ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: December 21, 2005

WEDNESDAY, FEBRUARY 15, 2006

9:00 a.m. GREENE V. COMMONWEATLH (2004-SC-46-MR)
"Murder - Life sentence."
Kenton Circuit Court, Judge Douglas M. Stephens
For Appellant: Timothy G Arnold
For Appellee: Samuel J. Floyd, Jr.

10:00 a.m. B.F. V. T.D. (2005-SC-557-DGE)
"Child Custody and Visitation. In this case concerning a child raised for her first six years by a same sex couple, issues include the applicability of the "de facto custodian" provisions of KRS 403.270 or any alternative standing to seek custody or visitation under equitable or common law doctrines including "in loco parentis."
Discretionary Review granted 11/16/2005
Jefferson Circuit Court, Judge Kevin Garvey
For Movant: Bryan Daniel Gatewood and Courtney Joslin
For Respondent: Franklin P. Jewell and David Duane Fuller

11:00 a.m. COMMONWEALTH, CABINET FOR HEALTH AND FAMILY SERVICES, ET AL. V. A.G.G., ET AL. (2005-SC-631-DGE)
"Termination of Parental Rights. Issues include whether a child's statements to a counselor and a physician assessing the possibility of sexual abuse constituted testimonial evidence inadmissible under the Confrontation Clause as clarified in Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L.Ed.2d 177 (2004).
Discretionary Review granted 11/16/2005
Barren Circuit Court, Judge William Mitchell Nance
For Movants: G. Thomas Mercer and David Smith
For Respondents: Benjamin D. Rogers and Rita E. Riherd

THURSDAY, FEBRUARY 16, 2006

9:00 a.m. AIK SELECTIVE SELF-INSURANCE FUND V. MINTON (2004-SC-326-DG)
"Workers' Compensation. Subrogation. Issues include whether the trial court misinterpreted AIK Selective Self Insurance Fund v. Bush, 74 S.W.3d 251 (Ky. 2002), by deducting the worker's legal expenses and fees from AIK's subrogation amount when such fees and expenses were arguably paid by the tortfeasor in settlement, leaving worker with double recovery in violation of KRS 342.700(1)."
Discretionary Review granted 2/9/2005
Russell Circuit Court, Judge Robert L. Wilson
For Movant: W. Kenneth Nevitt
For Respondent: Robert L. Bertram and W. Ronnie Amburgey

10:00 A.M. BAILEY V. COMMONWEALTH (2003-SC-935-DG)
"Criminal law. Confession. Voluntariness of statements made by a person of low mental capacity."
Discretionary Review granted 9/16/2004
Allen Circuit Court, Judge William R. Harris
For Movant: Julie Namkin
For Respondent: George G. Seelig

11:00 a.m. CUMBERLAND VALLEY CONTRACTORS, INC., ET AL. V. BELL COUNTY COAL CORPORATION, ET AL. (2000-SC-951-DG) AND BELL COUNTY COAL CORPORATION, ET AL. V. CUMBERLAND VALLEY CONTRACTORS, INC., ET AL. (2004-SC-1121-DG)
"Punitive Damages. Lost Profits. Contracts. Issues include: (1) whether a plaintiff is entitled to a punitive damages instruction concerning allegations of a defendant's violations of mandatory safety statutes and regulations, (2) sufficiency of proof of lost profits, and (3) (on cross-motion) contract issues.
Discretionary Review granted 12/8/2004 and 2/9/2005
Bell Circuit Court, Judge Farmer H. Helton
For Movants/Cross-respondents: Jacob P. Cline & Elizabeth U. Mendel
For Respondents/Cross-movants: Perry M. Bentley, J. Peter Cassidy, Jr., Todd S. Page, and Palmer G. Vance, II

FRIDAY, FEBRUARY 17, 2006

9:00 a.m. ROBERIE, ET AL. V. VONBOKERN, ET AL. (2004-SC-250-DG)
"Punitive Damages. Issues include whether punitive damages may be awarded in the absence of compensatory damages."
Discretionary Review granted 2/9/2005
Owen Circuit Court, Judge Stephen L. Bates
For Movants: Kirk Hoskins
For Respondents: Preston Scott Cecil, Phillip J. Shepherd, and Charles E. Carter

10:00 a.m. DENZIK V. DENZIK, NOW BLAZAR (2004-SC-1131-DGE)
"Torts. Fraudulent Misrepresentation. Issues include the propriety of recovering damages in the form of recoupment of child support payments relating to a child not fathered by the payor."
Discretionary Review granted 3/9/2005
Warren Circuit Court, Judge Thomas R. Lewis
For Movant: Kelly Thompson, Jr.
For Respondent: Timothy J. Crocker and Mark Allen Thurmond

11:00 a.m. PEAK V. COMMONWEALTH (2003-SC-244-MR) AND
MEEKS V. COMMONWEATLH (2003-SC-271-MR)
"Murder, First degree robbery, criminal conspiracy to murder and tampering with physical evidence - Life without parole for 25 years."
Jefferson Circuit Court, Judge Thomas J. Knopf
For Michael Anthony Peak: Donna L. Boyce
For Patrick W. Meeks: Shelly R. Fears
For Respondents: Dennis W. Shepherd