ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: November 22, 2005

WEDNESDAY, JANUARY 11, 2006

9:00 a.m. COMMONWEALTH V. LUCAS (2004-SC-75-DG)
"Criminal Law. Pre-Arrest Interrogation. Issues include whether pre-arrest interview between police and defendant was non-custodial for purposes of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), making it unnecessary to advise defendant of his rights in order for his statements to be admissible at trial."
Discretionary review granted 1/12/2005
Fayette Circuit Court, Judge Rebecca M. Overstreet
For Movant: Dennis W. Shepherd
For Respondent: V. Gene Lewter

10:00 a.m. BAKER, ET AL. V. FLETCHER, ET AL. (2005-SC-208-TG)
"Appeal of denial of Motion for declaratory judgment - Executive Order (2002-727), suspending the operation of KRS 18A.355(1) and providing a 2.7% annual salary increment for state employees. Enactment of HB 269."
Franklin Circuit Court, Judge Roger Crittenden
For Appellants: Ron Parry and Phillip J. Shepherd
For Appellees: M. Holliday Hopkins, Sheryl G. Snyder, James L. Deckard, and Jason Patrick Renzelmann

11:00 a.m. E. H., ET AL. V. C. M., ET AL (2004-SC-542-DG)
"Domestic Relations. Grandparent Visitation. What is the proper standard by which trial courts are to make rulings on grandparent visitation in light of Troxel v. Granville, 530 U.S. 57, 120 S.Ct 2054, 147 L.Ed.2d 49 (2000); Scott v. Scott, Ky.App., 80 S.W.3d 447 (2002); and Vibbert v. Vibbert, Ky.App., 144S.W.3d 292 (2004)?"
Discretionary Review granted 10/13/2004
Jefferson Circuit Court, Judge Jerry J. Bowles
For Movants: Richard Bryan Gowin
For Respondents: Rocco J. Celebrezze and Jeffery L. Parrish

THURSDAY, JANUARY 12, 2006

9:00 a.m. OSBORNE, ET AL. V. CABINET FOR HEALTH SERVICES, ET AL.
(2004-SC-566-DG)
"Jails. Indigent Inmates. Psychotropic Medications. Which governmental entity is responsible for covering the expense of psychotropic medications, counties or the Commonwealth Cabinet for Health Services? KRS 441.045(3) and KRS 441.047(1)."
Discretionary review granted 3/9/2005
Franklin Circuit Court, Judge Roger Crittenden
For Movants: C. Thomas Hectus and Randall S. Strause
For Respondents: John Hunter Walker, David E. Fleenor, Wesley R. Butler, and Patrick W. McGee

10:00 a.m. COMMONWEALTH V. WALTHER (2005-SC-1-CL)
"Certification of the Law - Admission of certified copies of Breath Alcohol Maintenance Records."
Kenton Circuit Court, Judge Martin J. Sheehan
For Petitioner: Christopher S. Nordloh
For Respondent: Harry P. Hellings, Jr.

11:00 a.m. HOOFNEL V. SEGAL, ET AL. (2004-SC-381-DG
"Torts. Medical Battery. Issues include whether surgical procedures exceeded the scope of consent."
Discretionary review granted 2/9/2005
Jefferson Circuit Court, Judge Stephen K. Mershon
For Movant: Kevin C. Burke and Jason R. Segeleon
For Respondents: Gerald R. Toner, Donald K. Brown, Jr., and Cathleen Charters Palmer

FRIDAY, JANUARY 13, 2005

9:00 a.m. THACKER V. COMMONWEALTH (2003-SC-430-MR)
"First Degree Robbery, Possession of a Handgun by a Convicted Felon and First Degree Persistent Felony Offender - 20 years."
Hardin Circuit Court, Judge Kelly M. Easton
For Appellant: Euva D. May
For Appellee: Perry T. Ryan

10:00 a.m. COMMONWEALTH V. DAVIS, ET AL. (2004-SC-534-DG)
"Criminal Law. Waiver of Jury Trial. RCr 9.26(1). At issue is whether RCr 9.26(1) requires the Commonwealth's consent before the defendant may waive a jury trial when charged with a ("petty offense")."
Discretionary review granted 3/9/2005
Jefferson Circuit Court, Judge Denise Clayton
For Movant: Paul W. Richwalsky, Jr. and Christopher A. Melton
For Respondents: John H. Harralson, III, James Michael Green, and Wallace N. Rogers

11:00 a.m. HARRIS V. JACKSON (2004-SC-121-DG)
"Attorney's Duties Upon a Client's Death. Revival of Action Against an Estate. Where defense counsel was aware of the death of his client and counsel participated in mediation, discovery, a pre-trial conference and obtaining a trial date, the issues include: (1) was the defense attorney under a duty to disclose the death of the client to opposing counsel under the Rules of the Supreme Court; and (2) was the defense estopped by conduct of counsel from obtaining a dismissal based upon the plaintiff's failure to timely revive the suit within a year of the death of the defendant."
Discretionary review granted 1/12/2005
Christian Circuit Court, Judge John L. Atkins
For Movant: Andrew C. Self and W. Jonathan Sweeten
For Respondent: Norman E. Harned, Steven Craig Girsky, and Walter Gregory Harvey