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Supreme Court of Kentucky to hear arguments Nov. 14-15 in Frankfort

Thursday, 11 01, 2012

Susan Stokley Clary
Supreme Court Clerk
502-564-5444
susanc@kycourts.net@kycourts.net
http://courts.ky.gov

Supreme Court Justices
The seven justices of the Supreme Court of Kentucky are (back row, from left) Justice Will T. Scott, Justice Wil Schroder, Deputy Chief Justice Mary C. Noble, Justice Bill Cunningham, (front row, from left) Justice Lisabeth Hughes Abramson, Chief Justice John D. Minton Jr. and Justice Daniel J. Venters.
Photo credit: Kentucky Office of Creative Services

FRANKFORT, Ky. -- The Supreme Court of Kentucky will convene Wednesday and Thursday, Nov. 14-15, in Frankfort to hear oral arguments in cases that originated in Boone, Fayette, Floyd, Madison, Marion and Robertson counties. Proceedings are open to the public and will take place in the Supreme Court Courtroom on the second floor of the state Capitol at 700 Capitol Ave. The court will hear cases at 9, 10 and 11 a.m. EST each day.

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, NOV. 14, 2012

9 AM
2011-SC-283-DG    
FRAZIER V. COMMONWEALTH OF KENTUCKY

Summary: “Criminal Law. Search and Seizure. Issues include the proper scope and application of Terry v. Ohio and Arizona v. Gant.”

BRIEFS (PDF - 68.05KB)

Discretionary Review granted 11-16-2011
Boone Circuit Court, Judge Anthony Frohlich

Attorney for Appellant: Thomas More Ransdell
Attorney for Appellee: Kenneth Wayne Riggs

10 AM            
2011-SC-325-DG
BARNES V. COMMONWEALTH OF KENTUCKY

Summary: “Criminal Law. Evidence. Issues include whether the admission of an eyewitness identification and evidence concerning a partial fingerprint denied the defendant due process.”

BRIEFS (PDF - 68.05KB) 

Discretionary Review granted 2-15-2012
Fayette Circuit Court, Judge Kimberly N. Bunnell

Attorney for Appellant: V. Gene Lewter
Attorney for Appellee: David Bryan Abner

11 AM                      
2011-SC-468-DG
CITY OF LEBANON, KENTUCKY V. GOODIN, ETC., ET AL.

Summary: “ Municipal Corporations. Annexation. Issues involve application of the KRS 81A.410 contiguity mandate.”

BRIEFS (PDF - 68.05KB)

Discretionary Review granted 4-18-2012
Marion Circuit Court, Judge Allan Ray Bertram

Attorneys for Appellant: David A. Pike, F. Keith Brown and Kandice D. Engle-Gray
Attorneys for Appellees: James L. Avritt Sr. and Theodore H. Lavit

THURSDAY, NOV. 15, 2012

9 AM
2011-SC-612-DG
WHITLEY, ET AL. V. ROBERTSON COUNTY, ET AL.

Summary: “County Roads. KRS Ch. 178. Issues include the authority of Circuit Courts to determine whether county roads were legally established and the correct procedure to make that determination.”

BRIEFS (PDF - 68.05KB) 

Discretionary Review granted 5-16-2012
Robertson Circuit Court, Judge Robert McGinnis

Attorney for Appellants: James Stuart Thomas
Attorneys for Appellees: Jesse Phillips Melcher, Sannie Louise Overly and Shannon Maureen Johnson

10 AM                      
2011-SC-615-DG
STINSON V. COMMONWEALTH OF KENTUCKY

Summary: “Criminal Law. Sexual Abuse I. Issues include whether lack of consent is an element of the crime defined in KRS 510.110(1)(d) as including (effective July 15, 2008) sexual contact by a person in a position of authority or special trust with a minor less than 18 years old.”

BRIEFS (PDF - 68.05KB) 

Discretionary Review granted 5-16-2012
Madison Circuit Court, Judge Jean Chenault Logue

Attorneys for Appellant: Matthew Ryan Malone and Jacob Kenneth Michul
Attorney for Appellee: Heather Michelle Fryman

11 AM                      
2011-SC-145-DG
WEBB, ETC., ET AL. V. MEYER

2012-SC-113-DG
(CROSS-MOTION) MEYER V. WEBB, ETC., ET AL.

Summary: “Employment Law. State Employees. The issue involves the definition of a ‘reduction in force’ as used in KRS 161.011(8) and what, if any, damages to which the employee may be entitled.”

BRIEFS (PDF - 68.05KB) 

Discretionary Review granted 2-15-2012 and 4-18-2012
Floyd Circuit Court, Judge Danny P. Caudill

Attorneys for Appellants/Cross-Appellees: Michael J. Schmitt and Jonathan C. Shaw
Attorneys for Appellee/Cross-Appellant: James Follace Fields II and Carrie Celia Mullins

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