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Supreme Court of Kentucky to hear arguments in Frankfort and Louisville this month

Friday, 09 13, 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, Sept. 18, in Frankfort and Thursday, Sept. 19, at the Louis D. Brandeis School of Law at the University of Louisville. The justices will hear oral arguments in cases that originated in Bullitt, Fayette and Madison counties when they meet in Frankfort. The law school arguments will include a Franklin County case and a lawyer’s ethics issue. Proceedings are open to the public.

Proceedings will take place in the Supreme Court Courtroom on the second floor of the state Capitol at 700 Capitol Ave. in Frankfort and in the Allen Courtroom at the law school. The justices will travel to Louisville to hear oral arguments in a continuing effort to increase public understanding and awareness of the court’s function and of the legal matters that come before it.

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, SEPT. 18, 2013
FRANKFORT

9 AM

2012-SC-376-DG
WHITCOMB V. COMMONWEALTH OF KENTUCKY

Briefs

Summary: “Criminal Law. Probation and Parole. KRS 533.020. Conrad v. Evridge, 314 S.W. 3d 313 (Ky. 2010). Issues include whether Conrad v. Evridge precludes revocation of probation where the probationary period expired before an outstanding warrant for violating provisions of probation was served.”

Discretionary Review granted 2-13-2013
Fayette Circuit Court, Judge James D. Ishmael, Jr.

Attorney for Appellant: Samuel N. Potter
Attorneys for Appellee: Gary Todd Bradbury and Andrea Leigh Mattingly

10 AM
 
2012-SC-591-DG
CRABTREE V. COMMONWEALTH OF KENTUCKY

Briefs

Summary: “Criminal Law. Possession of Matter Portraying Sexual Performance by a Minor. Issues involve arguments for a “temporary innocent possession” instruction and addressing lack of knowledge of a hidden thumbcache on defendant’s computer.”

Discretionary Review granted 4-17-2013
Madison Circuit Court, Judge William G. Clouse, Jr.

Attorneys for Appellant: Fred E. Peters and Rhey Denniston Mills
Attorneys for Appellee: James Hays Lawson and David Bryan Abner

11 AM

2012-SC-563-DG
RUMPEL V. RUMPEL, ETC., ET AL.

Briefs

Summary: “Family Law. Divorce and Dissolution. Property Division. CR 37.03. KRS 403.220. Issues include the interplay of CR 37.03, which provides for attorney’s fees as a sanction for hindering discovery, and KRS 403.220, which permits awards of attorney’s fees in dissolution of marriage cases when there is a disparity in the parties’ incomes.”

Discretionary Review granted 4-17-2013
Bullitt Circuit Court, Judge Rodney D. Burress

Attorneys for Appellant: William Dennis Sims and James Gregory Troutman
Attorneys for Appellees: Eric Griffin Farris, Lee Remington Williams and Kimberly M. Maraman
    

THURSDAY, SEPT. 19, 2013
LOUIS D. BRANDEIS SCHOOL OF LAW, LOUISVILLE

10:30 AM

2012-SC-249-DG
DELPHI AUTOMOTIVE SYSTEMS, LLC V. CAPITAL COMMUNITY ECONOMIC / INDUSTRIAL DEVELOPMENT CORPORATION, INC.

Briefs

Summary: “Secured Transactions. KRS 355.9-109. Issues include whether a governmental entity which entered into a secured transaction with a private business is exempt from the filing requirements of Article 9 or the UCC, via KRS 355.9-109(4)(q).”

Discretionary Review granted 2-13-2013
Franklin Circuit Court, Judge Thomas D. Wingate

Attorneys for Appellant: Virginia Hamilton Snell and Daniel Ernest Hitchcock
Attorneys for Appellee: Robert W. Kellerman and Sarah Jackson Bishop

Note: Justice Keller is recused.

11:45 AM

2013-SC-270-KB
UNITED STATES OF AMERICA, BY AND THROUGH THE UNITED STATES ATTORNEYS FOR THE EASTERN AND WESTERN DISTRICTS OF KENTUCKY V. KENTUCKY BAR ASSOCIATION

Briefs

Summary: “Is it unethical for a criminal defense attorney to advise a client about a plea agreement that requires the defendant to waive ineffective assistance of counsel claims and is it unethical for a prosecutor to make such an offer.”

Attorneys for Movant: Kerry Brent Harvey and David Jason Hale
Attorney for Appellee: Thomas H. Glover, John D. Meyers and Brian Scott West

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