Kentucky

SCOKY ARGS for June 17-18, 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 issues, dates, times, lower court/judge, counsel, AND links to full text ofbriefs and  COA decision are below!

WEDNESDAY, JUNE 17, 2009

9:00 a.m. PETITIONER F, ET AL. V. BROWN (2008-SC-213-DG)
"Collection of DNA samples from juveniles by the Department of Juvenile Justice."
Discretionary Review granted 10/16/2008
Franklin Circuit Court, Judge Samuel G. McNamara
For Movants: Mary Gail Robinson, Timothy G. Arnold
For Respondent: Joslyn Hyatt Olinger

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. BEARD V. COMMONWEALTH OF KENTUCKY (2008-SC-79-DG)
"Attorney's conflict of interest."
Discretionary Review granted 10/15/2008
Crittenden Circuit Court, Judge C. Rene Williams
For Movant: Joseph Brandon Pigg
For Respondent: Kenneth Wayne Riggs

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. HILL, ET AL. V. KENTUCKY LOTTERY CORPORATION (2006-SC-748-DG) AND (CROSS-MOTION) KENTUCKY LOTTERY CORPORATION V. HILL,
ET AL. (2008-SC-380-DG)
"Defamation. Privilege. Post-Judgment Interest. Civil Procedure. Issues involve the privilege defense to a defamation claim, assessment of a reduced rate of post-judgment interest, and whether the appeal was timely."
Discretionary Review granted 5/14/2008 and 9/10/2008
Jefferson Circuit Court, Judge Stephen P. Ryan
For Movants/Cross-Respondents: Laurence John Zielke, Keith B. Hunter,
James Hays Lawson and Janice M. Theriot
For Respondent/Cross-Movant: Brent Robert Baughman, Jan Michele West and Melissa Norman Bork
(Note: Chief Justice John D. Minton, Jr. and Justice Bill Cunningham are recused -- Special Justice Earl Franklin Martin, Jr. and Special Justice Mark C. Whitlow sitting)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

Appellee's Reply Brief

THURSDAY, JUNE 18, 2009

9:00 a.m. BAUDER V. COMMONWEALTH OF KENTUCKY (2008-SC-56-DG)
"Criminal Law. Sobriety Checkpoint. Investigative Traffic Stop. Primarily at issue is whether a driver's turn onto a public road within sight of a police roadblock provides police with reasonable suspicion of criminal activity justifying an investigative traffic stop."
Discretionary Review granted 5/14/2008
Boyle Circuit Court, Judge Darren Peckler
For Movant: John Richard Clay
For Respondent: Richard Lenn Bottoms, Richard H. Campbell, Jr., and Heather Michelle Fryman.

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. JAROSZEWSKI, ET AL. V. FLEGE, ET AL. (2008-SC-112-DG)
"Civil Procedure. Failure to Prosecute. Dismissal of Complaint. Issues include whether trial court abused discretion by dismissing plaintiffs' complaint for failure to prosecute, on defendants' motions pursuant to CR 41 .02."
Discretionary Review granted 11/19/2008
Grant Circuit Court, Judge Stephen L. Bates
For Movants: Trevor Wayne Wells
For Respondents: Jack Scott Gatlin, Peter Wade Whaley and Ann Geisheimer

Appellant's Brief

Appellee's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. MEECE V. COMMONWEALTH OF KENTUCKY (2006-SC-881-MR)
"Death Sentence-First Degree Burglary, First Degree Robbery and three counts of Murder."
Warren Circuit Court, Judge James G. Weddle
For Appellant: Donna Lynn Boyce and Thomas More Ransdell
For Appellee: William Robert Long, Jr.
(Rescheduled from April 16, 2009)

FRIDAY, JUNE 19, 2009 - NO ORAL ARGUMENTS

Full post as published by Kentucky Cases on June 16, 2009 (boomark / email).