Revised 7/21/2005
Second Revision 9/8/2005

SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: July 12, 2005

WEDNESDAY, SEPTEMBER 14, 2005

9:00 a.m. POWELL V. COM. (2003-SC-266-DG)
"Criminal Law. Reckless Homicide. Sufficiency of Evidence. Where defendant injected another person with methamphetamine and person died due to methamphetamine intoxication, was evidence insufficient to support conviction for reckless homicide?"
Discretionary review granted 6/9/2004
Daviess Circuit Court, Judge Thomas O. Castlen
For Movant: Thomas M. Ransdell
For Respondent: Brian T. Judy

10:00 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

THURSDAY, SEPTEMBER 15, 2005

9:00 a.m. THOMPSON V. COM. (2004-SC-217-DG)
"Criminal Law. Ineffective Assistance of Counsel. Issues relate to defense counsel's failure to obtain an independent expert, and failure to address a clear error by the prosecution's expert."
Discretionary review granted 12/8/2004
Fayette Circuit Court, Judge Sheila Isaac
For Movant: Richard E. Neal
For Respondent: Todd D. Ferguson and Courtney J. Hightower

10:00 a.m. PREVIS V. DAILEY (2004-SC-131-DG)
"Personal Injury. Issues include whether the plaintiff/bicyclist was entitled to a directed verdict in a claim arising from a collision with a passing motorist."
Discretionary review granted 1/12/2005
Bourbon Circuit Court, Judge Robert Overstreet
For Movant: David A. Weinberg
For Respondent: Thomas L. Travis and Chadwick Alan Wells

11:00 a.m. WILLIAMS V. WAL-MART STORES, INC. (2004-SC-80-DG)
"Kentucky Civil Rights Act. Employment. Age Discrimination. Sufficiency of Evidence. Issues include whether evidence was sufficient to permit jury finding that termination of plaintiff's employment was motivated by age discrimination on part of defendant employer."
Discretionary review granted 12/8/2004
Barren Circuit Court, Judge Benjamin L. Dickinson
For Movant: Lee Huddleston
For Respondent: Elizabeth U. Mendel, Kathryn A. Quesenberry and Erin M. Roark

FRIDAY, SEPTEMBER 16, 2005

9:00 a.m. WILLIAMS V. COM. (2003-SC-1024-MR)
"Four counts of Use of a Minor in a Sexual Performance - 40 years."
Calloway Circuit Court, Judge Dennis Foust
For Appellant: Timothy G. Arnold
For Appellee: George G. Seelig

10:00 a.m. CINCINNATI INSURANCE CO. V. SAMPLES (2004-SC-5-DG) & SAMPLES V. CINCINNATI INSURANCE CO. (2004-SC-680-DG)
"Insurance. Underinsured Motorist Coverage. Credit Question. Issues include whether an employee, who has recovered workers' compensation benefits, also can recover under the employer's policy for underinsured motorist coverage for the same elements of loss incurred in a work-related motor vehicle accident."
Discretionary review granted 8/18/2004 and 11/10/2004
Fayette Circuit Court, Judge Laurance B. Van Meter
For Movant/Cross-Respondent: Daniel E. Murner, Michael Earl Hammond and Andrew Nathan Moore
For Respondent/Cross-Movant: David B. Allen

11:00 a.m. LANE V. LANE (2004-SC-151-DG)
"Domestic Relations. Dissolution of Marriage. Antenuptial Agreements. Issues include: (1) the validity of provisions forgoing maintenance, in circumstances involving parents of young children; and (2) whether the facts distinguish the case from Blue v. Blue, 60 S.W.3d 585 (Ky. App. 2001)."
Discretionary review granted 1/12/2005
McCracken Circuit Court, Judge Cynthia E. Sanderson
For Movant: John T. Reed
For Respondent: James B. Brien, Jr. and Rebecca Prince Biehslich