SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: April 11, 2005

WEDNESDAY, MAY 11, 2005

9:00 a.m. IN RE: JUDICIAL ETHICS OPINION JE-106 (2004-SC-887-OA)
"SCR 4.300, Canon 5 (B)(1)(C)"
Counsel: -- William Fortune, James L. Bowling, Jean Collier
-- Thomas J. Marzen

10:00 a.m. COX V. COX (2003-SC-706-DG)
"Foreign Judgments. Jurisdiction. Issues include whether Kentucky court erred by
enforcing Texas divorce judgment pursuant to the Uniform Enforcement of Foreign Judgments Act (KRS 426.950 et seq.), where defendant Kentucky resident was served with Texas process in Kentucky but did not appear in Texas proceeding, and where
Texas judgment purported to impose lien on property located in Kentucky."
Discretionary review granted 10/13/2004
Boyle Circuit Court, Judge Darren Peckler
For Movant: Paul V. Hibberd
For Respondent: Adam Clayton Miller

THURSDAY, MAY 12, 2005

9:00 a.m. TAYLOR V. COM. (2003-SC-850-DG)
"Criminal Law. Miranda. Issues relate to whether handcuffed defendant's incrimination statements to police resulted from custodial interrogation prior to Miranda warnings."
Discretionary Review granted 8/18/2004
Fayette Circuit Court, Judge Thomas L. Clark
For Movant: V. Gene Lewter
For Respondent: David A. Smith

10:00 a.m. THOMPSON V. THOMPSON (2004-SC-62-DG)
"Domestic Relations. Child Support. At issue is whether circuit court in divorce action may retroactively modify amount of child support ordered by the district court in domestic violence order."
Discretionary Review granted 11/10/2004
Carter Circuit Court, Judge Samuel C. Long
For Movant: Arnold Scott Coburn
For Respondent: Robert W. Miller

11:00 a.m. COM. V. MITCHELL (2003-SC-927-DG)
"Criminal Law. Methamphetamine Trafficking. Expert Testimony. Prior Bad Acts. Issues include propriety of (1) prosecutor's ‘send a message' closing argument, (2) police detective's testimony regarding means of ingestion and physiological effects of methamphetamine, (3) police detective's testimony regarding defendant's prior drug activities, and (4) the Court of Appeals' determination of cumulative error."
Discretionary Review granted 9/16//2004
Floyd Circuit Court, Judge John David Caudill
For Movant: Dennis W. Shepherd
For Respondent: Joseph R. Lane and Ned Barry Pillersdorf

FRIDAY, MAY 13, 2005

9:00 a.m. COM. V. LEAP (2004-SC-138-DG)
"Criminal Law. Indictments. Mistrial. Vindictiveness."
Discretionary review granted 11/10/2004
Campbell Circuit Court, Judge Leonard L. Kopowski
For Movant: Susan Roncarti Lenz
For Respondent: Brenda Lynn Bonecutter-Tulley

10:00 a.m. HARRISON V. VALENTINI, M. D. (2004-SC-15-DG)
"Medical Negligence. Statute of Limitations. Issues include whether continuous treatment by a defendant doctor tolled the statute of limitations."
Discretionary Review granted 11/10/2004
Christian Circuit Court, Judge John L. Atkins
For Movant: Freeda M. Clark
For Respondent: Craig L. Johnson

11:00 a.m. BROWN, ET AL. V. INDIANA INSURANCE CO., ET AL. (2004-SC-65-DG)
SHELBY & FINCH GARDEN, LLC. V. INDIANA INSURANCE CO., ET AL. (2004-SC-67-DG)
CSX TRANSPORTATION, INC. INDIANA INSURANCE CO., ET AL. (2004-SC-70-DG)
O'BANION V. INDIANA INSURANCE CO., ET AL. (2004-SC-71-DG)
"Insurance. At issue in this appeal involving the proper construction of a business automobile liability insurance policy is whether the seasonal employees who were killed when the employer's truck in which they were riding collided with a train were ‘temporary workers' as that term is defined in the insurance policy."
Discretionary Reviews granted 10/13/2004
Shelby Circuit Court, Judge William F. Stewart
For Brown, et al.: C. Lewis Mathis, Jr., Nathan Riggs and T. Sherman Riggs
For Shelby & Finch Garden, et al.: C. Gilmore Dutton III, John C. Robinson, Benjamin M. Salyers, David J. Kellerman and Mark S. Fenzel
For CSX Transportation, Inc.: David R. Monohan and J. T. Blaine Lewis
For O'Banion: Glenn Alan Cohen, Carl D. Frederick and Paul Joseph Hershberg
For Akers: Donald L. Miller II and Christopher M. Mussler
For Indiana Insurance: Allan Weiss