ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: March 21, 2006

WEDNESDAY, MAY 10, 2006

9:00 a.m. COMMONWEALTH V. FIELDS (2004-SC-417-DG)
"Criminal Law. Search and Seizure. Warrantless Arrest. Search Incident to Arrest. Issues include whether warrantless arrest for criminal trespass in the third degree was lawful under the circumstances, making admissible the evidence seized from defendant's person during search incident to the arrest."
Discretionary review granted 2/9/2005
Fayette Circuit Court, Judge Thomas L. Clark
For Movant: Todd D. Ferguson
For Respondent: V. Gene Lewter

10:00 a.m. DAVIS V. CITY OF WINCHESTER, ET AL. (2004-SC-820-DG)
"Malicious Prosecution. Evidence. Issues include whether the trial court properly could preclude the plaintiff from putting into evidence the fact that all criminal charges were dismissed and instead simply not give an instruction concerning whether the plaintiff achieved a favorable result in the criminal case."
Discretionary review granted 5/11/2005
Clark Circuit Court, Judge William T. Jennings
For Movant: Charles W. Curry and William C. Jacobs
For Respondents: Jeffrey C. Mando, Jason Charles Kuhlman, and Shelby C. Kinkead, Jr.

11:00 a.m. HIATT V. CLARK, JUDGE, FAYETTE CIRCUIT COURT, ET AL. (2005-SC-455-MR)
"Denial of writ of mandamus - Former client's entitlement to trial attorney's work product."
For Appellant: Sarah J. Jost Nielsen
For Appellees: Raymond Larson and Kimberly Henderson Baird