ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: December 4, 2006

THURSDAY, JANUARY 18, 2007

9:00 a.m. VAUGHN V. COMMONWEALTH, (2005-SC-22-DG)
"Criminal Law. KRE 608. At issue in this case, tried under the previous version of KRE 608, is whether a child's school can be considered her "community" when the witness's reputation in the community for truthfulness is attacked."
Discretionary Review granted 8/17/2005
Kenton Circuit Court, Judge Douglas M. Stephens
For Movant: Linda Roberts Horsman
For Respondent: Louis F. Mathias, Jr.

10:00 a.m. COMMONWEALTH V. YORK (2005-SC-348-DG)
"Criminal Law. Ineffective Assistance of Counsel. RCr 11 .42. Failure to Retain Expert Witness. Issues relate to whether defense counsel's decision to forgo retention of an expert witness and rely on the testimony of local doctors in proving victim's cause of death constitutes ineffective assistance of counsel."
Discretionary review granted 11/16/2005
Russell Circuit Court, Judge Vernon Miniard, Jr.
For Movant: Michael Harned
For Respondent: Richard E. Neal
** Note: Justice Minton is recused **

11:00 a.m. WHITE, ET AL. V. WESTERN KENTUCKY UNIVERSITY, ET AL. (2005-SC-451-DG) AND WKY STUDENT LIFE FOUNDATION, INC. V. AUTRY, ET AL. (2005-SC-480-DG)
"Governmental and Official Immunity. Agency. Negligence. In wrongful death action brought by estate of university student assaulted, raped, and set on fire in her dormitory room, issues primarily relate to governmental and official immunity claimed by university, its employees, and non-stock, non-profit corporation which holds legal title to dormitory property managed by university."
Discretionary Review granted 1/11/2006
Warren Circuit Court, Judge Steve Alan Wilson
For Donnie Autry and Virginia White: Benjamin D. Crocker and Joseph Kirwan
For Western Kentucky University, et al.: Gregory N. Stivers, Scott Donald Laufenberg
For WKU Student Life Foundation, Inc.: Charles E. English, Jr.
For Other Respondents: Joe B. Campbell and Reford H. Coleman
** Note: Justice Minton is recused **

FRIDAY, JANUARY 19, 2007

9:00 a.m. BANK ONE, KENTUCKY, N.A. V. LONGMEYER, (2005-SC-313-DG)
"Trusts. Fiduciary Duty. Issues include whether a former trustee had a fiduciary duty to inform charities removed as beneficiaries of a trust that the trust had been revised under circumstances suggesting undue influence."
Discretionary Review granted 8/17/2005
Jefferson Circuit Court, Judge Lisabeth Hughes Abramson
For Movant: R. Greg Hovious and John David Dyche
For Respondent: Frank P. Doheny, Jr. and Michael M. Hirn

10:00 a.m. SCHMIDT V. LEPPERT, JR., ET AL. (2005-SC-555-DG)
"Insurance. Subrogation. Issues include the proper interpretation of various statutory provisions of the insurance code relating to subrogation claims for payment of basic reparation benefits (BRB) asserted against out-of-state tortfeasors with no BRB coverage, who are insured by carriers not licensed to do business in Kentucky."
Discretionary review granted 3/15/2006
Jefferson Circuit Court, Judge Lisabeth Hughes Abramson
For Movant: Mary Jo Wetzel, David Keith Pulliam, and Valerie Denise Kessler
For Respondents: Robert E. Barnett, III and Kenneth E. Dunn

11:00 a.m. COMMONWEALTH V. MCKENZIE (2005-SC-257-DG)
"Criminal Law. Complicity. Amendment of Indictment. Issues relate to whether the defendant was prejudiced by the amendment, during trial, of the indictment charging the defendant as a principal actor to include a complicity theory; and whether the defendant's conviction under the complicity instruction barred defendant's retrial under the principal actor theory."
Discretionary Review granted 2/15/2006
Campbell Circuit Court, Judge William J. Wehr
For Movant: David A. Smith
For Respondent: Kathleen K. Schmidt
** Note: Justice Minton is recused **