SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: June 12, 2006

THURSDAY, AUGUST 17, 2006

9:00 a.m. GRAY V. COMMONWEALTH (2004-SC-457-MR)
"Murder – 45 years."
Fayette Circuit Court, Judge Sheila Isaac
For Appellant: Shannon Dupree
For Appellee: James Havey

10:00 a.m. INQUIRY COMMISSION V. MILLS (2006-SC-232-KB)
to be heard with:
INQUIRY COMMISSION V. GALLION (2006-SC-240-KB)
to be heard with:
INQUIRY COMMISSION V. CUNNINGHAM (2006-SC-249-KB)
"Temporary Suspension from the practice of law, pursuant to SCR 3.165(1)(a)."
For Movants: Stephen L. Barker, Linda Gosnell, and Reed N. Moore, Jr.
For Respondents: William E. Johnson

FRIDAY, AUGUST 18, 2006

9:00 a.m. LOUISVILLE GAS AND ELECTRIC COMPANY V. ROBERSON (2005-SC-188-DG)
"Torts. Undertaker's Doctrine. Restatement (2d) of Torts § 324A. Issues include whether a duty was owed to a 10-year old pedestrian fatally injured in an attempt to cross five lanes of Preston Highway in the dark over 100 yards from an inoperative streetlight."
Discretionary review granted 6/8/2005
Jefferson Circuit Court, Judge Ann Shake
For Movant: Raymond G. Smith and Edward H. Stopher
For Respondent: Philip McKinley

10:00 a.m. KRAUSE V. COMMONWEALTH (2004-SC-1009-DG)
"Criminal Law. Search and Seizure. Consent. At issue is whether a defendant's consent to the warrantless search of his residence is voluntary when police officers obtain admittance and consent to search based on fabrications and misrepresentations."
Discretionary review granted 6/8/2005
McCracken Circuit Court, Judge Craig Z. Clymer
For Movant: Jeremy Ian Smith
For Respondent: Todd D. Ferguson and Courtney J. Hightower

11:00 a.m. FIRST FEDERAL SAVINGS BANK V. MCCUBBINS (2005-SC-372-DG)
"Bills and Notes. Clerical Error. The issue is whether there was sufficient evidence of a bank's clerical error in releasing a debtor from a note to preclude summary judgment in the debtor's favor."
Discretionary review granted 8/17/2005
Bullitt Circuit Court, Judge Thomas Waller
For Movant: Russell S. Sizemore and Matthew C. Hess
For Respondent: John F. Carroll