ORAL ARGUMENT CALENDAR
TO: Justices and Court Staff
FROM: Chief Justice John D. Minton, Jr.
DATE: November 30, 2010
WEDNESDAY, JANUARY 13, 2010
9:00 a.m. (THIS ORAL ARGUMENT HAS BEEN
CANCELLED) LOUISVILLE GAS AND ELECTRIC COMPANY, ET AL. V. HARDIN &
MEADE COUNTY PROPERTY OWNERS FOR CO-LOCATION, ET AL. (2008-SC-348-DG) AND
KENTUCKY PUBLIC SERVICE COMMISSION V. HARDIN & MEADE COUNTY PROPERTY OWNERS
FOR CO-LOCATION, ET AL. (2008-SC-354-DG) (THIS
ORAL ARGUMENT HAS BEEN CANCELLED)
"Public Utilities. Civil Procedure. Issues include requirements for enlargement
of ten-day time period for designation of record under KRS 278 .420."
Discretionary Review granted 4/15/2009
Franklin Circuit Court, Judge Thomas D. Wingate
For Movants: Sheryl G. Snyder, Robert M. Watt III, Allyson Kay Sturgeon, Griffin
Terry Sumner, John Gregory Cornett and David T. Royse
For Respondents: W. Henry Graddy IV, Robert Withers Griffith, Randal Alan
Strobo, Helen C. Helton, Gerald Edward Wuetcher, Richard W. Bertelson III
and David Shawn Samford
10:00 a.m. BUCK V. COMMONWEALTH OF KENTUCKY (2008-SC-896-DG)
"Criminal Law. Ex Post Facto. The issue is whether the 2006 Amendments
to the Sex Offender Registration Act violate Ex Post Facto provisions of the
United States and Kentucky Constitution."
Discretionary Review granted 2/11/2009
Campbell Circuit Court, Judge Fred A. Stine V
For Movant: Samuel N. Potter
For Respondent: James Coleman Shackelford
11:00 a.m. SAJKO V. JEFFERSON COUNTY BOARD OF EDUCATION,
ET AL.
(2009-SC-21-DG)
"Termination of a teacher."
Discretionary Review granted 4/15/2009
Jefferson Circuit Court, Judge William Douglas Kemper
For Movant: Jeffrey Scott Walther and William Scott Hunt
For Respondents: Byron Edward Leet, Lisa Catherine Dejaco and Sara Christine
Veeneman
THURSDAY, JANUARY 14, 2010
9:00 a.m. LIKINS V. KINSER, ET AL. (2008-SC-907-DG)
"Summary Judgment. Disability Discrimination. Whether an employer perceives
an employee has a disability is a question of fact for the jury or is the
proper subject of summary judgment."
Discretionary Review granted 3/11/2009
Oldham Circuit Court, Judge Karen A. Conrad
For Movant: Thomas E. Clay and Garry Richard Adams, Jr.
For Respondents: Robert Thomas Watson and Christopher Gadansky
10:00 a.m. SAXTON V. COMMONWEALTH OF KENTUCKY (2008-SC-899-DG)
"Criminal Law. Trafficking in a Controlled Substance within 1,000 Yards
of a School. Culpable Mental State. Entrapment. Issues include whether conviction
under KRS 218A.1411 requires proof that defendant knew drug transaction was
occurring within 1,000 yards of a school; and whether conviction reflected
palpable error and manifest injustice because police informants designated
location of transaction, although issue of entrapment was not raised at trial."
Discretionary Review granted 5/13/2009
Graves Circuit Court, Judge Timothy C. Stark
For Movant: Jamesa J. Drake
For Respondent: David Wayne Barr
11:00 a.m. COMMONWEALTH OF KENTUCKY V. REINHOLD, D/B/A AMERICAN
EVANGELISTIC ASSOCIATION, ET AL. (2008-SC-839-DG)
"Insurance. Does the 'Medi-Share' plan constitute 'insurance' as defined
by KRS 304.1-030 and, if so, is it exempt as a KRS 304.1-120(7) 'religious
publication'?"
Discretionary Review granted 3/11/2009
Franklin Circuit Court, Judge Thomas D. Wingate
For Movant: Stephan L. Taylor
For Respondents: Brent L. Caldwell and Richard Lynn Masters
FRIDAY, JANUARY 15, 2010
9:00 a.m. FOX V. GRAYSON, IN HIS OFFICIAL CAPACITY AS SECRETARY
OF STATE OF THE COMMONWEALTH OF KENTUCKY, ET AL.
(2009-SC-66-TG)
"Declaration of the law-confirmation of appointment to membership on
the Council on Postsecondary Education."
Franklin Circuit Court, Judge Thomas D. Wingate
For Movant: Paul Emmanuel Salamanca
For Respondents: Angela C. Evans, Ellen M. Hesen, Edmund Scott Sauer and Dennis
Lee Taulbee
10:00 a.m. COMMONWEALTH OF KENTUCKY V. LAKE (2008-SC-129-DG)
AND (CROSS-MOTION) LAKE V. COMMONWEALTH OF KENTUCKY
(2008-SC-876-DG)
"Juvenile Code. Youthful Offenders. RCr 11.42. Issues include whether
juvenile charged with murder effectively waived preliminary transfer hearing
in district court before being transferred to circuit court for indictment
and trial as an adult under KRS 640.010; and whether offender is entitled
to relief on allegations that trial counsel was ineffective and that witness
committed perjury at trial ."
Discretionary Review granted 11/19/2008 and 1/14/2009
Knox Circuit Court, Judge Roderick Messer
For Movant/Cross-Respondent: Gregory C. Fuchs
For Respondent/Cross Movant: Mary Gail Robinson
11:00 a.m. CSX TRANSPORTATION, INC., V. BEGLEY (2008-SC-643-DG)
AND
CSX TRANSPORTATION, INC., V. MOODY (2007-SC-548-DG) AND (CROSS-MOTION) MOODY
V. CSX TRANSPORTATION, INC.
(2009-SC-48-DG)
"Federal Employers' Liability Act. Jury Instructions. Issues include
whether defendant employer in FELA action was entitled to have jury instructed
on proximate cause; foreseeability; non-taxability of damage award; and discounting
award for future pain and suffering to present value."
AND
Personal Injury. Exposure to Toxic Substances. Evidence. Instructions. Issues
involve the propriety of (1) admission of a study of similar injuries experienced
by other workers exposed to the same substance and (2) refusal to give various
substantive FELA instructions. Additional issues raised on cross-motion involve
the timeliness of the appeal and the sufficiency of the evidence to support
the award for future medical expenses.
Discretionary Review granted 1/14/2009 and 2/11/2009
Perry Circuit Court, Judge William Engle III and
Jefferson Circuit Court, Judge Thomas McDonald
For Movants/Cross-Respondent: James E. Cleveland III, James Wade Turner, Alexander
C. Ward, Raymond G. Smith, Edward H. Stopher and David T. Klapheke.
For Respondents/Cross-Movant: Alva A. Hollon, Jr., Thomas Ira Eckert, John
Oaks Hollon, Kenneth L. Sales, Joseph Donald Satterley and Paul Jason Kelley