SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: April 13, 2004

MONDAY , MAY 10, 2004

1:30 p.m. ST. CLAIR V. COM. (2001-SC-209-MR)
"Death Penalty"
Hardin Circuit Court, Judge Janet P. Coleman
For Appellant: Donna Boyce and Steve Mirkin
For Appellee: David A. Smith, Tami Allen Stetler and Brian T. Judy

WEDNESDAY , MAY 12, 2004

9:00 a.m. MATHENEY V. COM. (2002-SC-920-MR)
"Whether appellant's failure to object to the manufacturing methamphetamine instruction is reviewable, under RCr 10.26, as palpable error which affects appellant's substantial rights; and whether an appellate court's determination that the evidence is insufficient to support a verdict on a greater offense constitutes a double jeopardy bar to subsequent prosecution for lesser-included offenses that were supported by the evidence but not included in instructions to the jury."
Hopkins Circuit Court, Judge Charles W. Boteler, Jr.
For Appellant: David T. Eucker
For Appellee: Gregory C. Fuchs and Elizabeth A. Heilman

10:00 a.m. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, ET AL. V. DORA SMOLCIC, ET AL. (2002-SC-958-DG) and: DORA SMOLCIC JURDANA, ET AL. V. CARA RODGERS, ET AL. (2002-SC-972-DG)
"Qualified Official Immunity. Suit against government employees, as individual defendants. Issues include (1) whether an employee's duties are discretionary or ministerial, and (2) whether this determination is a question of fact or a question of law subject to de novo review."
Discretionary Reviews granted 9/10/2003
Fayette Circuit Court, Judge Lewis G. Paisley
For Movants/Cross-respondents: Leslye M. Bowman and Tracy W. Jones
For Respondents/Cross-movants: E. Douglas Stephan, Bryan H. Beauman, Guy Colson, Elizabeth S. Feamster and Andrew N. Clooney

l1:00 a.m. PARKS V. COM. (2003-SC-305-MR)
"Manufacturing methamphetamine and possession of anhydrous not in proper container and for the purpose of manufacturing methamphetamine - PFO 2nd - 40 years."
Grayson Circuit Court, Judge Sam Monarch
For Appellant: John T. McCall and Christopher F. Polk
For Appellee: Dennis W. Shepherd

THURSDAY , MAY 13, 2004

9:00 a.m. RAGLAND V. COM. (2002-SC-388-MR) and (2003-SC-84-TG)
"Murder - 30 years"
Fayette Circuit Court, Judge Thomas L. Clark
For Appellant: William E. Johnson, J. Guthrie True and Jerry L. Wright
For Appellee: Connie Vance Malone and Matthew D. Nelson

10:00 a.m. FANKHAUSER, ET AL. V. COBB, ET AL. (2002-SC-368-DG) and: COBB V. FANKHAUSER, ET AL. (2003-SC-396-DG)
"Education. KRS 161.790. In a middle school principal's appeal of her termination, issues on discretionary review include whether a three-member tribunal appointed pursuant to KRS 161.790 has the authority to reduce the sanction imposed by the superintendent, and if so, whether the tribunal erred in doing so; and whether the hearing officer erred in submitting instructions to the tribunal and in being present during the tribunal's deliberations. At issue on cross-motion is whether there is substantial evidence of record to support the former principal's termination from the position of classroom teacher."
Discretionary Reviews granted 5-15-2003 and 8-13-2003
Fayette Circuit Court, Judge Thomas L. Clark
For Movants/Cross-respondents, et al.: Robert L. Chenoweth, John C. Fogle III, Kevin M. Noland and Jeffrey S. Walther
For Respondents/Cross-movant.: J. Dale Golden, Kathryn Holland Dunnigan, Kevin M. Noland and Jeffrey S. Walther

11:00 a.m. WELCH V. COM. (2002-SC-645-MR)
"Transfer of juvenile offender for trial as an adult for two sexual offenses - Suppression of statements made in a juvenile sexual offender program."
Boyle Circuit Court, Judge Darren Peckler
For Appellant: Timothy G. Arnold
For Appellee: Elizabeth A. Heilman

FRIDAY , MAY 14, 2004

9:00 a.m. LWD EQUIPMENT, INC., ET AL. V. REVENUE CABINET, COM. (2002-SC-329-DG) and REVENUE CABINET, COM. V. LWD EQUIPMENT, INC., ET AL. (2003-SC-318-DG)
"Taxation. Sales and Use Tax. Occasional Sales. Issues include whether corporation's regular leasing of equipment to sister corporations amounted to a series of tax-exempt ‘occasional sales' within the meaning of KRS 139.070; and whether corporation's petition of appeal to circuit court complied with statutory procedural requirements."
Discretionary Reviews granted 4-17-2003 and 8-13-2003
Franklin Circuit Court, Judge Roger Crittenden
For Movants/Cross-respondents: John B.Baughman and C. Christopher Trower
For Respondents/Cross-movants: Thomas J. Hodge

10:00 a.m. CABINET FOR FAMILIES AND CHILDREN, ET AL. V. CUMMINGS, ET AL.
(2002-SC-788-DG; and: GARRISON, ET AL. V. CUMMINGS, ET AL.
(2002-SC-791-DG); and: CUMMINGS, ET AL. V. GARRISON, ET AL.
(2003-SC-456-DG)
"Whistleblower Act. Issues include whether the KRS 61.101(2) definition of ‘employer' of a tenured university professor includes not only the university but also individual supervisory employees of the university and/or the administrative agency(and/or that agency itself) which controlled the details of the professor's performance under the terms of a grant for assessment of welfare reform?"
Discretionary Reviews granted 6-4-2003 and 9-10-2003
Jefferson Circuit Court, Judge John Woods Potter
For Cabinet For Families And Children, et al.: Jonathan Goldberg, Jan M. West, Nora K. McCormick and Katherine A. Kingren
For Scott Cummings, et al.: Priscilla S. Diamond, David A. Friedman, William B. Pettus, Donna King Perry and Elizabeth N. Monohan