ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: December 7, 2007

WEDNESDAY, FEBRUARY 13, 2008

9:00 a.m. KING DRUGS, INC., ET AL. V. COMMONWEALTH OF KENTUCKY, REVENUE CABINET, ET AL. (2005-SC-789-DG)
"Sales and Use Taxes. At issue is whether sales and use taxes were properly assessed for the sale or lease of certain medical items."
Discretionary Review granted 5/10/2006
Franklin Circuit Court, Judge Roger Crittenden
For Movants: A.V. Conway, II
For Respondents: Laura M. Ferguson and Jon W. Ackerson
(Note: Justice Minton and Justice Schroder are recused --
Special Justices Pamela K. Addington and Joy A. Moore sitting)

10:00 a.m. COMMONWEALTH OF KENTUCKY V. WOOTEN (2006-SC-125-DG)
"Criminal Law. Competency to Stand Trial. Issues include whether trial court at competency hearing improperly permitted testimony by expert retained by defense; and whether trial court abused its discretion by finding defendant not competent to stand trial where court-appointed expert testified that defendant was competent and defense expert testified that defendant was "marginally competent."
Discretionary Review granted 8/17/2006
Bracken Circuit Court, Judge John W. McNeill, III
For Movant: Matthew Robert Krygiel
For Respondent: Damon L. Preston

11:00 a.m. COMMONWEALTH OF KENTUCKY V. HARRIS (2006-SC-40-DG) AND (CROSS- MOTION) HARRIS V. COMMONWEALTH OF KENTUCKY (2006-SC-451-DG)
"Criminal Law. Post-Conviction Relief. Whether the facts justify granting a new trial, based upon a witness's testimony in two different proceedings, in which the witness's memory was vague in this defendant's trial but very specific in another trial. On cross-motion, the issues are whether error was committed in failing to appoint counsel."
Discretionary Review granted 6/7/2006 and 8/17/2006
Casey Circuit Court, Judge James G. Weddle
For Movant/Cross-Respondent: Gregory C. Fuchs
For Respondent/Cross-Movant: Dennis James Burke

THURSDAY, FEBRUARY 14, 2008

9:00 a.m. COFFMAN V. RANKIN (2007-SC-348-DGE)
"Domestic Relations. Child Custody Modification. Issues involve the KRS 403.350 affidavit requirement and "adequate cause" for a hearing on a motion for modification of joint custody."
Discretionary Review granted 8/15/2007
Hardin Circuit Court, Judge Pamela Addington
For Movant: Barry Birdwhistell
For Respondent: David Bradley Mour

10:00 a.m. CLARK V. COMMONWEALTH OF KENTUCKY (2005-SC-862-MR)
"Twenty-five counts: first degree rape, first degree sodomy, second degree sodomy, incest, promoting a sexual performance by a minor, use of a minor in a sexual performance, criminal attempt to commit promoting a sexual performance by a minor and criminal attempt to commit use of a minor in a sexual performance - Life imprisonment."
Hardin Circuit Court, Judge Janet P. Coleman
For Appellant: Emily Holt Rhorer
For Appellee: Clint Evans Watson

11:00 a.m. COMMONWEALTH OF KENTUCKY, DEPARTMENT OF CORRECTIONS, ET AL. V. CHESTNUT (2006-SC-86-DG)
"Open Records Act. Issues include the level of specificity required for a KRS 61.872(2) document request by an inmate for a copy of his own non-confidential records."
Discretionary Review granted 5/10/2006
Franklin Circuit Court, Judge William L. Graham
For Movants: Emily Dennis
For Respondent: Allison I. Connelly
(Justice Cunningham is recused)

FRIDAY, FEBRUARY 15, 2008

9:00 a.m. DERRY V. COMMONWEALTH OF KENTUCKY (2006-SC-181-DG)
"Criminal Law. Double Jeopardy. Issues include whether, after the
Commonwealth had completed questioning of three witnesses at a jury trial but the case then was dismissed because the alleged offenses occurred in another county, reprosecution for the same offenses could occur in the second county."
Discretionary Review granted 8/17/2006
Metcalfe Circuit Court, Judge Phillip R. Patton
For Movant: Thomas M. Ransdell
For Respondent: Bryan D. Morrow

10:00 a.m. MOORHEAD V. MANNING, ET AL. (2006-SC-251-DG)
"Attorney Fees. Issues include the propriety of new litigation, subsequent to final disposition of contract and attorney fee litigation, as a procedure for pursuing post judgment attorney fees."
Discretionary Review granted 9/13/2006
Jefferson Circuit Court, Judge Denise Clayton
For Movant: John H. Dwyer, Jr. and James Hays Lawson
For Respondents: W. David Kiser and Simon Brooks Berry
(Note: Justice Schroder is recused)
(Rescheduled from August 16, 2007)
(Rescheduled from December 14, 2007)

11:00 A.M. NEURODIAGNOSTICS, INC. V. KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY, ET AL. (2006-SC-857-DG)
"Motor Vehicle Insurance. Assignment Rights. KRS 304.39-241. Issues
involve the validity of assignments of basic reparation benefits to permit direct assertion of claims by medical providers against reparations obligors."
Discretionary Review granted 3/14/2007
Fayette Circuit Court, Judge Thomas L. Clark and Judge Pamela Goodwine
For Movant: David T. Enlow and Tracey S. Enlow
For Respondents: Guy R. Colson, Christina L. Vessels, Douglas L. Hoots, and Tyler Griffin Smith
(Justice Schroder is recused)