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Supreme Court of Kentucky to hear arguments June 12-14 in Frankfort

Monday, 06 10, 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-Friday, June 12-14, in Frankfort to hear oral arguments in cases that originated in Anderson, Christian, Crittenden, Fayette, Franklin, Hardin, Jefferson, Jessamine and Shelby counties. Proceedings are open to the public and will take place at 9, 10 and 11 a.m. EDT each day 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, JUNE 12, 2013

9 AM            
2012-SC-111-DG
VEGA V. COMMONWEALTH OF KENTUCKY

Appellant's Brief
Appellee's Brief

Summary: “Criminal Law. Concealed Weapon. Issues include whether a gun in a vehicle is considered concealed when partially obscured by an item.”

Discretionary Review granted 11-14-2012
Fayette Circuit Court, Judge Pamela Goodwine

Attorney for Appellant: Amy Rebecca Duncliffe
Attorneys for Appellee: Larry S. Roberts and Carlos Aundra Ross                    

Note: Justice Keller is recused.

10 AM            
2012-SC-123-DG
COMMONWEALTH OF KENTUCKY V. BUCALO

Appellant's Brief
Appellee's Brief

Summary: “Criminal Law. Search and Seizure. Issues include whether probable cause existed to delay a traffic stop for a drug sniffing canine unit to arrive.”

Discretionary Review granted 10-17-2012
Hardin Circuit Court, Judge Ken Howard

Attorney for Appellant: Todd Dryden Ferguson
Attorney for Appellee: Erin Hoffman Yang

11 AM      
2012-SC-165-DG
CURD V. KENTUCKY STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS

2012-SC-169-DG
KENTUCKY STATE BOARD OF LICENSURE FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS V. CURD

2012-SC-165-DG
Appellant's Brief
Appellee's Brief
Appellant's Reply Brief

2012-SC-169-DG
Appellant's Brief
Appellee's Brief
Appellant's Reply Brief

Summary: “Administrative Law. Professional Discipline. KRS 322.180. Issues include whether the statutes and regulations, under which a land surveyor’s license was suspended for six months, are unconstitutionally void for vagueness as applied to the alleged intentional attempt to mislead a court in expert testimony.”

Discretionary Review granted 12-12-2012
Franklin Circuit Court, Judge Thomas D. Wingate

Attorney for Curd: Robert V. Bullock
Attorney for Ky. State Board of Licensure: Jonathan Buckley

THURSDAY, JUNE 13, 2013

9 AM
2011-SC-159-DG
COMMONWEALTH OF KENTUCKY V. HAWKINS

2012-SC-187-DG
(CROSS-MOTION) HAWKINS V. COMMONWEALTH OF KENTUCKY

Appellant's Brief
Appellee/Cross-Appellant’s Brief
Appellant Reply/Cross-Appellee’s Brief
Appellee's Brief

Summary: “Criminal Law. Search and Seizure. Emergency Aid Exception. Issues include the breadth of the “emergency aid” exception to the search warrant requirement.”

Discretionary Review granted 3-14-2012 and 5-16-2012
Anderson Circuit Court, Judge Charles R. Hickman

Attorney for Appellant/Cross Appellee: John Paul Varo
Attorney for Appellee/Cross Appellant: Brandon Neil Jewell

Note: Justice Keller is recused.

10 AM
2012-SC-290-DG
KENTUCKY NEW ERA, INC. V. CITY OF HOPKINSVILLE, KENTUCKY

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief

Summary: “Open Records. KRS 61.878(1) Exemptions. Issues involve the scope of multiple open records exemptions as applied to a media request for city police department arrest citations and reports over an eight-month period for stalking, terroristic threatening, harassment and harassing communications.”

Discretionary Review granted 12-12-2012
Christian Circuit Court, Judge Andrew C. Self

Attorneys for Appellant: Jon L. Fleischaker and Jeremy Stuart Rogers
Attorneys for Appellee: Howard Douglas Willen and John Foster Cotthoff

11 AM
2012-SC-317-DG
NICHOLS V. ZURICH AMERICAN INSURANCE COMPANY

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief

Summary: “Automobile Insurance. Contract law. Mutual Mistake. Issues include whether the equitable defense of mutual mistake was properly asserted to void underinsured motorist coverage.”

Discretionary Review granted 12-12-2012
Jefferson Circuit Court, Judge Irvin G. Maze

Attorneys for Appellant: Kevin Crosby Burke and Udell Barry Levy
Attorneys for Appellee: Robert E. Stopher and Robert Dmitri Bobrow

FRIDAY, JUNE 14, 2013

9 AM
2012-SC-318-DG
MIAMI MANAGEMENT COMPANY, INC., ET AL. V. ELGAN BRUNER, ET AL.

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief
Amicus Curiae Brief

Summary: “Torts. Open and Obvious Doctrine. The issue in this case, arising out of a fall in a restaurant parking lot which had been plowed and salted after a winter storm, involves the applicability of Kentucky River Medical Center v. McIntosh, 319 S.W.3d 385 (Ky. 2010).”

Discretionary Review granted 12-12-2012
Jessamine Circuit Court, Judge C. Hunter Daugherty

Attorneys for Appellants: John William Walters, Melissa Thompson, Kellie Marie Collins, and Matthew Warren Barszca
Attorneys for Appellees: Ronald Scott Wilder and Christopher F. Douglas

Note: Justice Keller is recused.

10 AM
2012-SC-267-DG      
DEAN V. COMMONWEALTH BANK & TRUST COMPANY

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief
Amicus Curiae Brief

Summary: “Uniform Commercial Code. KRS 355.4-111; KRS 355.4-405; KRS 355.4-406. Issues include whether the statute of limitations in KRS 355.4-111 or the provisions of KRS 355.4-406 bar the plaintiff's UCC and common-law fraud, breach of contract, breach of duty and negligence claims.”

Discretionary Review granted 12-12-2012
Shelby Circuit Court, Judge Charles R. Hickman

Attorneys for Appellant: Laurence John Zielke, Nancy Jane Schook, and Karen Denise Campion
Attorneys for Appellee: John T. McGarvey, Eric Michael Jensen, and Bradley Scott Salyer

Appellant's Brief
Appellee's Brief
Appellant's Reply Brief

Summary: “Family Law. Domestic Violence. KRS 403.725 and 403.720. Issues include whether or not the family court had jurisdiction to enter an Emergency Protective Order based upon faulty or incomplete information in the petition and whether or not the petition sufficiently established the existence of an immediate and present danger of domestic violence.”

Discretionary Review granted 2-13-2013
Crittenden Circuit Court, Judge William E. Mitchell

Attorney for Appellant: Kathleen Kallaher Schmidt
Attorney for Appellee: Mary Elizabeth Rohrer

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