News of Interest

Supreme Court of Kentucky to hear arguments Aug. 17-19 in Frankfort

The Supreme Court of Kentucky will hear oral arguments Aug. 17-19 in Frankfort. 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 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, AUG. 17, 2016
9 AM EDT
2015-SC-000021-DG
COMMONWEALTH OF KENTUCKY V. RITA MITCHELL

View case briefs

Summary: “Criminal Law. First-Degree Assault. Non-Relative Caregiver. Issues include whether a non-relative caregiver can be found guilty of first-degree assault when she allowed the disabled adult, for whom she was the primary caregiver, to live in life-threatening squalor.”

Discretionary Review granted 10-21-2015
Monroe Circuit Court, Judge Eddie C. Lovelace

Attorney for Appellant: Leilani K.M. Martin
Attorney for Appellee: Roy Alyette Durham, II

10 AM EDT
2015-SC-000256-DG
KENTUCKY OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION V. ESTILL COUNTY FISCAL COURT

View case briefs

Summary: “Administrative Law. Occupational Safety and Health. Whether KRS 338.121 provides protection against discrimination regarding employee complaints to employers absent a specific state regulation characterizing such complaints as protected activity.”

Discretionary Review granted 12-10-2015
Franklin Circuit Court, Judge Thomas D. Wingate

Attorney for Appellant: Frederick G. Huggins
Attorneys for Estill County Fiscal Court: Daniel Barry Stilz, Rodney G. Davis, Adrian M. Mendiondo, Kimberly Jean O’Donnell and Jonathan Fannin
Attorneys for Secretary of Labor, Commonwealth of Kentucky: David Nelson Shattuck and Michael Gary Swansburg, Jr.

11 AM EDT
2014-SC-000512-DG
AEP INDUSTRIES INC. V. B.G. PROPERTIES, INC. 

View case briefs

Summary: “Contracts. Specific Performance. Option to Purchase. Non-Binding Appraisal. Material Breach. The first issue is whether appeal of an order granting specific performance on an option to purchase property is moot where the party ordered to specifically perform transfers the property in exchange for payment, does not seek a stay while on appeal of the order granting specific performance, or does not post a supersedeas bond. A second issue is whether a non-binding appraisal may constitute a “material breach” of an option to purchase agreement which would suspend performance of the agreement for sale of property.”

Discretionary Review granted 6-3-2015
Warren Circuit Court, Judge Steve Alan Wilson

Attorneys for Appellant: Glenn Alan Cohen, Paul Joseph Hershberg and Jason Conti
Attorneys for Appellee: David W. Anderson and Michael Scott Vitale

THURSDAY, AUG. 18, 2016
10 AM EDT
2016-SC-000272-TG
COMMONWEALTH OF KENTUCKY, EX REL. ANDY BESHEAR, ATTORNEY GENERAL V. COMMONWEALTH OF KENTUCKY OFFICE OF THE GOVERNOR EX REL. MATTHEW BEVIN, IN HIS OFFICIAL CAPACITY AS GOVERNOR, ET AL. 

2016-SC-000273-TG
JIM WAYNE, IN HIS OFFICIAL CAPACITY AS STATE REPRESENTATIVE, ET AL. V. COMMONWEALTH OF KENTUCKY OFFICE OF THE GOVERNOR MATTHEW BEVIN, IN HIS OFFICIAL CAPACITY AS GOVERNOR, ET AL.

View case briefs

Summary: “Summary Judgment. Separation of Powers. Budgeting and Appropriations.”

Franklin Circuit Court, Judge Thomas D. Wingate

Attorneys for Commonwealth of Kentucky, Ex Rel. Andy Beshear, Attorney General: John Michael Brown, La Tasha Arnae Buckner, Mitchel Terence Denham and Joseph Newberg

Attorneys for Commonwealth of Kentucky, Ex Rel. Matthew Bevin, in his official capacity as Governor; Commonwealth of Kentucky Finance and Administration Cabinet, Ex Rel. William M. Landrum, in his official capacity as Secretary; and Commonwealth of Kentucky Office of the State Budget Director, Ex Rel. John Chilton, in his official capacity as State Budget Director: Michael T. Alexander, Mark Stephen Pitt and Stephen Chad Meredith

Attorney for Commonwealth of Kentucky Department of the Treasury, Ex Rel. Allison Ball, in her official capacity as Treasurer: Noah Robert Friend

Attorney for Jim Wayne, in his official capacity as State Representative; Darryl Owens, in his official capacity as State Representative; and Mary Lou Marzian, in her official capacity as State Representative: Pierce Butler Whites

FRIDAY, AUG. 19, 2016
9 AM EDT
2015-SC-000194-WC
FAMILY DOLLAR V. MAMIE BAYTOS, WIDOW OF STEPHEN BAYTOS, ET AL. 

2015-SC-000208-WC
MAMIE BAYTOS, WIDOW OF STEPHEN BAYTOS, DECEASED V. FAMILY DOLLAR, ET AL. 

View case briefs

Summary: “Workers’ Compensation. Widow’s right to benefits under KRS 342.750, following a full and final settlement by the injured worker prior to his death.”

Attorneys for Appellant: Lewis Paisley and Melanie Brooke Gabbard
Attorney for Appellee: Carl Edward Grayson
Attorney for Workers’ Compensation Board: Dwight Taylor Lovan

10 AM EDT
2015-SC-000679-DGE
ELMER RIEHLE V. CAROLYN RIEHLE

View case briefs

Summary: “Marital Dissolution. The issue is whether a party adjudicated incompetent may petition for dissolution of a marriage to a spouse also serving as the petitioner’s guardian and conservator.”

Discretionary Review granted 2-10-2016
Boone Circuit Court, Judge Linda Bramlage

Attorney for Appellant: Steven Joseph Megerle
Attorney for Appellee: Michael Taylor McKinney