ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: January 4, 2007

WEDNESDAY, FEBRUARY 14, 2007

9:00 a.m. CLARK V. COMMONWEALTH (2005-SC-177-DG)
"Criminal Law. Instructions. Victims' Videotaped Interview with Social Worker. KRE 404(b). Issues on appeal from defendant's first-degree sexual abuse conviction include whether the trial court erred in (1) refusing to instruct the jury on sexual abuse in the second degree; (2) excluding from evidence videotapes of the child victims' interview with a social worker; and (3) allowing evidence of other crimes pursuant to KRE 404(b)."
Discretionary review granted 11/16/2005
Bullitt Circuit Court, Judge Thomas Waller
For Movant: David A. Lambertus
For Respondent: Susan Roncarti Lenz

10:00 a.m. BOYD FISCAL COURT V. STURGILL (2005-SC-322-DG
AND (CROSS-MOTION) STURGILL V. BOYD FISCAL COURT (2005-SC-842-DG)
"Sheriffs. Private Donations. Issues include whether, from 1994-99, sheriffs could solicit and receive supplemental operational private donations."
Discretionary review granted 10/12/2005 and 12/14/2005
Boyd Circuit Court, Judge Daniel Sparks
For Movant/Cross-Respondent: Nelson T. Sparks
For Respondent/Cross-Movant: Matthew J. Wixsom
(Note: Justice Minton is recused)

THURSDAY, FEBRUARY 15, 2007

9:00 a.m. WEBB, ET AL. V. SHARP, ET AL. (2005-SC-271-DG)
"Prison Rule Violations. Proof. The issue is whether field tests indicating the presence of drugs were sufficiently reliable to support disciplinary actions against inmates."
Discretionary review granted 9/14/2005
Muhlenberg Circuit Court, Judge David H. Jernigan
For Movants: Rebecca Baylous and Emily Dennis
For Respondents: Brian Thomas Ruff and
Dontrae Thomas (pro-se)

10:00 a.m. CRUM V. COMMONWEALTH (2005-SC-395-DG)
"Criminal Law. Search and Seizure. Warrants. The issue is whether the good faith exception rendered admissible evidence seized pursuant to a warrant based upon an affidavit lacking specific information."
Discretionary review granted 8/17/2005
Pike Circuit Court, Judge Eddy Coleman
For Movant: W. Sidney Trivette
For Respondent: Louis F. Mathias, Jr. and Michael Harned

11:00 a.m. BROWN V. COMMONWEALTH (2005-SC-78-DG)
"Criminal Law. Trials. Right to Counsel. Right to Testify. Attorney Ethics. Attorney-Client Privilege. Issues include whether criminal defendant was denied right to counsel, right to testify, and/or attorney-client privilege when, upon defense counsel's disclosure to the court that defendant's proposed testimony was inconsistent with counsel's investigation and planned defense, trial court permitted counsel to leave courtroom during defense case-in-chief, and did not appoint substitute counsel, leaving defendant to testify narratively and to make his own closing argument; and whether court improperly limited evidence intended to show bias of prosecution witness."
Discretionary review granted 11/16/2005
Jefferson Circuit Court, Judge Lisabeth Hughes Abramson
For Movant: Kathleen K. Schmidt
For Respondent: Todd D. Ferguson
(Note: Justice Schroder is recused)

FRIDAY, FEBRUARY 16, 2007

9:00 a.m. HOLT V. COMMONWEALTH (2005-SC-128-MR)
"Complicity to first degree robbery and first degree burglary - PFO 2nd degree - 30 years"
Kenton Circuit Court, Judge Douglas M. Stephens
For Appellant: Randall L. Wheeler
For Appellee: Gregory C. Fuchs

10:00 a.m. REECE V. NATIONWIDE MUTUAL INSURANCE, CO.
(2005-SC-79-DG)
"Personal Injury. Auto Insurance. Evidence. Instructions. Issues include whether plaintiff seeking recovery on under-insured-motorist policy was entitled to jury instruction on damages for permanent injury or permanent impairment of ability to labor and earn money; whether plaintiff was entitled to exclusion of evidence that her treating physician's medical license had been suspended prior to trial; and whether trial court improperly limited plaintiffs questioning of prospective jurors during voir dire."
Discretionary review granted 2/15/2006
Jefferson Circuit Court, Judge Ann Shake
For Movant: John K. Carter
For Respondent: Michael E. Krauser and Edward Alan Brutscher

11:00 a.m. SMITH, ET AL. V. CARBIDE AND CHEMICALS CORPORATION, ET AL. (2005-SC-686-CL)
"Certification of the law: 1) Is proof of actual harm required to state a claim for intentional trespass? 2) If plaintiffs can prove a diminution in their property values due to an intentional trespass, do they have a right of recovery under Kentucky law?"
United States Court of Appeals for the Sixth Circuit
Honorable Ronald Lee Gilman
For Petitioners: James W. Owens, Edmund J. Schmidt, III, and David Randolph Smith
For Respondents: Mark C. Whitlow and Robert E. Tait