroder is recused)

Appellant?s Brief

Appellee?s Brief

Appellant?s Reply Brief

2005CA000611

Full post as published by Kentucky Cases on May 05, 2008 (boomark / email).