ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: October 4, 2005           REVISED: October 4, 2005

MONDAY, OCTOBER 10, 2005

2:00 p.m. WARREN P. ROGERS, ET AL. V. LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT, ET AL. (2005-SC-748-I)
"CR 65.09 - Motion for Interlocutory Relief."
For Appellants: Robert E. Wier, Lindsey W. Ingram, Jr., William M. Lear, Jr., Steven B. Loy and Hanly Acton Ingram
For Appellees: Mary Ann Delaney, David L. Holmes, Leslye M. Bowman, David Jeffrey Barberie, Julius Rather, Edwin Foster Ockerman, Jr., William R. Garmer and Jane E. Graham

WEDNESDAY, OCTOBER 12, 2005

9:00 a.m. MOORE V. COM. (2004-SC-550-DG)
"Criminal Law. Post-conviction Relief. Belated Appeals. Issues include whether belated appeals are available from collateral proceedings in criminal cases."
Discretionary review granted 10/13/2004
Daviess Circuit Court, Judge Henry M. Griffin
For Movant: Margaret Foley Case and Joseph Ray Myers
For Respondent: George G. Seelig

10:00 a.m. HAWKINS V. COM. (2004-SC-552-DG)
"Criminal Law. Post-conviction Relief. Belated Appeals. Issues include whether belated appeals are available from collateral proceedings in criminal cases."
Discretionary review granted 10/13/2004
Wolfe Circuit Court, Judge Larry Miller
For Movant: Dennis James Burke and Richard E. Neal
For Respondent: Michael Harned

11:00 a.m. HILLTOP BASIC RESOURCES, INC. ET AL., V. COUNTY OF BOONE, KY., ET AL. (2003-SC-1052-DG) AND COUNTY OF BOONE, KY., ET AL V. HILLTOP BASIC RESOURCES, INC., ET AL. (2004-SC-3-DG)
"Planning and Zoning. Re-zoning. Legislative Body. Judicial Review. Issues include whether and to what extent the votes of members of a legislative body rejecting the planning commission's recommendation to approve a proposed zoning-map amendment are subject to judicial scrutiny for bias; and, if a sufficient number of votes are discounted for bias, whether the amendment is effectuated by operation of the "deemed approved" provision of KRS 100.211."
Discretionary review granted 10/13/2004
Boone Circuit Court, Judge Joseph Bamberger
For Movants/Respondents: William T. Robinson, III, Paul B. Whitty and Luann Devine
For Respondents/Movants: Jeffrey C. Mando and Mary Ann Stewart

THURSDAY, OCTOBER 13, 2005

9:00 a.m. KEITH V. HOPPLE PLASTICS, ET AL. (2004-SC-451-WC)
"Workers' Compensation - Constitutionality of KRS 342.730(4)."
For Appellant: James Russell Garvin
For Appellee: Walter A. Ward, James Owen Fenwick, III., William P. Emrick and R. Scott Borders

10:00 a.m. EPPERSON V. COM. (2003-SC-595-MR)
"Two counts Murder, First degree Robbery, First degree Burglary - Death Penalty."
Warren Circuit Court, Judge Thomas R. Lewis
For Appellant: Randall L. Wheeler and Julia K. Pearson
For Appellee: Ian G. Sonego