Kentucky

SCOKY Oral Arguments for September 23, 24, 2009

By Michael Stevens

Appellate briefs are posted at the Northern Kentucky University, Salmon P. Chase College of Law.  Click here.  If the briefs have been filed at NKU at the time of this post, then they are linked here.  If the briefs were not available on line, Click here and enter the Supreme Court, Month, and year to pull of the results for the briefs filed in the month you need to search.

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!  The actual calendars are on line at AOC - Click here.

WEDNESDAY, SEPTEMBER 23, 2009

9:00 a.m. PETZOLD, ET AL. V. KESSLER HOMES, INC. (2008-SC-106-DG)
"CR 60.02. Motion for relief from final judgment. Retroactive disqualification of a judge."
Discretionary Review granted 10/15/2008
Fayette Circuit Court, Judge Pamela Goodwine
For Movants: William W. Allen and Lori Beth Shelburne
For Respondent: Albert F. Grasch, Jr.
(Rescheduled from May 14, 2009)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. COMMONWEALTH OF KENTUCKY, CABINET FOR HEALTH AND FAMILY SERVICES V. A. C. MCKAY CHAUVIN, JUDGE, ET AL.
(2008-SC-509-MR)
"Disclosure in civil actions of prescription drug history, contained in KASPER records."
Jefferson Circuit Court, Judge A. C. McKay Chauvin
For Appellant: Ronald W. Crawford
For Appellees: William Philip Koehler III and Kenneth P. O'Brien

2008CA000027

Appellant's Brief

Appellee's Brief

Amicus Curiae Brief

Amicus Curiae Brief

11:00 a.m. WINDSOR V. COMMONWEALTH OF KENTUCKY
(2008-SC-383-MR)
"Two Death Sentences-guilty plea to murder, theft and violation of a protective order."
Jefferson Circuit Court, Judge Martin F. McDonald
For Appellant: James David Niehaus
For Appellee: David A. Smith and James Hays Lawson

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

THURSDAY, SEPTEMBER 24, 2009

9:00 a.m. KIRBY V. COMMONWEALTH OF KENTUCKY (2007-SC-833-DG)
"Criminal Law. Violent Offenders. KRS 439.3401. KRS 533.060. At issue is application of the domestic violence exemption from violent offender parole eligibility restrictions for a son who killed a cousin who had attacked his mother."
Discretionary Review granted 10/15/2008
Laurel Circuit Court, Judge Lewis B. Hopper
For Movant: Joseph Brandon Pigg
For Respondent: Kenneth Wayne Riggs
(Note: Chief Justice Minton is recused.)

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

10:00 a.m. KING V. COMMONWEALTH OF KENTUCKY (2008-SC-274-DG)
"Criminal Law. Search and Seizure. Issues include the validity of a search conducted pursuant to a mistaken belief that a fleeing suspect had entered the apartment."
Discretionary Review granted 12/10/2008
Fayette Circuit Court, Judge James D. Ishmael, Jr.
For Movant: Jamesa J. Drake
For Respondent: Joshua D. Farley

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 a.m. UNIVERSITY OF THE CUMBERLANDS V. REV. ALBERT M. PENNYBACKER, ET AL. (2008-SC-253-TG) AND  VERNIE MCGAHA, SENATOR, IN HIS OFFICIAL CAPACITY AS A MEMBER OF THE KENTUCKY GENERAL ASSEMBLY, ET AL. V. UNIVERSITY OF THE CUMBERLANDS, ET AL. (2008-SC-285-TG)
"Constitutionality of appropriation of public funds to the University of the Cumberlands for construction of a pharmacy building."
Franklin Circuit Court, Judge Roger Crittenden
For University of the Cumberlands: Mark Richard Overstreet, James Dee Jordan and Gregory S. Baylor
For Rev. Pennybacker, etc.: David B. Tachau
For Kentucky General Assembly: Bryan Howard Beauman

Appellant's Brief

Appellant's Brief

Appellee's Brief

Appellee's Brief

Appellee's Brief

Appellant's Reply Brief

Amicus Curiae Brief

Amicus Curiae Brief

Amicus Curiae Brief

Amicus Curiae Brief

NO ORAL ARGUMENTS

Full post as published by Kentucky Cases on September 22, 2009 (boomark / email).