ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: March 27, 2009

WEDNESDAY, MAY 13, 2009

9:00 a.m. COMMONWEALTH OF KENTUCKY V. TERRY (2007-SC-796-DG)
"Criminal Law. Waiver of Counsel. Issues include whether Faretta requirements were met after defendant refused to allow appointed counsel to represent him."
Discretionary Review granted 8/13/2008
Jefferson Circuit Court, Judge Martin F. McDonald
For Movant: James Coleman Shackelford
For Respondent: Julia Karol Pearson

10:00 a.m. MPM FINANCIAL GROUP, INC. V. MORTON (2007-SC-652-DG)
"Applicability of federal bankruptcy exemptions to non-bankruptcy debtors. KRS 427.170."
Discretionary Review granted 8/13/2008
Fayette Circuit Court, Judge James D. Ishmael, Jr.
For Movant: Carroll Morris Redford, III, and Susan Yuk Wo Chun
For Respondent: Charles William Arnold

11:00 a.m. CANTRELL, ET AL. V. ASHLAND OIL, INC., ET AL. (2006-SC-763-DG)
AND (CROSS-MOTION) ASHLAND OIL, INC., ET AL. V. CANTRELL, ET AL.
(2007-SC-818-DG)
"Environmental Contamination. Evidence. Damages. Instructions. Statute of Limitations. In action by landowners against oil-drilling company alleging contamination of surface and water, issues include whether certain claims were improperly dismissed as time-barred; whether on remaining claims trial court improperly excluded evidence from plaintiffs' expert and lay witnesses; whether instructions to jury were erroneous; whether damages were no more than "stigma" damages for which there could be no recovery; and whether defendants were entitled to judgment as a matter of law."
Discretionary Review granted 10/24/2007 and 12/12/2007
Johnson Circuit Court, Judge Stephen Frazier
For Movants/Cross Respondents: Joseph R. Lane and Ned Barry Pillersdorf
For Respondents/Cross Movants: Anne Adams Chesnut, Michael J. Schmitt, Phillip D. Scott and Brian Michael Johnson
(Note: Justice Wilfrid Schroder and Justice Will T. Scott are recused --
Special Justices Patrick E. Price and Paul W. Blair sitting)
(Rescheduled from February 13, 2009)

THURSDAY, MAY 14, 2009

9:00 a.m. PETZOLD, ET AL. V. KESSLER HOMES, INC. (2008-SC-106-DG)
"CR 60.02. Motion for relief from final judgment. Retroactive disqualification of a judge."
Discretionary Review granted 10/15/2008
Fayette Circuit Court, Judge Pamela Goodwine
For Movants: William W. Allen and Lori Beth Shelburne
For Respondent: Albert F. Grasch, Jr.

10:00 a.m. HANEY V. MONSKEY (2008-SC-337-DG)
"Qualified Official Immunity. Issue is whether a counselor for the Louisville Zoo's children's camp was performing ministerial or discretionary function when carrying out the "night hike" activity with a group of children."
Discretionary Review granted 10/15/2008
Jefferson Circuit Court, Judge Geoffrey P. Morris
For Movant: Stephen Perry Durham
For Respondent: Robert L. Heleringer

11:00 a.m. BROWN V. COMMONWEALTH OF KENTUCKY (2006-SC-654-MR)
"Death Penalty. Murder, First Degree Robbery and First Degree Burglary."
Warren Circuit Court, Judge James G. Weddle
For Appellant: Donna Lynn Boyce and Emily Holt Rhorer
For Appellee: David Wayne Barr and William Robert Long, Jr.

FRIDAY, MAY 15, 2009

NO ORAL ARGUMENTS