ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: September 25, 2008

WEDNESDAY, NOVEMBER 19, 2008

9:00 a.m. MORROW V. COMMONWEALTH OF KENTUCKY (2007-SC-505-DG)
"Criminal Law. Entrapment. Instructions. At issue is whether the defendant must admit to criminal conduct in order to receive an entrapment instruction."
Discretionary Review granted 12/12/2007
McCreary Circuit Court, Judge Paul Braden
For Movant: Paul J. Neel, Jr.
For Respondent: Michael Louis Harned

10:00 a.m. BEAVER V. OAKLEY, ET AL. (2006-SC-813-DG)
"Workers' Compensation Act. Statutory Liability as Exclusive. "Up the Ladder" Defense. Issues include whether construction contractor is entitled to exclusive-liability defense under the Workers' Compensation Act, in negligence action brought by injured employee of another company."
Discretionary Review granted 12/12/2007
McCracken Circuit Court, Judge Craig Z. Clymer
For Movant: Bradley D. Harville
For Respondents: Mark H. Edwards and Richard Brent Vasseur

11:00 a.m. AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY V. HON. EDDY COLEMAN, JUDGE, ET AL. (2007-SC-239-OA)
AND
AMERICAN INTERNATIONAL SPECIALTY LINES INSURANCE COMPANY V. HON. EDDY COLEMAN, JUDGE, ET AL. (2007-SC-246-OA)
"Denial of a writ of prohibition and/or mandamus. Declaratory judgment action seeking a coverage determination."
Pike Circuit Court, Judge Eddy Coleman
For Movant: Bayard Vincent Collier, Raymond G. Smith, Edward H. Stopher and Scott Allen Davidson
For Respondents: Miller Kent Carter and Richard Eric Circeo

THURSDAY, NOVEMBER 20, 2008

9:00 a.m. COMMONWEALTH OF KENTUCKY V. McCOMBS (2007-SC-127-DG)
"Criminal Law. Double Jeopardy. Issues include: (1) whether double jeopardy protection precludes conviction of both first-degree burglary and fourth-degree assault when the same injury is used to prove both offenses; and (2) whether the physical-injury element of first-degree burglary implies a culpable mental state."
Discretionary Review granted 8/15/2007
Bullitt Circuit Court, Judge Thomas Waller
For Movant: Eric Griffin Farris and Jeffrey Allan Cross
For Respondent: Lee Renee Remington

10:00 a.m. BROWNLEE, ETC. ET AL. V. COMMONWEALTH OF KENTUCKY, KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION, ET AL. (2007-SC-126-DG)
"Unemployment Compensation. Administrative Procedure. Issues include whether employees who chose voluntary early retirement, with lump sum payment and benefits, are entitled to unemployment benefits."
Discretionary Review granted 1/16/2008
Hardin Circuit Court, Judge Kelly M. Easton
For Movants: David L. Huber and Michael D. Ekman
For Respondents: Randall K. Justice, Amy O'Nan Peabody, Mike C. Moulton, Jerry M. Coleman, Ryan Foster Quick and James T. Kelley

11:00 a.m. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT V. JOHNSON, ET AL. (2007-SC-294-DG)
"Ordinances. Constitution. Equal Protection. Issues include whether 1999 ordinance making certain retired government employees eligible for government's group health-insurance plan, with government contribution, excluded retirees who had opted out of continuing coverage without government contribution after retirement; and, if the 1999 ordinance did not exclude them, whether amended 2000 ordinance that did clearly exclude them was constitutional."
Discretionary Review granted 3/12/2008
Fayette Circuit Court, Judge Mary C. Noble
For Movant: Logan Barker Askew and Leslye Mercer Bowman
For Respondents: Everett Clay Hoffman and John Frith Stewart
(Note: Justice Noble is recused)

FRIDAY, NOVEMBER 21, 2008

9:00 a.m. KENTUCKY RETIREMENT SYSTEMS V. BOWENS (2007-SC-509-DG)
"Administrative Law. Kentucky Retirement Systems. Issues include whether opinions of treating physicians should be given greater weight than those of Medical Review Board physicians."
Discretionary Review granted 12/12/2007
Franklin Circuit Court, Judge Roger Crittenden
For Movant: Jennifer A. Jones, Brown J. Sharp II, James Eric Wampler, Michael Todd Butler, Katherine I. Rupinen, Leigh Ann Jordan and Brian C. Thomas
For Respondent: Michael S. Endicott

10:00 a.m. COMMONWEALTH OF KENTUCKY V. BAKER (2007-SC-347-CL)
"Certification of Law-Constitutionality of KRS 17.545, prohibiting registered sex offenders from residing within one thousand feet of a school, et al."
Kenton Circuit Court, Judge Martin J. Sheehan
For Petitioner: Christopher S. Nordloh and Jason Bradley Moore
For Respondent: Bradley Wayne Fox

11:00 A.M. MALONE V. KENTUCKY FARM BUREAU MUTUAL INSURANCE COMPANY (2007-SC-468-DG)
"Automobile Insurance. Underinsured Motorist Coverage. Settlements. Subrogation. Issues include whether notification to plaintiff's UIM carrier that plaintiff was "considering whether to accept" a specified offer of settlement and release by tortfeasor's liability insurer was sufficient to preserve plaintiff's UIM claim, where UIM carrier did not substitute payment of settlement amount within thirty days after notification and plaintiff proceeded to settle."
Discretionary Review granted 11/15/2007
McCracken Circuit Court, Judge R. Jeffrey Hines
For Movant: David Vance Oakes
For Respondent: Michael Darin Moore