ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: January 24, 2006

WEDNESDAY, MARCH 15, 2006

9:00 a.m. COMMONWEALTH V. HATCHER (2004-SC-242-DG)
"Criminal Law. Search and Seizure. Issues include the sufficiency of the evidence to support a trial court finding of probable cause for police belief that a distinctive pipe, observed in plain view, was "drug paraphernalia" within the meaning of KRS 218A.500."
McCracken Circuit Court, Judge Craig Z. Clymer
For Movant: James Havey
For Respondent: Thomas M. Ransdell

10:00 a.m. GENERAL ELECTRIC COMPANY V. CAIN, ET AL. (2004-SC-43-DG)
"Employment Law. Contractor. Injury of Workmen. Up-the-Ladder Employer. Issues include (1) the proof required to show that workers' compensation insurance was obtained to cover employees of a contractor, and (2) whether the work performed by the contractor was a "regular or recurrent" part of the employer's business."
Discretionary Review granted 2/9/2005
Jefferson Circuit Court, Judge Denise Clayton
For Movant: Scott T. Dickens
For Respondents: Kenneth L. Sales, Joseph D. Satterley, and Paul Jason Kelley

11:00 a.m. REHM, ET AL. V. NAVISTAR INTERNATIONAL CORPORATION, ET AL. (2005-SC-242-DGE)
"Employment Law. Contractor. Injury of Workmen. Up-the-Ladder Employer. Issues include (1) the proof required to show that workers' compensation insurance was obtained to cover employees of a contractor, and (2) whether the work performed by the contractor was a "regular or recurrent" part of the employer's business."
Discretionary Review granted 11/16/2005
Jefferson Circuit Court, Judge John Woods Potter
For Movants: Kenneth L. Sales, Joseph D. Satterley, and Paul Jason Kelley
For Respondents: James Joseph Montgomery, Wendell S. Roberts, J. Mark Grundy, William D. Grubbs, Lisa Catherine Dejaco, Walter M. Jones, Angela C. McCorkle, Byron N. Miller, Scott T. Dickens, Scott A. Davidson, Rebecca F. Schupbach, John Bryon Moore, and Rosemary D. Welsh

THURSDAY, MARCH 16, 2006

9:00 a.m. RAINEY V. COMMONWEALTH (2005-SC-185-DG)
"Criminal Law. Search of an Automobile as Incident to an Arrest. Issues include (1) may a search of a vehicle be upheld as incident to an arrest, when the arrested individual had been a recent occupant of a vehicle but was some distance from it when approached and arrested by police, and (2) what is the meaning/limits of the term" recent occupant"?"
Discretionary Review granted 11/16/2005
Jefferson Circuit Court, Judge Denise Clayton
For Movant: Kevin C. Burke and Keith E. Kamenish
For Respondent: Teresa Young

10:00 A.M. PENMAN V. COMMONWEALTH (2004-SC-726-MR)
"Four counts of first-degree trafficking in a controlled, second or subsequent offense, and one count of first-degree possession of a controlled substance, second or subsequent offense - 45 years."
Jessamine Circuit Court, Judge C. Hunter Daugherty
For Appellant: Shelly R. Fears
For Appellee: George G. Seelig

11:00 a.m. FLETCHER V. GRAHAM, ET AL. (2005-SC-1009-MR)
"Appeal from denial of writ."
Franklin Circuit Court, Judge William L. Graham
For Appellant: Sheryl G. Snyder, Thomas P. O'Brien, III, James L. Deckard and Jason Patrick Renzelmann
For Appellees: William L. Graham, Pierce Butler Whites, Janet M. Graham, Scott C. Sutherland, and Jennifer B. Hans

FRIDAY, MARCH 17, 2006

9:00 a.m. BIXLER V. COMMONWEALTH (2004-SC-215-MR)
"Murder and theft by unlawful taking - 29 years."
Shelby Circuit Court, Judge William F. Stewart
For Appellant: Randall L. Wheeler
For Appellee: Michael Harned and Samuel J. Floyd, Jr.

10:00 a.m. FOSTER V. KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY, ET AL. (2004-SC-461-DG)
"Insurance. No Fault. Wage Loss Benefits. Issues include (1) whether an MVRA insurer may delay making payment for no-fault wage loss benefits, in order to investigate a situation where the claimant was simultaneously receiving unemployment benefits and thus holding herself out as able to work, and (2) are sanctions for the improper handling by an insurer of no-fault benefit claims limited to those found in KRS 304.39-210 and KRS 304.39-220, or may punitive damages also be sought."
Discretionary Review granted 3/9/2005
Jefferson Circuit Court, Judge Stephen K. Mershon
For Movant: Carl D. Frederick and Paul Joseph Hershberg
For Respondents: William Clifton Travis

11:00 a.m. RAGLAND V. DIGIURO (2004-SC-560-DG)
"Limitations. Wrongful Death. In a wrongful death action based upon murder, issues relate to whether the statute of limitations is tolled until after the alleged perpetrator is convicted."
Discretionary Review granted 4/13/2005
Fayette Circuit Court, Judge Laurance B. Van Meter
For Movant: J. Guthrie True
For Respondent: F. Thomas Conway and Nicole Hou Wen Pang