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ARGUMENTS: Supreme Court Arguements for Feb. 13, 14 & 15, 2008

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.

WEDNESDAY, FEBRUARY 13, 2008

9:00 a.m. KING DRUGS, INC., ET AL. V. COMMONWEALTH OF KENTUCKY, REVENUE CABINET, ET AL. (2005-SC-789-DG)
"Sales and Use Taxes. At issue is whether sales and use taxes were properly assessed for the sale or lease of certain medical items."
Discretionary Review granted 5/10/2006
Franklin Circuit Court, Judge Roger Crittenden
For Movants: A.V. Conway, II
For Respondents: Laura M. Ferguson and Jon W. Ackerson
(Note: Justice Minton and Justice Schroder are recused --
Special Justices Pamela K. Addington and Joy A. Moore sitting)

Briefs filed at Chase College of Law:

Appellant?s Brief

Appellee?s Brief

Amicus Curiae Brief

COA OPINION: 2004CA002019

10:00 a.m. COMMONWEALTH OF KENTUCKY V. WOOTEN (2006-SC-125-DG)
"Criminal Law. Competency to Stand Trial. Issues include whether trial court at competency hearing improperly permitted testimony by expert retained by defense; and whether trial court abused its discretion by finding defendant not competent to stand trial where court-appointed expert testified that defendant was competent and defense expert testified that defendant was "marginally competent."
Discretionary Review granted 8/17/2006
Bracken Circuit Court, Judge John W. McNeill, III
For Movant: Matthew Robert Krygiel
For Respondent: Damon L. Preston

Briefs filed at Chase College of Law:

Appellant?s Brief

Appellee?s Brief

COA OPINION:  2004CA002334

11:00 a.m. COMMONWEALTH OF KENTUCKY V. HARRIS (2006-SC-40-DG) AND (CROSS- MOTION) HARRIS V. COMMONWEALTH OF KENTUCKY (2006-SC-451-DG)
"Criminal Law. Post-Conviction Relief. Whether the facts justify granting a new trial, based upon a witness's testimony in two different proceedings, in which the witness's memory was vague in this defendant's trial but very specific in another trial. On cross-motion, the issues are whether error was committed in failing to appoint counsel."
Discretionary Review granted 6/7/2006 and 8/17/2006
Casey Circuit Court, Judge James G. Weddle
For Movant/Cross-Respondent: Gregory C. Fuchs
For Respondent/Cross-Movant: Dennis James Burke

Briefs filed at Chase College of Law:

Appellant?s Brief

Appellee?s Brief

Appellant?s Reply Brief

COA OPINION: 2004CA000562; 2003CA001857

THURSDAY, FEBRUARY 14, 2008

9:00 a.m. COFFMAN V. RANKIN (2007-SC-348-DGE)
"Domestic Relations. Child Custody Modification. Issues involve the KRS 403.350 affidavit requirement and "adequate cause" for a hearing on a motion for modification of joint custody."
Discretionary Review granted 8/15/2007
Hardin Circuit Court, Judge Pamela Addington
For Movant: Barry Birdwhistell
For Respondent: David Bradley Mour

Briefs filed at Chase College of Law:

COA OPINION:  2006CA001559

10:00 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: Clint Evans Watson

Briefs filed at Chase College of Law:

Appellant?s Brief

Appellee?s Brief

Appellant?s Reply Brief

COA OPINION:  None.

11:00 a.m. COMMONWEALTH OF KENTUCKY, DEPARTMENT OF CORRECTIONS, ET AL. V. CHESTNUT (2006-SC-86-DG)
"Open Records Act. Issues include the level of specificity required for a KRS 61.872(2) document request by an inmate for a copy of his own non-confidential records."
Discretionary Review granted 5/10/2006
Franklin Circuit Court, Judge William L. Graham
For Movants: Emily Dennis
For Respondent: Allison I. Connelly
(Justice Cunningham is recused)

Briefs filed at Chase College of Law:

Appellant?s Brief

Appellee?s Brief

Appellant?s Reply Brief

COA OPINION: 2004CA001497

FRIDAY, FEBRUARY 15, 2008

9:00 a.m. DERRY V. COMMONWEALTH OF KENTUCKY (2006-SC-181-DG)
"Criminal Law. Double Jeopardy. Issues include whether, after the
Commonwealth had completed questioning of three witnesses at a jury trial but the case then was dismissed because the alleged offenses occurred in another county, reprosecution for the same offenses could occur in the second county."
Discretionary Review granted 8/17/2006
Metcalfe Circuit Court, Judge Phillip R. Patton
For Movant: Thomas M. Ransdell
For Respondent: Bryan D. Morrow

Briefs filed at Chase College of Law:

Appellant?s Brief

Appellee?s Brief

Appellant?s Reply Brief

COA Opinion: 2004CA000959

10:00 a.m. MOORHEAD V. MANNING, ET AL. (2006-SC-251-DG)
"Attorney Fees. Issues include the propriety of new litigation, subsequent to final disposition of contract and attorney fee litigation, as a procedure for pursuing post judgment attorney fees."
Discretionary Review granted 9/13/2006
Jefferson Circuit Court, Judge Denise Clayton
For Movant: John H. Dwyer, Jr. and James Hays Lawson
For Respondents: W. David Kiser and Simon Brooks Berry
(Note: Justice Schroder is recused)
(Rescheduled from August 16, 2007)
(Rescheduled from December 14, 2007)

Briefs filed at Chase College of Law:

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

COA OPINION: 2005CA000700

11:00 A.M. NEURODIAGNOSTICS, INC. V. KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY, ET AL. (2006-SC-857-DG)
"Motor Vehicle Insurance. Assignment Rights. KRS 304.39-241. Issues
involve the validity of assignments of basic reparation benefits to permit direct assertion of claims by medical providers against reparations obligors."
Discretionary Review granted 3/14/2007
Fayette Circuit Court, Judge Thomas L. Clark and Judge Pamela Goodwine
For Movant: David T. Enlow and Tracey S. Enlow
For Respondents: Guy R. Colson, Christina L. Vessels, Douglas L. Hoots, and Tyler Griffin Smith
(Justice Schroder is recused)

Briefs filed at Chase College of Law:

Appellant?s Brief

Appellee?s Brief

Appellee?s Brief

Appellant's Reply Brief

COA OPINION: 2005CA000735  2005CA001583

Full post as published by Kentucky Cases on February 02, 2008 (boomark / email).