Kentucky

SCOKY Oral Arguments for March 2011

By Michael Stevens

SCOKY Oral Arguments for March 2011

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, THEN  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 (or the link for those "accepted for oral argument.")

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 of briefs and  COA decision are below!  The actual calendars are on line at AOC - Click here.

WEDNESDAY, MARCH 16, 2011

9:00 AM - NO ORAL ARG. SCHEDULES

10:00 AM

JONES V. COMMONWEALTH OF KENTUCKY (2009-SC-221-MR)
"Murder ? guilty, but mentally ill?25 year sentence?'No duty to retreat' instruction given pursuant to KRS 503.055(3)."

Carlisle Circuit Court, Judge Timothy A. Langford
For Movant: Erin Hoffman Yang
For Respondent: Jason Bradley Moore

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 AM

ST. LUKE HOSPITAL, INC., ET AL. V. STRAUB (2009-SC-027-DG)
"Violation of State Due Process Rights. Statute of Limitations. Issue preclusion. Torts. Issues include: 1. whether KRS 446.070 creates a cause of action for a violation of state constitutional rights; 2. whether federal litigation in a §1983 action precludes state litigation; 3. whether the statute of limitations was observed; 4. whether KRS 413.270 applies; 5. whether the trial court erred by failing to answer jury questions during deliberations; 6. whether the trial court incorrectly admitted evidence of the plaintiffs prior drug and profanity use, and 7. whether the plaintiff is entitled to punitive damages."

Discretionary Review granted 8/18/2010 Campbell Circuit Court, Judge Fred A. Stine, V
For Movant: Scott M. Powers
For Respondent: Michael Jay O'Hara and Mary Suzanne Cassidy

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

THURSDAY, MARCH 17, 2011

9:00 AM - NO ORAL ARGUMENT SCHEDULED

THE DREAMERS, LLC., ET AL. V. DON'S LUMBER & HARDWARE, INC. (2010-SC-227-DG) "Materialman's Lien. Appellate Procedure. The issue is whether an appeal is properly dismissed when the defendant pays in full the amount owed under the final judgment instead of getting a supersedeas bond."

Discretionary Review granted 10/13/2010 Hardin Circuit Court, Judge Charles C. Simms
For Movant: Robert C. Bishop
For Respondent: Jerry M. Coleman and Ryan Foster Quick

Appellant's Brief

Appellee's Brief

Appellant's Reply Brief

11:00 AM

---CANCELLED---LAPOINTE, ETC., ET AL. V. HAWES (2010-SC-033-DG) "Immunity. Criminal Law. Civil Law. The issues include: 1. is a criminal trial court's finding a defendant is entitled to immunity under KRS 503.085 binding on the civil trial judge, and 2. if the appellate court decides the criminal judge was wrong, can the court reverse in the appeal of the civil case wherein the civil judge adopted the criminal judge's findings and reasonings?"

Discretionary Review granted 9/15/2010 Spencer Circuit Court, Judge Thomas McDonald
For Movant: Thomas B. Givhan, John E. Spainhour, Jr., and Michael Egan Krauser
For Respondent: Robert Kenyon Meyer and Stephen Daniel Thompson

Appellant's Brief

Appellee's Brief

Appellant Reply Brief

FRIDAY, MARCH 18, 2011 NO ORAL ARGUMENTS

Full post as published by Kentucky Cases on March 13, 2011 (boomark / email).