ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: January 8, 2004

WEDNESDAY, FEBRUARY 11, 2004

9:00 a.m. STOPHER V. F. KENNETH CONLIFFE, JUDGE (2003-SC-710-OA)
"Constitutionality of KRS 31.185(2)."
Jefferson Circuit Court, Judge F. Kenneth Conliffe
For Appellant: David Hare Harshaw III and Theodore S. Shouse
For Appellee: Elizabeth A. Heilman and Jeanne Deborah Anderson

10:00 a.m. MILLION V. RAYMER (2002-SC-205-DG)
"Statute of Limitations. Prisoners. At issue is the applicable statute of limitations for a civil declaratory judgment action alleging violation of a prisoner's constitutional rights in a prison disciplinary proceeding."
Discretionary Review granted 6-4-2003
Morgan Circuit Court, Judge Samuel C. Long
For Movant: John T. Damron and Rebecca Baylous
For Respondent: Allison Connelly

11:00 a.m. COM. V. MORRIS (2002-SC-845-DG)
"Criminal Law. Death of a Fetus. Should the ‘born alive' rule [espoused in Hollis v. Commonwealth, Ky., 652 S.W.2d 61 (1983), that homicide charges may not be brought unless the fetus was born alive and then subsequently died] be abandoned in place of the ‘viable fetus' rule?"
Discretionary Review granted 6-4-2003
Pike Circuit Court, Judge Charles E. Lowe, Jr.
For Movant: Matthew D. Nelson
For Respondent: Stephen W. Owens

THURSDAY, FEBRUARY 12, 2004

9:00 a.m. HERNDON V. HERNDON (NOW VIERS) (2002-SC-452-DG)
"Appellate Procedure. Where trial court referred party's CR 60.02 motion to domestic- relations commissioner, and subsequently denied motion on commissioner's recommendation, is party's failure to file objections to commissioner's report pursuant to CR 53.06(2) grounds for dismissing party's appeal from order denying motion?"
Discretionary Review granted 4-17-2003
Bullitt Circuit Court, Judge Thomas Waller
For Movant: Harry Bernard O'Donnell
For Respondent: C. Mike Moulton and Lyn Taylor Long

10:00 a.m. HOSKINS, ET AL. V. R. CLETUS MARICLE, JUDGE, ET AL. (2002-SC-579-MR)
"Trial judge's refusal to enter a guilty plea agreed to by the Commonwealth and the defendant."
Clay Circuit Court, Judge R. Cletus Maricle
For Appellants: Stephan Charles and Marcus S. Carey
For Appellees: Karen M. Timmel and Brian Judy

11:00 a.m. EARLE V. COBB, ET AL. (2000-SC-818-DG)
"Automobile Insurance. Subrogation. Issues relate to whether an underinsured motorist carrier which has advanced the tortfeasor's liability limits in order to preserve subrogation rights may be compelled to attend trial or even be identified to the jury when named as a co-defendant with the tortfeasor in a case brought by the plaintiff/policyholder."
Discretionary Review granted 6-4-2003
Muhlenberg Circuit Court, Judge David H. Jernigan
For Movant: Mike Breen and Kerry Sigler Morgan
For Respondents: Reford H. Coleman, Matthew C. Hess, W. Douglas Myers, Jack N. Lackey, Jr. and W. Jonathan Sweeten

FRIDAY, FEBRUARY 13, 2004

9:00 a.m. QUARELS V. COM. (2002-SC-289-MR)
"Murder, first degree arson, and two counts of criminal attempt to commit murder - life imprisonment without the benefit of probation or parole."
Jefferson Circuit Court, Judge Judith E. McDonald-Burkman
For Appellant: Donna L. Boyce
For Appellee: Michael Harned and William Robert Long, Jr.

10:00 a.m. VINSON, ET AL. V. SORRELL (2002-SC-1012-DG)
"Domestic Relations. Child Custody. Issues include whether the biological father waived his superior right to custody as against maternal grandparents by lack of contact with his child or by unfitness to the trust."
Discretionary Review granted 6-4-2003
Greenup Circuit Court, Judge Lewis D. Nicholls
For Movants: James W. Lyon, Jr.
For Respondent: Roger W. Hall and Catherine C. Hughes

11:00 a.m. CARRIER V. COM. (2002-SC-509-DG)
"Criminal Law. KRS 620.050. Issues relate to the proper procedure for obtaining psychotherapist's records relating to the defendant, the scope of records which may be obtained, and the application of KRS 620.050 after the alleged victim has reached adulthood."
Discretionary Review granted 6-4-2003
Livingston Circuit Court, Judge Bill Cunningham
For Movant: Linda Roberts Horsman
For Respondent: Dennis W. Shepherd