Kentucky

SC Argument Calendar for Dec 2008 with Dates, Times, Briefs, COA Decisions

By Michael Stevens

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

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

The dates, times, briefs, and  COA decision links are below!

WEDNESDAY, DECEMBER 10, 2008

9:00 a.m. DIRECTV, INC., ET AL. V. TREESH, ET AL. (2007-SC-714-DG)
"Taxation. Federal Preemption. Issue is whether KRS 160.614 which authorizes local school districts to impose a tax on direct broadcast satellite providers is preempted by federal law which exempts such providers from any tax or fee imposed by a "local taxing jurisdiction" where tax is actually paid to the state and for the benefit of a "state concern."
Discretionary Review granted 1/16/2008
Franklin Circuit Court, Judge Thomas D. Wingate
For Movants: Kenneth S. Handmaker, Bradley E. Cunningham, E. Joshua Rosenkranz, Pantelis Michalopoulos, Jeremy N. Kudon, Eric Shapland and Randy J. Kozel
For Respondents: Bethany G. Atkins

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae

2006CA001983

10:00 a.m. COMMONWEALTH OF KENTUCKY V. STONE (2007-SC-107-DG) AND (CROSS-MOTION) STONE V. COMMONWEALTH OF KENTUCKY
(2007-SC-576-DG)
"Criminal Law. Evidence. Statement of Non-Testifying Co-Defendant. Issues include whether testimony revealing redacted portions of a nontestifying co-defendant's statement was properly admitted into evidence, where testimony did not identify or refer to defendant, but was factually inconsistent with defendant's claim of self-defense; whether redacting defendant's own statement to protect rights of co-defendants violated defendant's right to present a defense."
Discretionary Review granted 8/15/2007 and 10/24/2007
Jefferson Circuit Court, Judge Stephen P. Ryan
For Movant/Cross-Respondent: David Wayne Barr
For Respondent/Cross Movant: Bruce P. Hackett

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief
COA decision

11:00 a.m. METHODIST HOSPITAL V. GILLIAM (2007-SC-817-DG)
"Jurisdiction. Labor Law. Issues include whether a wrongful discharge claim based on alleged protected union activities is subject to the exclusive jurisdiction of the National Labor Relations Board."
Discretionary Review granted 4/16/2008
Pike Circuit Court, Judge Eddy Coleman
For Movant: James U. Smith III, Kevin Michael Norris and Oliver Barrett Rutherford
For Respondent: Lawrence R. Webster

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

         2006CA001218

THURSDAY, DECEMBER 11, 2008

9:00 a.m. SAWYER V. MILLS (2007-SC-296-DG)
"Statute of Frauds. Issues include whether an audio tape recording of an oral agreement is sufficient to satisfy the requirements of the Statute of Frauds,
KRS 371.010."
Discretionary Review granted 3/12/2008
Fayette Circuit Court, Judge James D. Ishmael, Jr.
For Movant: Thomas W. Miller and Michael Joseph Cox
For Respondent: William E. Johnson and Samuel Ryan Newcomb

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief
2006CA000697

10:00 a.m. EPPS V. COMMONWEALTH OF KENTUCKY (2007-SC-312-DG)
"Criminal Law. Search. At issue is whether the duration (approximately fifteen minutes) of a valid traffic stop was unreasonably prolonged to allow time for the arrival of a narcotics-detection dog."
Discretionary Review granted 10/24//2007
Montgomery Circuit Court, Judge Beth Lewis Maze
For Movant: Euva D. May
For Respondent: Bryan Darwin Morrow

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. SPRINT COMMUNICATIONS V. LEGGETT (2005-SC-1023-DG) AND (CROSS-MOTION) LEGGETT V. SPRINT COMMUNICATIONS
(2007-SC-273-DG)
"Abuse of Process. Eminent Domain. Discovery. Issues include whether telephone company's attempted use of eminent domain statute to acquire building constitutes abuse of process."
Discretionary Review granted 4/13/2007 and 2/13/2008
Jefferson Circuit Court, Judge Judith E. McDonald-Burkman
For Movant/Cross-Respondent: Stuart E. Alexander III, William J. Walsh and Kathleen M. Winchell Schoen
For Respondent/Cross Movant: Oliver Grant Bruton
(Note: Chief Justice Minton and Justice Abramson are recused --
Special Justices Kevin L. Garvey and John R. Grise sitting)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

       2006CA000159

FRIDAY, DECEMBER 12, 2008

9:00 a.m. METZINGER V. KENTUCKY RETIREMENT SYSTEMS, ET AL.
(2007-SC-363-DG)
"Disability Retirement. Benefit Calculation. Issues include whether annuity payments, received by employee as result of global settlement involving employee's workers' compensation and civil claims, were erroneously considered in calculation of employee's disability-retirement benefit; and, if annuity payments were proper to consider, whether it was arbitrary to apply
full amount of payments in calculation."
Discretionary Review granted 2/13/2008
Franklin Circuit Court, Judge William L. Graham
For Movant: Kenneth L. Sales, Joseph Donald Satterley and Paul Jason Kelley
For Respondents: Katherine I. Rupinen

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

2006CA000423

10:00 a.m. BRANHAM, ET AL. V. STEWART (2007-SC-250-DG)
"Professional Negligence. Attorney and Client. Infants. Guardian and Ward. Issues include whether malpractice suit may be brought by former infant and ward against attorney who represented former next friend and guardian."
Discretionary Review granted 1/16/2008
Pike Circuit Court, Judge Eddy Coleman
For Movants: David C. Stratton and Herman Michael Lucas
For Respondent: John J. Mueller

Appellant's Brief

Appellee's Brief

       2006CA000322

11:00 A.M. MILLER, ET AL. V. JOHNSON CONTROLS, INC., ET AL. (2006-SC-416-DG) AND (CROSS-MOTION) JOHNSON CONTROLS, INC., ET AL. V. MILLER, ET AL. (2007-SC-819-DG)
"Tax. At issue is the constitutionality of retroactive tax legislation prohibiting refunds to businesses filing unitary returns."
Discretionary Review granted 10/24/2007 and 12/12/2007
Franklin Circuit Court, Judge William L. Graham
For Movants/Cross-Respondents: C. Christopher Trower and
Laura Marie Ferguson
For Respondents/Cross-Movants: Bruce F. Clark, Erica Lynn Horn,
Margaret R. Grant, Roger Benjamin Crittenden and Paul H. Frankel
(Note: Chief Justice Minton is recused)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae Brief

       2004CA001566

Full post as published by Kentucky Cases on December 07, 2008 (boomark / email).