ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: June 3, 2010

WEDNESDAY, AUGUST 18, 2010

9:00 a.m. FISCHER, ET AL. V. FISCHER, SUCCESSOR EXECUTOR OF THE ESTATE OF JOHN FISCHER (2009-SC-245-DG)
"Preservation. Contract Law. Issues include whether Court of Appeals' reversal of jury verdict was appropriate where the grounds for reversal were not raised in the trial court."
Discretionary Review granted 10/21/2009
Jefferson Circuit Court, Judge Geoffrey P. Morris
For Movants: Thomas V. Haile
For Respondent: James C. Nicholson

10:00 a.m. TERRY V. COMMONWEALTH OF KENTUCKY (2009-SC-497-DG)
"Criminal Law. Discovery. Strikes for Cause. The issues include 1. whether a defendant must give notice per RCr. 7.24(3)(B)(i) of his intent to introduce expert testimony concerning false confessions and 2. whether the trial court erred by failing to excuse for cause a juror who said he would "lean toward law enforcement" but "bend over backwards to be fair?"
Discretionary Review granted 10/21/2009
Jefferson Circuit Court, Judge Frederic J. Cowan
For Movant: Bruce P. Hackett and Cicely Jaracz Lambert
For Respondent: Bryan Darwin Morrow

11:00 a.m. KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY V. SHELTER MUTUAL INSURANCE COMPANY (2008-SC-781-DG)
"Automobile Insurance. Liability Coverage. Excess Insurance. Issues include the proper apportionment of loss between two insurers whose liability policies cover the same damages arising from an automobile accident, where one company insures the negligent guest driver of the vehicle and the other company insures the owner, and where both policies contain 'excess insurance' clauses."
Discretionary Review granted 10/21/2009
Montgomery Circuit Court, Judge William B. Mains
For Movant: Grover Carrington and Farrah Williams Ingram
For Respondent: James Wendell Taylor and Amanda Pope Thompson

THURSDAY, AUGUST 19, 2010

9:00 a.m. DEPARTMENT OF REVENUE, ETC., ET AL. V. WYRICK (2008-SC-468-DG) AND (CROSS-MOTION) WYRICK V. DEPARTMENT OF REVENUE, ETC.,
ET AL. (2009-SC-543-DG)
"Open Records Act. Issues include whether the Party Litigation Limitation to the Open Records Act prohibits discovery of certain documents."
Discretionary Review granted 8/19/2009 and 10/21/2009
Franklin Circuit Court, Judge Samuel G. McNamara
For Movants: C. Christopher Trower and Laura Marie Ferguson
For Respondents: Deborah H. Patterson, Rania Marie Basha, Sara Christine Veeneman, and Laurel K. Cornell

10:00 a.m. COMMONWEALTH OF KENTUCKY V. PRATER (2009-SC-352-DG)
"Criminal Law. Reckless Homicide. Evidence. Impeachment on Collateral Facts. Preservation of Error. Where defendant testified that drugs in her system at time of fatal auto accident were taken as aftercare following nasal surgery, issues include whether Commonwealth was properly permitted to later introduce medical records showing that surgery occurred after the accident; and whether defense objection to Commonwealth's evidence on grounds of relevancy was inadequate to preserve assignment of error on grounds of improper impeachment on collateral facts."
Discretionary Review granted 11/18/2009
Breathitt Circuit Court, Judge Frank A. Fletcher
For Movant: Heather Michelle Fryman
For Respondent: F. J. Anderson and Barbara Anderson

11:00 a.m. STEPHENS V. JUDGE LISA O. BUSHELMAN, ET AL. (2010-SC-045-MR)
"Family Court. Subject matter jurisdiction to determine paternity custody and parenting time of a minor child."
Kenton Circuit Court, Judge Lisa O. Bushelman
For Appellant: Rober Matthew Moore
For Appellees: Mary Erin Wilkins

FRIDAY, AUGUST 20, 2010

9:00 a.m. WINSTEAD V. COMMONWEALTH OF KENTUCKY (2009-SC-019-DG)
"Criminal Law. Sentencing. At issue is whether sentencing error may be corrected, implicating whether nature of error was judicial or clerical, and whether the error involved an illegal sentence."
Discretionary Review granted 11/18/2009
Daviess Circuit Court, Judge Thomas O. Castlen
For Movant: Joseph Brandon Pigg
For Respondent: Stephen Bryant Humphress and Courtney J. Hightower

10:00 a.m. COMMONWEALTH OF KENTUCKY V. NICELY (2009-SC-313-DG)
"Criminal Law. Drug Court Program. Probation. Jail Time Credit. Where defendant was terminated from drug-court program and his probation was revoked, the issue is whether trial court properly denied credit against prison sentence for periods defendant spent in jail for violations of drugcourt policies and conditions during his participation in the program."
Discretionary Review granted 11/18/2009
Magoffin Circuit Court, Judge Kimberley Childers
For Movant: David Bryan Abner
For Respondent: Rachelle Nichole Howell

11:00 a.m. HOSPITAL OF LOUISA, D/B/A THREE RIVERS MEDICAL CENTER V. JOHNSON COUNTY FISCAL COURT (2009-SC-280-DG)
"Jails. Costs of Prisoner Medical Treatment. Bail. At issue is a county's liability for medical care of a prisoner released on an unsecured bond and ordered to seek medical care and report back to jail upon its completion."
Discretionary Review granted 1/13/2010
Johnson Circuit Court, Judge John David Preston
For Movant: Eldred E. Adams, Jr.
For Respondent: Michael S. Endicott