ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: September 14, 2004

WEDNESDAY, OCTOBER 13, 2004

9:00 a.m. EVERLY V. COM. (2003-SC-257-DG)
"Criminal Law. Sexual abuse. Child witness. Issues include reviewing the propriety of a ‘circle of chairs' arrangement for the child to testify, i.e., not putting the child in the witness box, but rather putting the child in a chair in close proximity to the jury, including in the circle the judge, court reporter, prosecutor and defense counsel but excluding the defendant. Specific issues relating to the ‘circle of chairs' include alleged denial of both the right to confrontation and the right to consult with counsel as well as an argument regarding the necessity of a finding of KRS 421.350 ‘compelling need' for such an alternative"
Discretionary Review granted 12/11/2003
Bullitt Circuit Court, Judge Thomas Waller
For Movant: John Palombi
For Respondent: Courtney J. Hightower

10:00 a.m. COM. V. SOWELL (2003-SC-355-DG)
"Criminal Law. Misdemeanor. Dismissal without Prejudice. Issues include whether the KRS 500.050(2) statute of limitation for offenses other than felonies bars an attempt to ‘redocket' non-felony charges dismissed without prejudice over ten days earlier."
Discretionary Review granted 12/11/2003
Jefferson Circuit Court, Judge Geoffrey P. Morris
For Movant: Karl Price and Christopher A. Melton
For Respondent: J. David Niehaus

11:00 a.m. CITY OF BROMLEY, ET AL. V. SMITH (2003-SC-141-DG) and: SMITH, ET AL. V. CITY OF BROMLEY, ET AL. (2003-SC-144-DG)
"Local Government. Taxes. Constitutionality. Refunds. Class Action. Issues include whether a class may be certified for purposes of obtaining a refund, contrary to Bischoff v. City of Newport, Ky.App., 733 S.W.2d 762 (1987), as a result of subsequent legislative amendments to KRS 134.590 after the rendition of St. Ledger v. Revenue Cabinet, Ky., 912 S.W.2d 34 (1995)."
Discretionary Reviews granted 12/11/2003
Kenton Circuit Court, Judge Patricia M. Summe
For City of Bromley, et al.: Robert Kim Vocke, Robert Thomas Watson, Thomas J. Luber and Mitzi D. Wyrick
For Smith: Frank A. Wichmann

THURSDAY, OCTOBER 14, 2004

9:00 a.m. PARTS DEPOT, INC., ET AL. V. BEISWENGER (2002-SC-948-DG)
"KRS 337.385. Employment Law. Wage Dispute. Must an action seeking earned but unpaid wages plus liquidated damages and attorney fees, brought pursuant to KRS 337.385, be dismissed by the circuit court for lack of subject matter jurisdiction on the basis that the matter must first be heard by the Labor Cabinet pursuant to KRS Chapter 337?"
Discretionary Review granted 12/11/2003
Shelby Circuit Court, Judge William F. Stewart
For Movants: Mitzi D. Wyrick, Angela C. McCorkle, Ellen E. Boshkoff and
Kathy L. Osborn
For Respondent: Philip C. Kimball

10:00 a.m. YEAGER, ET AL. V. McLELLAN (2003-SC-180-DG)
"Real Estate Contract. Seller's Disclosure of Property Condition. Warranty. Merger Doctrine. Issues include whether a Seller's Disclosure of Property Condition document which is expressly incorporated into a contract for the purchase of real estate constitutes an express warranty which survives the buyer's acceptance of the deed, and whether material questions of fact exist as to whether the Seller's Disclosure of Property Condition misrepresented the condition of the property."
Discretionary Review granted 3-10-2004
Jefferson Circuit Court, Judge Geoffrey P. Morris
For Movants: David A. McCullough
For Respondent: Bruce A. Brightwell