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Supreme Court of Kentucky to hear arguments April 9-10 in Frankfort

Wednesday, 04 02, 2014

Susan Stokley Clary
Supreme Court Clerk
502-564-5444
susanc@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 Daniel J. Venters, 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 Michelle M. Keller.
Photo credit: Kentucky Office of Creative Services

FRANKFORT, Ky. -- The Supreme Court of Kentucky will convene April 9-10 in Frankfort to hear oral arguments in cases that originated in Bullitt, Jefferson, McCracken, Perry and Pulaski 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. in Frankfort.

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 9, 2014

9 AM EDT
2012-SC-771-DG
COMMONWEALTH OF KENTUCKY V. BEDWAY

View Case Briefs (PDF - 63.05KB)

Summary: “Criminal Law. DUI. KRS 189A.105(3). Issues include the scope of the right to counsel created by KRS 189A.105(3) and whether or not denial of the statutory right requires the exclusion of subsequently obtained evidence.”

Discretionary Review granted 8-21-2013
Jefferson Circuit Court, Judge Charles Louis Cunningham, Jr.

Attorneys for Appellant: Michael J. O'Connell and David A. Sexton

Attorney for Appellee: Paul S. Gold

10 AM EDT
2012-SC-687-DG
DIXON, ET AL. V. DAYMAR COLLEGES GROUP, LLC, ET AL.

View Case Briefs (PDF - 63.05KB)

Summary: “Arbitration. Contract Law. Unconscionability. Issues include whether cost-prohibitiveness of arbitration can render an agreement to arbitrate unconscionable and unenforceable.”

Discretionary Review granted 8-21-2013
McCracken Circuit Court, Judge Timothy Jon Kaltenbach

Attorneys for Appellants: Mark P. Bryant, Kenneth L. Sales, Emily M. W. Roark, Leslie Metcalf Cronen, David G. Bryant, and Ben Elliott Stewart

Attorneys for Appellees: Robert Kenyon Meyer, Stephen Joseph Mattingly, and Caroline Lynch Pieroni

11 AM EDT
2012-SC-750-DG
CANIFF V. CSX TRANSPORTATION, INC.

View Case Briefs (PDF - 63.05KB)

Summary: “Negligence. FELA. Expert Testimony. Issues include whether plaintiff’s failure to present expert testimony regarding railroad practices was fatal to his FELA claim.”

Discretionary Review granted 8-21-2013
Perry Circuit Court, Judge William Engle III

Attorneys for Appellant: Alva A. Hollon, Jr., and Thomas Ira Eckert

Attorneys for Appellee: Linsey Walker West, Kara MacCartie Stewart, Michael B. Kimberly, and Dan Himmelfarb

THURSDAY, APRIL 10, 2014

9 AM EDT
2013-SC-004-DG
COMMONWEALTH OF KENTUCKY V. ANDREWS

View Case Briefs (PDF - 63.05KB)

Summary: “Criminal Law. Probation Revocation. Public Safety and Offender Accountability Act (HB 463). KRS 439.3106. Issues include whether the trial court must find that the elements of KRS 439.3106 are met before revoking a defendant’s probation.”

Discretionary Review granted 9-18-2013
Pulaski Circuit Court, Judge David A. Tapp

Attorney for Appellant: Courtney J. Hightower

Attorney for Appellee: Shannon Renee Dupree

10 AM EDT
2013-SC-023-DG
BULLITT FISCAL COURT, ETC., ET AL. V. BULLITT COUNTY BOARD OF HEALTH

View Case Briefs (PDF - 63.05KB)

Summary: “Administrative Law. Constitutional Law. Separation of Powers. Statutory Interpretation. KRS § 212.230(1)(c). Issues include whether a county board of health has the authority to impose a county-wide ban on tobacco smoking without prior legislative action by a fiscal court or municipality, whether KRS § 212.230(1)(c) and Commonwealth v. Do, Inc., 674 S.W.2d 519 (Ky. 1984) abolished legislative limits on the actions of boards of health and whether that statute violates the Kentucky Constitution.”

Discretionary Review granted 10-16-2013
Bullitt Circuit Court, Judge Rodney D. Burress

Attorneys for Appellants: John E. Spainhour, Jr., Monica Meredith Robinson, Tammy Renee Baker, Joseph Wantland, Norman Richard Lemme, Matthew R. Lemme, and Mark Edward Edison

Attorneys for Appellee: Margaret Ann Miller and Jason Trent Ams

Note: Justice Keller is recused

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