SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: May 9, 2005

WEDNESDAY , AUGUST 17, 2005

9:00 a.m. FISCHER V. FISCHER (2003-SC-982-DG)
"Partnerships. Dissolution. Issues include whether a term in partnership agreement, providing that upon death of any partner the surviving partner would purchase the decedent's interest for a specified amount, remained enforceable against deceased partner's estate although that partner had declared the partnership dissolved pursuant to KRS 362.300(1)(b) prior to his death."
Discretionary review granted 10/13/2004
Boone Circuit Court, Judge Joseph Bamberger
For Movant: Gerald F. Dusing and Stacet L. Graus
For Respondent: H. Lawson Walker II

10:00 a.m. LEWIS V. JACKSON ENERGY COOPERATIVE CORP., ET AL. (2003-SC-119-DG) &
JACKSON ENERGY COOPERATIVE CORP., ET AL. V. LEWIS (2004-SC-135-DG)
"Rural Electric Cooperatives. Issues include whether KRS 279.020 limits a rual electric cooperative corporation to providing electricity and related services, thus precluding a cooperative from distributing and selling propane gas through affiliates; and whether the plaintiff lacked standing to maintain the action."
Discretionary Review granted 2/11/2004 & 5/12/2004
Laurel Circuit Court, Judge Lewis B. Hopper
For Movant/Cross Respondent: Franklin Stivers and Stanton L. Cave
For Respondents/Cross Movants: J. Warren Keller, Keith Moorman and Shea William Conley

11:00 a.m. POSEY V. COM. (2004-SC-60-DG)
"Criminal Law. Search and Seizure. Arrest. Possession of Firearm by Convicted Felon. Issues include: (1) Propriety of warrantless in-home arrest, search and seizure, and (2) constitutionality of statute imposing criminal penalty on convicted felons for possession of firearms."
Discretionary Review granted 11/10/2004
Jefferson Circuit Court, Judge Stephen K. Mershon
For Movant: J. David Niehaus
For Respondent: George G. Seelig

THURSDAY , AUGUST 18, 2005

9:00 a.m. HEARD V. COM. (2003-SC-1031-DG)
"Criminal Law. Search and Seizure. Confidential Informant. Disclosure of Identity. Is disclosure required?"
Discretionary review granted 12/08/2004
Fayette Circuit Court, Judge Laurance B. Van Meter
For Movant: V. Gene Lewter
For Respondent: Courtney J. Hightower and Perry T. Ryan

10:00 a.m. COOMER V. PHELPS, ET AL. (2004-SC-294-DG)
"Contracts. Release. Issues include whether a written release may be invalidated on the grounds of mutual mistake as to the nature and extent of personal injury."
Discretionary review granted 12/08/2004
Pulaski Circuit Court, Judge Daniel J. Venters
For Movant: Bridget Leigh Dunaway and Amanda Lester Hill
For Respondents: John W. Walters, Timothy Culver Feld, Donald L. Miller, II,
Diane Rose Conley and Kristi Mildred Smith

11:00 a.m. COM. V. STACEY (2004-SC-358-DG)
"Criminal Law. Postconviction Relief. Issues include consideration of a potential
mental incapacity exception to the RCr 11.42(10) three-year limitation period."
Discretionary review granted 10/13/2004
Nelson Circuit Court, Judge Larry Raikes
For Movant: Michael Harned
For Respondent: David James Harris

FRIDAY , AUGUST 19, 2005

9:00 a.m. CITY OF LOUISVILLE, ET AL. V. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY (2004-SC-48-DG)
"Insurance. Motor Vehicle. Subornation. At issue is whether, under KRS 304.39- 070(2), basic reparation benefits paid to an insured may be recovered from the City of Louisville."
Discretionary review granted 12/08/2004
Jefferson Circuit Court, Judge Denise Clayton
For Movants: Gregory Scott Gowen and Carrie Pearson Hall
For Respondent: Kenneth E. Dunn

10:00 a.m. AKERS V. COM. (2003-SC-1049-DG)
"Criminal Law. Peremptory Challenge. Jury Selection. Issues include whether reversible error occurs if a defendant, who exercises all of the peremptory challenges to which he is entitled, utilizes a peremptory challenge to remove a prospective juror who should have been excused for cause."
Discretionary review granted 11/10/2004
Pike Circuit Court, Judge Eddy Coleman
For Movant: Linda Roberts Horsman
For Respondents: Brian T. Judy

11:00 a.m. ROBERTS V. CARDWELL, ET AL. (2003-SC-780-DG)
"Attorneys. Dissolution of Marriage. Marital Property. Where attorney representing party in divorce proceedings came into possession of check representing marital funds, and attorney claimed that check had been endorsed by both parties in the presence of counsel and had been applied to marital loans as intended, did family court err by ordering attorney to pay opposing party on-half of the amount of the check?"
Discretionary review granted 10/13/2004
Warren Circuit Court, Judge Joseph R. Huddleston
For Movant: Nancy Oliver Roberts
For Respondents: Kenneth A. Meredith, II