Kentucky

SCOKY ARGS for Feb. 11-13, 2009 - Time, dates, cases, issues and links to full text of lower decision and briefs (filed at Chase Law School)

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!

Again, if the litigants would like to request from the AOC at the time of their arguments copies of the videos and send to us, we will stream them!

WEDNESDAY, FEBRUARY 11, 2009

9:00 a.m. TOBAR V. COMMONWEALTH OF KENTUCKY (2007-SC-842-DG)
"Criminal Law. Sex-Offender Registration. Issues include whether the statutory requirement that a registered sex offender must (re)register upon a "change of address" is unconstitutional in the case of a registrant who becomes homeless."
Discretionary Review granted 5/14/2008
Fayette Circuit Court, Judge Mary C. Noble
For Movant: Samuel N. Potter
For Respondent: James Coleman Shackelford
(Note: Justice Noble is recused)

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief

10:00 a.m. STEVE BESHEAR (IN HIS OFFICIAL CAPACITY AS THE GOVERNOR OF THE COMMONWEALTH OF KENTUCKY), ET AL. V. HAYDON BRIDGE COMPANY, INC., ET AL. (2007-SC-58-TG)
"Temporary suspension of an appropriation statute in a budget bill-applicability of the publication requirement of Section 51 of the Kentucky Constitution."
Franklin Circuit Court, Judge William L. Graham
For Appellants: Virginia Hamilton Snell, Mark Stephen Pitt and Christopher W. Brooker
For Appellees: Mark David Guilfoyle, H. Edward O'Daniel, Jr. and Francis Lee Dickerson.

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• Appellee's Reply Brief

11:00 a.m. COMMONWEALTH OF KENTUCKY V. HOUSE (2008-SC-114-DG)
"Criminal Law. DUI. Pre-trial Discovery. Trade Secret. Issue is the propriety of ordering disclosure of the computer "source code" of the Intoxylizer 5000 where the manufacturer claims that it is a trade secret and the defendant urges that failure to disclose it violates his confrontation rights."
Discretionary Review granted 6/11/2008
Fayette Circuit Court, Judge Kimberly N. Bunnell
For Movant: Perry Thomas Ryan
For Respondent: Thomas Dulaney Bullock and Harold Lewis Kirtley, II

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• Amicus Curiae Brief for CMI, Inc.

THURSDAY, FEBRUARY 12, 2009

9:00 a.m. FREEMAN, (JESSAMINE COUNTY PVA), ET AL.V. ST. ANDREW ORTHODOX CHURCH, INC. (2007-SC-640-DG)
"Tax. Property Exemptions. The issue is whether church property, rented to third parties yet used occasionally by church members, is exempt from taxation under Ky. Const. § 170."
Discretionary Review granted 8/13/2008
Jessamine Circuit Court, Judge C. Hunter Daugherty
For Movants: Douglas M. Dowell
For Respondent: David Andrew Owen, Mark Francis Sommer and Jennifer Sartor Smart

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief

10:00 a.m. ST. CLAIR V. COMMONWEALTH OF KENTUCKY (2005-SC-828-MR)
"Death Penalty-Murder"
Bullitt Circuit Court, Judge Thomas Waller
For Appellant: Shannon Renee Dupree and Linda Roberts Horsman
For Appellee: David A. Smith

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief

FRIDAY, FEBRUARY 13, 2009

9:00 a.m. CANTRELL, ET AL. V. ASHLAND OIL, INC., ET AL. (2006-SC-763-DG) AND (CROSS-MOTION) ASHLAND OIL, INC., ET AL. V. CANTRELL, ET AL.
(2007-SC-818-DG)
"Environmental Contamination. Evidence. Damages. Instructions. Statute of Limitations. In action by landowners against oil-drilling company alleging contamination of surface and water, issues include whether certain claims were improperly dismissed as time-barred; whether on remaining claims trial court improperly excluded evidence from plaintiffs' expert and lay witnesses; whether instructions to jury were erroneous; whether damages were no more than "stigma" damages for which there could be no recovery; and whether defendants were entitled to judgment as a matter of law."
Discretionary Review granted 10/24/2007 and 12/12/2007
Johnson Circuit Court, Judge Stephen Frazier
For Movants/Cross-Respondents: Joseph R. Lane and Ned Barry Pillersdorf
For Respondents/Cross-Movants: Anne Adams Chesnut, Michael J. Schmitt, Phillip D. Scott and Brian Michael Johnson
(Note: Justice Scott is recused)

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• Appellee's Reply Brief

10:00 a.m. BLUE MOVIES, INC., D/B/A LOVE BOUTIQUE, ET AL. V. LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT
(2007-SC-812-DG)
"First Amendment. Adult Entertainment. Twenty-First Amendment. Issues include the constitutionality of certain provisions regulating adult entertainment establishments, particularly a provision prohibiting alcohol sales, a provision requiring disclosure of principal owners and a "no touching" provision."
Discretionary Review granted 4/16/2008
Jefferson Circuit Court, Judge Stephen P. Ryan
For Movants: Edward Brian Davis, Paul S. Gold, Charles Michael Hatzell, Frank Mascagni, III, Ronald Ludlow Cook, David Stuart Stevenson, H. Louis Sirkin and Bradley J. Shafer
For Respondent: Winston King, N. Scott Lilly, William P. O'Brien and Scott D. Bergthold

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• Amicus Curiae

Full post as published by Kentucky Cases on February 03, 2009 (boomark / email).