Kentucky

STREAMING VIDEO OF SCOKY ARGS: Partial listing of those for Dec. 2008 - DirectTV v. Treesh; Com. v. Stone; and Methodist Hosp. v. Gilliam - Send us the videos of your args and we will convert to streaming and post!

By Michael Stevens

We were able to obtain copies of some recent Supreme Court arguments.  You will need Quicktime to view them.  Let us know if you like this service.  We can only convert those we receive.  So if you have a case on disk or videotape, let us know.  We can then convert it to streaming video on the web, and you can then link to your own argument from your own web site.

Some that we would like to post are civil cases addressing the lost chance doctrine in med mal case and the statute of frauds argument involving Melbourne Mills.

Check these out from 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
• 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
• 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

Full post as published by Kentucky Cases on January 17, 2009 (boomark / email).