KENTUCKY SUPREME COURT ANNOUNCES ORAL ARGUMENTS FOR APRIL 18-19

Supreme Court of Kentucky

 

State Capitol

 

700 Capitol Avenue

 

Frankfort, Kentucky 40601

 

www.courts.ky.gov

 

 

 

Contact: Susan Stokley Clary, Supreme Court Clerk

 

502-564-5444, susanc@kycourts.net

 

 

 

For Immediate Release

 

 

 

Supreme Court of Kentucky to hear arguments April 18-20 in Frankfort

 

Proceedings are open to the public

 

 

 

FRANKFORT, Ky., April 3, 2012 – The Supreme Court of Kentucky will convene Wednesday-Friday, April 18-20, in Frankfort to hear oral arguments in cases that originated in Allen, Fayette and Jefferson counties. The court will also hear Harlan Circuit Court Judge Russell D. Alred’s challenge to the Judicial Conduct Commission’s order that he be removed from the bench for judicial misconduct. Proceedings are open to the public and will take place at 10 a.m. EDT April 18 and at 9, 10 and 11 a.m. EDT April 19-20 in the Supreme Court Courtroom. The courtroom is located on the second floor of the state Capitol at 700 Capitol Ave.

 

 

 

The public may also observe oral arguments via the Supreme Court live stream on the Kentucky Court of Justice website. Oral arguments are available online as they occur in real time and are not available as archives.

 

 

 

The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices (bios) sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.

 

 

 

 

 

WEDNESDAY, APRIL 18, 2012

 

 

 

10 AM

 

 

 

2011-SC-658-DGE

 

JEFFERSON COUNTY BOARD OF EDUCATION, ET AL. V. FELL, ETC., ET AL.

 

 

 

Summary: “KRS 159.070. Challenge to Jefferson County Public School’s student assignment plan.”

 

 

 

Discretionary Review granted 11-30-2011

 

Jefferson Circuit Court, Judge Irvin G. Maze

 

 

 

Attorneys For Movants: Byron Edward Leet, Lisa Catherine Dejaco and Anne Reed Maclean

 

Attorneys For Respondents: Teddy Bernard Gordon, James Bruce Miller, Norma Carter Osborne Miller and Sheila P. Hiestrand

 

 

 

 

 

THURSDAY, APRIL 19, 2012

 

 

 

9 AM

 

 

 

2010-SC-818-DG

 

NORTON HOSPITALS, INC., ETC. V. PEYTON

 

 

 

2010-SC-819-DG

 

NEONATAL INTENSIVE CARE EXPERTS II, PLLC, ET AL. V. PEYTON

 

 

 

Summary: “Statutory Immunity. Negligence. The primary issue is whether a hospital and its employees have statutory immunity under KRS 620.030 and 620.050 where a mother’s blood alcohol level may have been misreported to Child Protective Services.”

 

 

 

Discretionary Review granted 8-17-2011

 

Jefferson Circuit Court, Judge Susan Lynn Schultz

 

 

 

Attorneys for Movant Norton Hospitals: William P. Swain, Joseph M. Effinger and Patricia Colleen Le Meur

 

Attorneys for Movant Neonatal Intensive Care: Beth Hendrickson McMasters and Sara Clark Davis

 

Attorney for Respondent Peyton: Jeremy Jon Nelson

 

 

 

10 AM

 

 

 

2010-SC-415-DG

 

GUZMAN V. COMMONWEALTH OF KENTUCKY

 

 

 

Summary: “Search and Seizure. Issue is the breadth of the ‘protective sweep’ exception to the search warrant requirement.”

 

 

 

Discretionary Review granted 6-8-2011

 

Fayette Circuit Court, Judge Pamela Goodwine

 

 

 

Attorney For Movant: Erin Hoffman Yang

 

Attorney For Respondent: John Paul Varo

 

 

 

11 AM

 

 

 

2011-SC-558-RR

 

RUSSELL D. ALRED, CIRCUIT JUDGE OF THE 26TH JUDICIAL CIRCUIT V. COMMONWEALTH OF KENTUCKY JUDICIAL CONDUCT COMMISSION

 

 

 

Summary: “Judicial Discipline – Removal from office.”

 

 

 

Attorney For Movant: Marcus Stephen Carey

 

Attorneys For Respondent: Jeffrey C. Mando, George F. Rabe, Scott Dennison Majors and Louis Kelly

 

 

 

 

 

FRIDAY, APRIL 20, 2012

 

 

 

9 AM

 

 

 

2011-SC-264-DG

 

WRIGHT V. HOUSE OF IMPORTS, INC., ETC.

 

 

 

Summary: “Premises Liability. Expert Testimony. Unpreserved issue on appeal.”

 

 

 

Discretionary Review granted 9-15-2011

 

Jefferson Circuit Court, Judge Mary M. Shaw

 

 

 

Attorneys For Movant: Kevin Crosby Burke and Damon Blake Willis

 

Attorney For Respondent: Joseph D. Raine Jr.

 

 

 

10 AM

 

 

 

2010-SC-426-DG

 

ABEL, ET AL., V. AUSTIN, ET AL.

 

 

 

Summary: “Legal Malpractice. Statute of Limitations. Choice of Laws. Summary Judgment. This case involves alleged malpractice by attorneys involved in Fen-Phen litigation. The issues include whether the Alabama or Kentucky statute of limitations applies, whether the claims are legal malpractice or fraud and whether the trial court properly granted summary judgment against all plaintiffs.”

 

 

 

Discretionary Review granted 10-19-2011

 

Fayette Circuit Court, Judge Pamela Goodwine

 

 

 

Attorneys For Movants: William C. Rambicure, Angela Margaret Ford and Trevor Wayne Wells

 

Attorneys For Respondent: Perry Mack Bentley, Lucy Anne Pett, Carl Norman Frazier, Melissa Subit, Matthew John Bakota, Jeffrey R. Teeters and David Clyde Trimble

 

 

 

11 AM

 

 

 

2010-SC-678-DG

 

SAWYERS, ET AL. V. BELLER, ET AL.

 

 

 

Summary: “Restrictions on the use and maintenance of an easement.”

 

 

 

Discretionary Review granted 10-20-2011

 

Allen Circuit Court, Judge Janet Crocker

 

 

 

Attorney For Movants: James T. Kelley

 

Attorney For Respondents: Steven Owen Thornton

 

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