2nd Revision 2/27/2007
Revised 2/22/2007

SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: February 1, 2007

WEDNESDAY, MARCH 14, 2007

9:00 a.m. DUNN V. FELTY (2005-SC-295-DG)
"False Arrest. Limitations. At issue is when the statute of limitations begins to run on a cause of action for false arrest and excessive force."
Discretionary review granted 11/16/2005
Jefferson Circuit Court, Judge Barry Willett
For Movant: Thomas E. Clay and Garry Richard Adams, Jr.
For Respondent: Lisa A. Schweickart

10:00 a.m. CAPE PUBLICATIONS, INC. D/B/A THE COURIER-JOURNAL V. UNIVERSITY OF LOUISVILLE FOUNDATION, INC.
(2005-SC-454-DG)
"Open Records Act. Issues include (1) whether the list of donors and the amounts given to the McConnell Center at the University of Louisville is exempt from disclosure, pursuant to KRS 61 .878(1)(a), and (2) application of the case-by-case balancing of the interest in public disclosure counterpoised to privacy interests."
Discretionary review granted 12/14/2005
Jefferson Circuit Court, Judge Stephen K. Mershon
For Movant: Jon L. Fleischaker, R. Kenyon Meyer, and Jeremy Stuart Rogers
For Respondent: T. Kennedy Helm, III and Michael D. Risley

THURSDAY, MARCH 15, 2007

9:00 a.m. COMMONWEALTH V. PERRY (2005-SC-521-CL)
Certification of the Law - KRS 514.070
Jefferson Circuit Court, Judge F. Kenneth Conliffe
For Petitioner: Teresa Young
For Respondent: Daniel T. Goyette, Frank Wm. Heft, Jr., and Carolyn Dawn McMeans

10:00 a.m. FURNISH V. COMMONWEALTH (2004-SC-387-MR)
"Death Penalty - Retrial of penalty phase of the trial."
Kenton Circuit Court, Judge Douglas M. Stephens
For Appellant: Randall L. Wheeler and Karen Maurer
For Appellee: Louis F. Mathias, Jr. and Michael A. Nickles

FRIDAY, MARCH 16, 2007

9:00 a.m. JONES V. COMMONWEALTH (2005-SC-879-DG)
"Criminal Law. Evidence. Discovery. Issues include whether trial court improperly limited testimony by defendant's expert scientific witness due to a discovery violation; and whether pornographic materials seized from defendant and admitted into evidence were irrelevant, improper as "other bad acts" evidence, and more prejudicial than probative."
Discretionary review granted 5/10/2006
Meade Circuit Court, Judge Sam Monarch
For Movant: Alec G. Stone
For Respondent: William Robert Long, Jr.

10:00 a.m. COMMONWEALTH V. BROWN (2004-SC-553-DG) AND (CROSS-MOTION) BROWN V. COMMONWEALTH (2006-SC-160-DG)
"Criminal Law. Search. Issues relate to whether circumstances observed by police were sufficiently corroborative of information provided by an anonymous tipster to justify an investigatory stop.
Discretionary review granted 2/15/2006 and 4/12/2006
Fayette Circuit Court, Judge John R. Adams
For Movant/Cross-Respondent: Todd D. Ferguson
For Respondent/Cross-Movant: Donald P. Cetrulo

11:00 A.M. STEEL TECHNOLOGIES, INC. V. CONGLETON
(2005-SC-551-DG)
"Punitive Damages. Damages for Pre-Impact Fear. Issues include whether damages are recoverable for fright and mental distress occurring prior to the impact which causes physical injury, whether an award for punitive damages was proper and, if so, whether the amount awarded was excessive."
Discretionary review granted 3/15/2006
Gallatin Circuit Court, Judge Stanley Billingsley
For Movant: Charles S. Cassis and Stockard R. Hickey, III
For Respondent: Meredith L. Lawrence
(Note: Justice Minton is recused)