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Supreme Court of Kentucky to hear arguments April 17-18 in Frankfort

Thursday, 04 04, 2013

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

FRANKFORT, Ky. -- The Supreme Court of Kentucky will convene Wednesday and Thursday, April 17-18, in Frankfort to hear oral arguments in cases that originated in Boone, Crittenden, Franklin, Knott and Pulaski counties. Proceedings are open to the public and will take place at 9, 10 and 11 a.m. EDT both days in the Supreme Court Courtroom 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 17, 2013

9 AM            
2012-SC-197-DG
LOUISVILLE SOCCER ALLIANCE, INC., ET AL. V. BESHEAR, ETC., ET AL.

Appellant Brief
Appellee Brief
Appellant Reply Brief

Summary: “State Constitutional Law. KY CONST. §§ 51 and 180. Issues involve the propriety of the 2008 budget bill transfer to the General Fund of excess Charitable Gaming license fees.”

Discretionary Review granted 10-17-2012
Franklin Circuit Court, Judge Phillip J. Shepherd

Attorneys for Appellants: Thomas James Banaszynski and Oliver H. Barber, Jr.
Attorneys for Appellees: Mark Stephen Pitt and Christopher Wilson Brooker

10 AM            
2012-SC-071-DG
KLEIN, ET AL. V. FLANERY, ETC., ET AL.

Appellant Brief
Appellee Brief
Appellant Reply Brief

Summary: “State Constitutional Law. Taxation. Issues include the application of Armstrong v. Collins, 709 S.W.2d 437 (Ky. 1986) and Beshear v. Haydon Bridge Co., Inc., 304 S.W.3d 682 (Ky. 2010), and the extent to which funds collected by the Commonwealth as license fees may be applied to the General Fund.”

Discretionary Review granted 10-17-2012
Franklin Circuit Court, Judge Thomas D. Wingate

Attorneys for Appellants: Mark David Guilfoyle and H. Edward O’Daniel, Jr.
Attorneys for Appellees: Mark Stephen Pitt and Christopher Wilson Brooker

11 AM            
2012-SC-034-DG
SMITH V. COMMONWEALTH OF KENTUCKY

Appellant Brief
Appellee Brief
Appellant Reply Brief

Summary: “Criminal Law. Sentencing. Pretrial Diversion. Reclassification of Crimes. What is the impact upon sentencing subsequent to an order voiding participation in
pretrial diversion when, during that unsuccessful endeavor, the underlying crime has been reclassified from Class D felony to Class A misdemeanor?”

Discretionary Review granted 8-15-2012
Crittenden Circuit Court, Judge C. Rene Williams

Attorney for Appellant: Julia Karol Pearson
Attorney for Appellee: Gregory C. Fuchs

THURSDAY, APRIL 18, 2013

9 AM            
2011-SC-550-DG
GARCIA, ETC. V. WHITAKER

Appellant Brief
Appellee Brief

Summary: “Abuse of Process. KRS 376.270. Issues include whether a claim for abuse of process was properly dismissed, and whether such a claim can defeat the mechanics’ lien created by KRS 376.270.”

Discretionary Review granted 5-16-2012
Pulaski Circuit Court, Judge Jeffrey Thomas Burdette

Attorneys for Appellant: David Ora Smith and Marcia A. Smith
Attorney for Appellee: Nicholas C. A. Vaughn

Note: Rescheduled from February 13, 2013

10 AM            
2012-SC-116-DG
R.S., A CHILD UNDER EIGHTEEN V. COMMONWEALTH OF KENTUCKY

Appellant Brief
Appellee Brief
Appellant Reply Brief

Summary: “Juvenile. Complicity to criminal mischief in the second degree. Restitution.”

Discretionary Review granted 11-14-2012
Boone Circuit Court, Judge James Roger Schrand II

Attorney for Appellant: Jonathan Lee Wampler
Attorney for Appellee: Marcia Lee Thomas

11 AM            
2012-SC-139-DG
KNOTT COUNTY BOARD OF EDUCATION, ET AL. V. PATTON

Appellant Brief
Appellee Brief
Appellant Reply Brief

Summary: “School Law. Wrongful Discharge. Individual Immunity. Issues, including the scope of individual immunity for site-based decision-making council and school board members, involve the propriety of the “suspension” of the employment of a high school French teacher after allegedly improper curriculum modification.”

Discretionary Review granted 10-17-2012
Knott Circuit Court, Judge Johnny Ray Harris

Attorneys for Appellants: Michael J. Schmitt and Jonathan C. Shaw
Attorney for Appellee: Adam Peter Collins

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