ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: March 1, 2007

WEDNESDAY, APRIL 11, 2007

9:00 a.m. COMMONWEALTH V. BLAKELY (2006-SC-313-CL)
"Certification of the law. As a result of the General Assembly's amendments to Chapter 304 of the Kentucky Revised Statutes in 2005, may a non-owner operator of a motor vehicle be assessed criminal penalties because the motor vehicle being driven is uninsured."
Jefferson Circuit Court, Judge Angela T. McCormick
For Petitioner: David A. Sexton
For Respondent: Grant M. Helman and Stuart A. Scherer

10:00 a.m. MITCHELL, ET AL. V. ALLSTATE INSURANCE COMPANY
(2005-SC-571-DG)
"Auto Insurance. Omnibus Clause. Issues include the extent of coverage to be given to a permissive user of an auto when the use exceeds or varies from the permission given."
Discretionary review granted 3/15/2006
Harrison Circuit Court, Judge Robert McGinnis
For Movants: Kevin C. Burke and Dan E. Siebert
For Respondent: A. Campbell Ewen and William P. Carrell, II

11:00 a.m. COMMONWEALTH V. LINK (2004-SC-216-DG) AND
(CROSS-MOTION) LINK V. COMMONWEALTH
(2005-CA-068-DG)
"Criminal Law. Double Jeopardy. Extreme Emotional Disturbance. Issues include whether "implied acquittal" of intentional assault due to conviction of wanton assault makes harmless trial court's error in failing to instruct on extreme emotional disturbance, which mitigates intentional acts but not wanton acts."
Discretionary review granted 1/12/2005 and 4/13/2005
Grant Circuit Court, Judge Stephen L. Bates
For Movant/Cross-Respondent: Louis F. Mathias, Jr.
For Respondent/Cross-Movant: Samuel N. Potter

THURSDAY, APRIL 12, 2007

9:00 a.m. QUEENSWAY FINANCIAL HOLDING, LTD., ET AL. V. COTTON & ALLEN, P.S.C. (2004-SC-254-DG)
"Professional Negligence. Statute of Limitations. The issue is whether action alleging professional negligence against defendant accounting firm was filed within the one-year limitations period of KRS 413.245."
Discretionary review granted 3/15/2006
Jefferson Circuit Court, Judge Lisabeth Hughes Abramson
For Movants: A. Courtney Guild, Jr. and Edward L. Schoenbaechler
For Respondent: Mark S. Fenzel and Dana Lucas Collins

10:00 a.m. CHAPMAN V. COMMONWEALTH (2005-SC-070-MR)
"Death Penalty"
Boone Circuit Court, Judge Anthony Frohlich
For Appellant: Donna L. Boyce, Randall L. Wheeler, and Emily Holt Rhorer
For Appellee: David A. Smith and Tami Allen Stetler

FRIDAY, APRIL 13, 2007

9:00 a.m. B.B., A CHILD UNDER EIGHTEEN V. COMMONWEALTH
(2005-SC-814-DG)
"Juvenile Offenders. Evidence. Hearsay. Witnesses. Issues include whether testimony in juvenile court by examining nurse and by social workers, relating statements made to them by child regarding alleged sexual offense, was inadmissible and prejudicial; whether 4-year-old child was incompetent to testify; and whether evidence was insufficient to support finding that juvenile had committed sexual offense."
Discretionary review granted 4/12/2006
Adair Circuit Court, Judge James G. Weddle
For Movant: Timothy G. Arnold
For Respondent: David W. Barr

10:00 a.m. COMMONWEALTH OF KENTUCKY, FINANCE AND ADMINISTRATION CABINET, ET AL. V. YAMAHA MOTOR MANUFACTURING CORPORATION OF AMERICA, ET AL. (2005-SC-979-DG)
"Standing. KRS 45A.280. Issues include whether disappointed bidder has standing to sue following denial of a bid protest under the Kentucky Model Procurement Code."
Discretionary review granted 4/12/2006
Franklin Circuit Court, Judge Roger Crittenden
For Movants: James M. Herrick and Larry C. Deener
For Respondents: Kenneth A. Bohnert, F. Chris Gorman, and Edward L. Lasley
(Note: Justice Minton is recused)

11:00 A.M. BITUMINOUS CASUALTY CORPORATION V. KENWAY CONTRACTING, INC., ET AL. (2005-SC-13-DG)
"Insurance. Construction of Commercial General Liability Insurance Policy. Issues relate to whether a construction company's commercial general liability insurance policy provides coverage for the mistaken demolition of a house, when the construction company had been hired to demolish only the carport."
Discretionary review granted 9/14/2005
Warren Circuit Court, Judge John D. Minton, Jr.
For Movant: Pamela Adams Chesnut and Robert E. Maclin, III
For Respondents: Lanna M. Kilgore, J. Brent Travelsted, and Larry F. Hinton
(Note: Justice McAnulty and Justice Minton are recused --Special Justice T. Steven Bland and Special Justice Kevin L. Garvey, sitting)