ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: February 9, 2004

WEDNESDAY , MARCH 10, 2004

9:00 a.m. GRAYSON CO. BOARD OF EDUCATION V. CASEY (2003-SC-208-DG)
"Government Immunity. Does KRS 160.310 satisfy the ‘overwhelming implications' standard for an implied waiver of a school board's governmental immunity?"
Discretionary Review granted 10-15-2003
Grayson Circuit Court, Judge Sam Monarch
For Movant: Matthew C. Hess
For Respondent: Max S. Hartz

10:00 a.m. COSBY V. COM. (2002-SC-806-DG)
"Criminal Law. Sentencing. Where criminal defendant is convicted for an offense, remains free on bail pending sentencing, and commits another offense in the interim, does the ‘while awaiting trial' provision of KRS 533.060(3) apply to require consecutive sentences for the respective offenses?"
Discretionary Review granted 8-13-2004
Jefferson Circuit Court, Judge F. Kenneth Conliffe
For Movant: Frank William Heft, Jr.
For Respondent: Samuel J. Floyd, Jr.

11:00 a.m. LEXINGTON FAYETTE COUNTY FOOD & BEVERAGE ASSN. V. LEXINGTON FAYETTE COUNTY URBAN GOVERNMENT, ET AL. (2003-SC-978-TG) AND
(2003-SC-990-I)
"Validity of local smoking ban ordinance."
Transfer granted 12-10-2003
Fayette Circuit Court, Judge Laurance B. Van Meter
For Appellants: John W. Walters and Michael T. Davis
For Appellees: Theresa L. Holmes, Leslye M. Bowman, Margaret A. Miller,
Phillip D. Scott and David Austin French

THURSDAY , MARCH 11, 2004

9:00 a.m. ELK HORN COAL CORP. V. CHEYENNE RESOURCES, INC., ET AL.
(2002-SC-743-DG)
"Appellate Procedure. 10% penalty for seeking further review after an opinion is rendered. Constitutionality. KRS 26A.300."
Discretionary Review granted 8-13-2003
Floyd Circuit Court, Judge John David Caudill
For Movant: Virginia Hamilton Snell, Richard C. Ward, Penny R. Warren
and Deborah H. Patterson
For Respondent: Bruce E. Cryder and David Austin French

10:00 a.m. ST. CLAIR V. COM. (2001-SC-209-MR)
"Death Penalty"
Hardin Circuit Court, Judge Janet P. Coleman
For Appellant: Julie Namkin
For Appellee: David A. Smith, Tami Allen Stetler and Brian T. Judy

FRIDAY , MARCH 12, 2004

9:00 a.m. COMMONWEALTH OF KY, KY COMMISSION ON HUMAN RIGHTS V. PENDENNIS CLUB, INC., ET AL. (2002-SC-508-DG)
"KRS 141.010 - Investigation of private clubs by the Kentucky Commission on Human Rights for tax code purposes."
Discretionary Review granted 9-10-2003
Jefferson Circuit Court, Judge F. Kenneth Conliffe
For Movant: D. Brent Irvin and Morgan G. Ransdell
For Respondents: D. Patton Pelfrey, Robert W. Dibert, John O. Sheller,
Richard G. Griffith and Jeffrey J. Chapuran

10:00 a.m. COLLINS V. COM. (2002-SC-926-DG)
"Criminal Law. Search and Seizure. Investigatory stop made on the basis of an anonymous tip. Did the police have sufficient information to make the initial stop? Application and analysis of Florida v. J.L., 529 US. 266, 120 S.Ct. 1375, 146 L.Ed.2d 254 (2000), and Alabama v. White, 496 U.S. 325,110 S.Ct. 2412, 110 L.Ed.2d 301 (1990). (2) Whether the record supported the trial court's findings."
Discretionary Review granted 8-13-2003
Grant Circuit Court, Judge Stephen L. Bates
For Movant: Steven N. Howe
For Respondent: James Havey and Matthew D. Nelson