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Supreme Court of Kentucky to hear arguments Feb. 13-14 in Frankfort

Tuesday, 01 14, 2014

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 Feb. 13-14 in Frankfort to hear oral arguments in cases that originated in Breckinridge, Bullitt, Fayette, Nicholas and Warren counties, and a worker’s compensation case. 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.

THURSDAY, FEB. 13, 2014

9 AM EST
2012-SC-550-DG
COMMONWEALTH OF KENTUCKY V. TERRELL

View Case Briefs (PDF - 65.18KB)

Summary: “Criminal Law. Criminal Procedure. RCr 2.14. Sixth Amendment to the United States Constitution. West v. Commonwealth, 887 S.W.2d 338 (Ky. 1994). Issues include whether RCr 2.14 conflicts with the Sixth Amendment, the continued vitality of West v. Commonwealth and the proper interpretation and application of RCr 2.14(2).”

Discretionary Review granted 4-17-2013
Nicholas Circuit Court, Judge Jay Delaney

Attorney for Appellant: Heather Michelle Fryman
Attorney for Appellee: Katie L. Benward


10 AM EST
2011-SC-774-MR
ST. CLAIR V. COMMONWEALTH OF KENTUCKY

View Case Briefs (PDF - 65.18KB)

Summary: “Death Penalty”
Bullitt Circuit Court, Judge Geoffrey P. Morris

Attorneys for Appellant: Susan Jackson Balliet, Samuel N. Potter and Robert Chung-Hua Yang
Attorneys for Appellee: William Robert Long, Jr.


11 AM EST
2012-SC-707-DG
BRANHAM, ETC. V. ROCK, M.D., ET AL.

View Case Briefs (PDF - 65.18KB)

Summary: “Negligence. Medical Malpractice. Jury Instructions. Issues include the proper jury instructions in a case where the doctors’ failure to diagnose the patient’s injuries lead to the patient’s death.”

Discretionary Review granted 6-12-2013
Fayette Circuit Court, Judge Pamela Goodwine

Attorneys for Appellant: Stephen M. O'Brien III and Cory Michael Erdmann
Attorneys for Appellees: William Thro, Bradley A. Case, and Stephen Joseph Mattingly


FRIDAY, FEB. 14, 2014

9 AM EST
2012-SC-008-WC
KENTUCKY UNINSURED EMPLOYERS' FUND V. HOSKINS, ET AL.

View Case Briefs (PDF - 65.18KB)

Summary: “Workers’ Compensation. Employee Leasing. Discovery Sanctions."

Attorney for Appellant: Dennis Stutsman
Attorneys for Appellees: Alan Steven Rubin, Barry Lewis, and Terrance J. Janes


10 AM EST
2012-SC-829-DG
FRASER, M.D. V. MILLER

View Case Briefs (PDF - 65.18KB)

Summary: “Negligence. Medical Malpractice. Informed Consent. Expert Testimony. Issues include: (1) whether an informed consent claim may arise from a doctor’s failure to advise a patient of the potential risks of a therapeutic medication; and (2) under what circumstances is the plaintiff required to present expert testimony regarding the need for informed consent.”

Discretionary Review granted 9-18-2013
Warren Circuit Court, Judge Steve Alan Wilson

Attorneys for Appellant: John D. Cole, Frank Hampton Moore, Jr., and Matthew Porter Cook
Attorney for Appellee: Brian Lee Schuette


11 AM EST
2012-SC-716-DG
KIRCHEIMER, ET AL. V. CARRIER, ET AL.

View Case Briefs (PDF - 65.18KB)

Summary: “Real Property. Dedication by Estoppel Involving Plat. Evidence. Issues include whether a road or street is dedicated by estoppel as a public roadway where there is no notation on the subdivision plat or deed of restrictions indicating that the road is private, or whether the court may consider other evidence including testimony regarding the intention of the subdivision dedicators.”

Discretionary Review granted 8-21-2013
Breckinridge Circuit Court, Judge Robert A. Miller

Attorneys for Appellants: Donald Wesley Cottrell and Kenneth Clay Ratley
Attorneys for Appellees: John E. Spainhour, Jr. and Rachel Tomara Caudel

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