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Supreme Court of Kentucky to hear arguments June 11-12 in Frankfort

Wednesday, 06 04, 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 June 11-12 in Frankfort to hear oral arguments in cases that originated in Christian, Crittenden, Fayette and Jefferson 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, JUNE 11, 2014

9 AM EDT
2013-SC-291-DG
HUGHES V. COMMONWEALTH OF KENTUCKY

View Case Briefs (PDF - 64.59KB)

Summary: “Criminal Law. Second-Degree Rape-10 years. Issues include whether a defendant has the burden to prove his lack of knowledge of a victim’s incapacity to consent, the defense included in KRS 510.030.”

Discretionary Review granted 11-13-2013
Crittenden Circuit Court, Judge C. Rene Williams

Attorney for Appellant: V. Gene Lewter
Attorney for Appellee: Perry Thomas Ryan

10 AM EDT

2013-SC-002-DG
TOLER V. SUD-CHEMIE, INC., ET AL.

2013-SC-007-DG
SUD-CHEMIE, INC. V. TOLER

View Case Briefs (PDF - 64.59KB)

Summary: “Employment Law. Defamation. Qualified Privilege. Issues include whether an employee’s testimony that his co-workers’ defamatory allegations are false is sufficient to create a jury question on abuse of the qualified privilege.”

Discretionary Review granted 10-16-2013
Jefferson Circuit Court, Judge Judith E. McDonald-Burkman

Attorney for Appellant Toler: Philip Clyde Kimball
Attorneys for Appellees Sud-Chemie, Inc., Et Al.: Oliver Barrett Rutherford, James U. Smith, III and Robert Matthew Colone
Attorney for Appellant Sud-Chemie, Inc.: Oliver Barrett Rutherford and James U. Smith, III
Attorney for Appellee Toler: Philip Clyde Kimball

11 AM EDT
2011-SC-662-DG
PARKER V. COMMONWEALTH OF KENTUCKY

View Case Briefs (PDF - 64.59KB)

Summary: “Criminal Law. Evidence Law. Issues include how the decision in Davis v. U.S., 131 S.Ct. 2419 (2011) applies to a motion to suppress evidence found during a vehicle search conducted pursuant to a defendant’s arrest.”

Discretionary Review granted 11-13-2013
Jefferson Circuit Court, Judge Mary M. Shaw

Attorneys for Appellant: Bruce P. Hackett and Daniel T. Goyette
Attorney for Appellee: Dorislee J. Gilbert

THURSDAY, JUNE 12, 2014

10 AM EDT
2013-SC-111-DG
LORETTA SARGENT V. DR. WILLIAM SHAFFER, M.D.

View Case Briefs (PDF - 64.59KB)

Summary: “Evidence Law. Jury Instructions. Medical Malpractice. Informed Consent. KRS 304.40-320(2). Issue is whether a jury instruction on informed consent in a medical negligence action must contain the duty enumerated in KRS 304.40-320(2).”

Discretionary Review granted 12-11-2013
Fayette Circuit Court, Judge Pamela Goodwine

Attorney for Appellant: Joe C. Savage
Attorneys for Appellee: Bradley A. Case and Stephen Joseph Mattingly

11 AM EDT
2013-SC-210-DG
Q.M., A CHILD UNDER EIGHTEEN V. COMMONWEALTH OF KENTUCKY

View Case Briefs (PDF - 64.59KB)

Summary: “Juvenile Law. Informal Adjustment. Issues include what are the proper steps a district court must undertake when giving a juvenile an informal adjustment; and whether a juvenile is entitled to certain due process rights when a court revokes an informal adjustment?”

Discretionary Review granted 10-16-2013
Christian Circuit Court, Judge John L. Atkins

Attorney for Appellant: Renee Sara Vandenwallbake
Attorneys for Appellee: Patricia Lynn Pryor and Jeanne Deborah Anderson

Note: Justice Keller is recused.

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