ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: April 17, 2006

WEDNESDAY, JUNE 7, 2006

9:00 a.m. WILLIAMS V. COMMONWEALTH (2003-SC-319-MR)
"Unlawfully prescribing a controlled substance - 20 years."
Lewis Circuit Court, Judge Lewis D. Nicholls
For Appellant: Margaret Foley Case and Bryan Keith Underwood
For Appellee: Jeffrey A. Cross

10:00 a.m. STORM (F/K/A MULLINS) V. MULLINS, ET AL. (2006-SC-8-DGE)
"Adoptions. KRS 199.540(2). Issues involve validity and application of the one-year time limit regarding collateral attacks on adoptions entered without compliance with statutory prerequisites."
Discretionary review granted 3/15/2006
Floyd Circuit Court, Judge Julie Paxton
For Movant: Stephen L. Hogg
For Respondents: Jimmy C. Webb and John T. Chafin

11:00 a.m. COMMONWEALTH V. SEARS (2004-SC-738-DG)
"Criminal Law. Controlled Substances. Practitioners. Prescriptions. Issues include whether a licensed practitioner may properly be indicted under KRS 218A.1404, as opposed to being charged under KRS 218A.180, for allegedly illegally prescribing a controlled substance."
Discretionary review granted 4/13/2005
Whitley Circuit Court, Judge Jerry D. Winchester
For Movant: Dennis W. Shepherd
For Respondent: Darrell L. Saunders

THURSDAY, JUNE 8, 2006

9:00 a.m. O'BRYAN V. CAVE (2004-SC-407-DG) AND
(CROSS-MOTION) CAVE V. O'BRYAN (2005-SC-118-DG)
"Legal Malpractice. Summary Judgment. Issues in this legal malpractice action brought by the beneficiary of an estate against the attorney for the estate planning client include (1) whether an attorney owes a duty of care to the intended beneficiaries of the estate planning client, notwithstanding a lack of privity; and (2) whether genuine issues of material fact were shown as to the legal advice provided by the attorney to the estate planning client."
Discretionary review granted 2/9/2005 and 4/13/2005
Jefferson Circuit Court, Judge F. Kenneth Conliffe
For Movant/Cross-Respondent: Eugene L. Mosley and Michael Thomas Underwood
For Respondent/Cross-Movant: David S. Sprawls and Melissa L. Rodden

10:00 a.m. CITY OF LOUISVILLE V. FIRE SERVICES MANAGERS
(2004-SC-443-DG)
"Labor Law. Salary Basis Test. Overtime Pay. The issue is whether the District Chiefs of the Louisville Fire Department are salaried supervisory employees and thus not entitled to overtime pay."
Discretionary review granted 4/13/2005
Jefferson Circuit Court, Judge Thomas Wine
For Movant: Edwin S. Hopson, Mitzi D. Wyrick and Lisa Catherine DeJaco
For Respondent: Kenneth L. Sales and Paul Jason Kelley

11:00 a.m. CROUCH V. CROUCH (2005-SC-761-DGE)
"Child Custody. In this case concerning an agreed change of residence between joint custodians "until further Orders of the Court, " issues include whether custody modification after a 17-month change of residence was governed by KRS 403.270 or KRS 403.340."
Discretionary review granted 12/14/2005
Boyd Circuit Court, Judge C. David Hagerman
For Movant: Jeffrey L. Preston
For Respondent: Michael L. Judy

FRIDAY, JUNE 9, 2006

9:00 a.m. STONE V. COMMONWEALTH (2004-SC-690-MR)
"First degree trafficking in controlled substance, second offense - 20 years."
Nelson Circuit Court, Judge Larry Raikes
For Appellant: Shannon Dupree
For Appellee: James Havey

10:00 a.m. MOHAMMAD V. COMMONWEALTH (2004-SC-875-DG)
"Criminal Law. Carrying a Concealed Deadly Weapon. Glove Compartment Exception. The issue is whether the glove compartment exception in KRS 527.020(8) applies to factory-installed center consoles."
Discretionary review granted 5/11/2005
Jefferson Circuit Court, Judge Stephen P. Ryan
For Movant: Larry D. Simon
For Respondent: David A. Sexton, Karl Price and Christopher A. Melton

11:00 a.m. REVENUE CABINET, COMMONWEALTH OF KENTUCKY V. GTE SOUTH, INC., N/K/A VERIZON SOUTH, INC. (2004-SC-519-DG) AND (CROSS- MOTION) GTE SOUTH, INC. N/K/A VERIZON SOUTH, INC. V. REVENUE CABINET, COMMONWEATLH OF KENTUCKY (2005-SC-223-DG)
"Taxation. Notice of Assessment. Timeliness. Refunds. Issues include whether the Revenue Cabinet, in assessing additional tax against taxpayer following an audit, complied with the time and notice requirements of KRS 139.620(1); and, if collection of the assessment is barred, whether and to what extent it may withhold, toward satisfaction of the assessment, refund amounts which may be due for a lesser period included within the audit period."
Discretionary review granted 3/9/2005 and 5/11/2005
Franklin Circuit Court, Judge William L. Graham
For Movant/Cross-Respondent: Stephen G. Dickerson
For Respondent/Cross-Movant: Bruce F. Clark and Erica L. Horn