Kentucky

Sorry for the tardiness!!!

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 issues, dates, times, lower court/judge, counsel, AND links to full text ofbriefs and  COA decision are below!

WEDNESDAY, APRIL 15, 2009

9:00 a.m. MULLINS V. PICKLESIMER (2008-SC-484-DGE)

"Child Custody. Issues include whether the biological mother waived her superior right of custody, thus permitting a joint custody award by having acknowledged her same sex partner as a parent of the child, co-parenting the child prior to separation of the couple and later allowing extensive timesharing and visitation with the child."

Discretionary Review granted 1/14/2009

Garrard Circuit Court, Judge C. Hunter Daugherty

For Movant: William R. Erwin

For Respondent: Robin Renee Slater

• Appellant's Brief
• Appellee's Brief
• 2007CA000086 COA DECISION

10:00 a.m. COMMONWEALTH OF KENTUCKY V. LOPEZ (2008-SC-308-DG)

"Criminal Law. Probation Revocation. Uniform Code of Military Justice. The primary issue concerns the weight that courts should give to violations of the UCMJ which do not necessarily constitute an independent offense under Kentucky law."

Discretionary Review granted 9/10/2008

Hardin Circuit Court, Judge Kelly M. Easton

For Movant: Heather Michelle Fryman

For Respondent: Sheldon S. Mirkin

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• 2006CA002461 COA DECISION

11:00 a.m. SOLINGER M.D., ET AL. V. PEARSON, ET AL. (2007-SC-389-DG) AND (CROSS-MOTION) PEARSON V. SOLINGER, M.D., ET AL. (2008-SC-133-DG)

NORTON HOSPITAL, INC. V. PEARSON (2007-SC-414-DG) AND (CROSS-MOTION) PEARSON V. NORTON HOSPITAL, INC.

(2008-SC-134-DG)

"Civil Procedure. Summary Judgment. Expert Witnesses. Issues in this medical malpractice action include whether the trial court erred in entering summary judgment in favor of the defendants after the then-pro se plaintiff failed to disclose timely her expert witnesses."

Discretionary Review granted 2/13/2008 and 4/16/2008

Jefferson Circuit Court, Judge Judith E. McDonald-Burkman

For Movants/Cross Respondents (Solinger, et al.): James Patrick Grohmann and Katherine K. Vesely

For Movant/Cross-Respondent (Norton Hospital, Inc.): Bradley R. Hume and Beth Hendrickson McMasters

For Respondent/Cross-Movant (Pearson): Alan Steven Rubin

• Solinger v. Pearson, 2007-SC-389, 2008-SC-133
  • Appellant's Brief
  • Appellee's Brief
  • Appellant's Reply Brief
  • Appellee's Reply Brief
• Norton Hospital v. Pearson, 2007-SC-414, 2008-SC-134
  • Appellant's Brief
  • Appellee's Brief
  • Appellant's Reply Brief
  • Appellee's Reply Brief
• related Supreme Court Cases
  • 2007-SC-000414
  • 2008-SC-000133
  • 2008-SC-000134
  • 2008-SC-000389
• 2006CA000585 COA DECISION

THURSDAY, APRIL 16, 2009

9:00 a.m. MAULDIN, ET AL. V. BEARDEN (2008-SC-557-DGE)

"Child Custody and Visitation. Issues include whether Kentucky retained jurisdiction over visitation under KRS 403.824, a UCCJEA provision adopted

in 2004."

Discretionary Review granted 1/14/2009

Jefferson Circuit Court, Judge Stephen M. George

For Movants: Mitchell A. Charney and Stephanie Lynn Morgan-White

For Respondent: Armand I. Judah

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• 2007CA001888 COA DECISION

10:00 a.m. ASSOCIATED INSURANCE SERVICE, INC., ET AL. V. GARCIA, M.D., ET AL. (2008-SC-037-DG) AND AON RISK SERVICES INC. OF OHIO, ET AL. V. GARCIA, M.D., ET AL. (2008-SC-044-DG).

"Professional negligence case against an insurance agent and broker. Assignment of claims. Summary judgment."

Discretionary Review granted 9/10/2008

Jefferson Circuit Court, Judge Geoffrey P. Morris

For Movant (Associated Insurance Service): Frank P. Doheny, Jr. and Michael C. Merrick

For Movant (Aon Risk Services): Mark Scott Riddle, Brent Robert Baughman and P. Blaine Grant

For Respondents: Larry B. Franklin and Leroy E. Sitlinger, Jr.

• Appellant's Brief
• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• Appellant's Reply Brief
• Related SC Cases
  • 2008-SC-000037
  • 2008-SC-000044
• 2006CA001737 COA DECISION

11:00a Meece v. Commonwealth, 2006-SC-881 [note this was not listed in the SC's Oral Argument Calendar but was included with the briefs filed at NKY Chase School of Law; these are included in an abundance of caution]

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

FRIDAY, APRIL 17, 2009 ------ NO ORAL ARGUMENT