SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: December 16, 2004

WEDNESDAY, FEBRUARY 9, 2005

9:00 a.m. WELBORN V. COMMONWEALTH OF KENTUCKY (2002-SC-1071-MR)
"Assault - 3 Counts and Disarming a police officer - 35 Years."
Butler Circuit Court, Judge Ronnie C. Dortch
For Appellant: Misty Dugger
For Appellee: Gregory C. Fuchs and Gregory D. Stumbo

10:00 a.m. HILSMEIER V. CHAPMAN (2003-SC-281-DG) & ALLEN V. CHAPMAN (2003-SC-303- DG)
"Gifts. Undue Influence. Competency. Where donor's administrator challenged inter vivos transfer on grounds of undue influence by recipients and/or incompetence of the donor, issues include whether evidence from a prior, concluded competency trial was improperly admitted, and whether co-defendants were entitled to apportionment of fault rather than joint and several liability."
Discretionary Reviews granted 05/12/2004
Warren Circuit Court, Judge John D. Minton, Jr.
For Movants: Thomas A. Noe, III & David Thomas Sparks
For Respondents: Lee Huddleston

11:00 a.m. KRAHWINKEL V. COMMONWEALTH ALUMINUM CORPORATION (2003-SC-708- DG) & COMMONWEALTH ALUMINUM CORPORATION V. KRAHWINKEL (2004-SC- 219-DG)
"Personal Injury. Workplace Accident. Issues include the extent of liability of a corporation for an injury at its plant to an employee working for an independent mechanical contractor. A split Court of Appeals panel reversed a judgment on a jury verdict for the injured worker, who argued negligence per se regarding the hole into which he fell. On cross-motion, an additional argument addresses the propriety of recovery in tort as well as workers' compensation benefits."
Discretionary Review granted 3/10/2004 and 6/9/2004
Hancock Circuit Court, Judge Ronnie C. Dortch
For Movant/Cross-Respondent: Jeanie Owen Miller
For Respondent/Cross-Movant: Marvin P. Nunley

THURSDAY, FEBRUARY 10, 2005

9:00 a.m. HOWELL V. HERALD (2003-SC-476-DG)
"Gifts. Deeds. Delivery. Where donor's attorney and attorney-in-fact, in accordance with donor's directions, executed deeds prior to donor's death and gave them to donee/grantee after donor's death, did constructive delivery occur prior to donor's death?."
Discretionary Review granted 6/9/2004
Fayette Circuit Court, Judge Sheila Isaac
For Movant: Richard E. Fitzpatrick, Robert F. Houlihan, Jr., David T. Royse and Kif Harward Skidmore
For Respondent: Debra H. Dawahare, Richard C. Ward, Karen J. Greenwell, Mickey Todd Webster and La Toi Lampkin Mayo

10:00 a.m. LAMB, ET AL. V. HOLMES, ET AL. (2003-SC-495-DG)
"School Search. Qualified Official Immunity. In this action for damages based on a search of middle school students by school personnel, issues include whether the search was overly intrusive and violated the students' Fourth Amendment rights, and whether the school teachers and administrators were protected from damages liability by qualified official immunity."
Discretionary Review granted 6/9/2004
Fayette Circuit Court, Judge Gary D. Payne
For Movants: Robert L. Chenoweth
For Respondents: David R. Marshall

11:00 a.m. PATTERSON V. BLAIR, ET AL. (2003-SC-646-DG)
" Torts. Intentional. Respondeat Superior. In attempting to repossess an auto sold by his employer, an employee shot out the tires of the vehicle while it was stopped at a traffic light. At issue is whether an employer can be held vicariously liable for an intentional tort committed by an employee, under the theory of respondeat superior."
Discretionary Review granted 6/9/2004
McCracken Circuit Court, Judge R. Jeffrey Hines
For Movant: James W. Owens
For Respondents: Mark D. Pierce

FRIDAY, FEBRUARY 11, 2005

9:00 a.m. COMMONWEALTH OF KENTUCKY V. BERRY (2003-SC-357-DG) & BERRY V. COMMONWEALTH OF KENTUCKY (2004-SC-231-DG)
"Criminal Law. Waiver of Counsel. Issues include the validity of Berry's waiver of representation by counsel."
Discretionary Reviews granted 3/10/2004 & 5/12/2004
Hopkins Circuit Court, Judge Charles W. Boteler, Jr.
For Movant/Cross Respondent: Louis F. Mathias, Jr. and Gregory D. Stumbo
For Respondent/Cross Movant: Timothy G. Arnold

10:00 a.m. LEWIS V. JACKSON ENERGY COOPERATIVE CORPORATION, ET AL. (2003-SC- 119-DG) & JACKSON ENERGY COOPERATIVE CORPORATION, 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. ALLEY V. COMMONWEALTH OF KENTUCKY (2003-SC-103-MR)
"Murder and fourth degree assault - Life without parole for 25 years."
Wayne Circuit Court, Judge Robert L. Wilson
For Appellant: Randall L. Wheeler
For Respondent: Michael Harned, Tami Allen Stetler and Gregory D. Stumbo