ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice Joseph E. Lambert

DATE: August 10, 2006

WEDNESDAY, SEPTEMBER 13, 2006

9:00 a.m. DOWELL, ET AL. V. SAFE AUTO INSURANCE COMPANY (2005-SC-153-DG)
"Insurance. Motor Vehicle. Uninsured Motorist Coverage. Issues include whether coverage is afforded for hit-and-run accidents under insurance policy language defining an "uninsured motor vehicle" as one "to which no bodily injury liability bond or policy applied at the time of the accident."
Discretionary review granted 9/14/2005
Jefferson Circuit Court, Judge Judith E. McDonald-Burkman
For Movants: Kevin C. Burke and Dan E. Siebert
For Respondent: Robert L. Steinmetz

10:00 a.m. HARRALSON V. MONGER, ET AL. (2004-SC-1090-DG)
"Limitations. Estoppel. CR 15.03. In this tort action arising out of a multi-vehicle traffic accident, issues relate to the timeliness of a claim, asserted after the running of the statute of limitations, against an additional driver who allegedly concealed or misrepresented to the investigating police officer his alleged negligence in contributing to the cause of the accident."
Discretionary review granted 8/17/2005
Jefferson Circuit Court, Judge Ann Shake
For Movant: Mark A. Weis
For Respondents: James P. Dilbeck, Reford H. Coleman, and Robert D. Johnston

11:00 a.m. COMMONWEALTH V. JAMESON (2004-SC-983-DG)
"Local Governments. Ordinances Relating to Sexually Oriented Businesses. Issues include (1) the validity of the ordinance, (2) the acceptability of the reasons expressed for the passage of such ordinances, in light of U.S. Supreme Court authority, (3) the propriety of the local government relying upon studies from other communities relating to the potential secondary negative effects of such businesses as in the potential increase in crime, sexually transmitted diseases and decrease in property values, and (4) the duty/responsibility of the local government to resond in court to challenges to the studies relied upon and/or to produce proof countering evidence of no potential negative secondary effects."
Discretionary review granted 8/17/2005
McCracken Circuit Court, Judge R. Jeffrey Hines
For Movant: C. Shea Nickell, David L. Kelly, Scott D. Bergthold, and Jason Monroe Lacy
For Respondent: Mark P. Bryant, Emily M. W. Roark, and Bradley J. Shafer

THURSDAY, SEPTEMBER 14, 2006

9:00 a.m. COMMONWEALTH V. YOUNG (2005-SC-556-DG)
"Criminal Law. Ineffective Assistance of Counsel. Peremptory Challenges. The issue is whether defendant's counsel was ineffective for failing to object to the number of peremptory challenges at trial held prior to Springer v. Commonwealth, 998 S.W.2d 439, 445 (Ky. 1999), which determined the proper number of peremptory challenges for multiple co-defendants under RCr 9.40."
Discretionary review granted 9/14/2005
Fayette Circuit Court, Judge Gregory M. Bartlett
For Movant: Matthew Robert Krygiel
For Respondent: Milton C. Toby

10:00 a.m. PILE V. CITY OF BRANDENBURG, ET AL. (2005-SC-47-DG)
"Torts. Scope of Municipal and Police Officer Liability. Issues include application of the "special relationship" test with respect to potential municipal and/or police officer liability for a fatal collision involving a city police cruiser driven by a handcuffed arrestee."
Discretionary review granted 8/17/2005
Meade Circuit Court, Judge Robert A. Miller
For Movant: Brett Butler
For Respondents: Robert Thomas Watson and David Paul Bowles
**Note: Justice Minton is recused **

11:00 a.m. BAKER, ET AL. V. SHAPERO, ET AL. (2004-SC-639-DG)
"Attorneys. Attorney's Liens. Contingency Fees. Issues include the validity of client's contingency-fee agreement with original attorney, and the respective amounts from client's recovery to which original attorney and successor attorney are entitled."
Discretionary review granted 8/17/2005
Jefferson Circuit Court, Judge Judith E. McDonald-Burkman
For Movants: Kenneth H. Baker
For Respondents: Peter L. Ostermiller
** Note: Justice Minton is recused **

FRIDAY, SEPTEMBER 15, 2006

9:00 a.m. COMMONWEALTH V. JONES (2004-SC-1017-DG)
"Criminal Law. Search and Seizure. Issues include whether, subsequent to a valid police patdown pursuant to Terry v. Ohio, 392 U.S. 1 (1968), a suspect's reluctant removal of a prescription pill bottle from his pocket could be consensual."
Discretionary review granted 4/13/2005
Harlan Circuit Court, Judge Ron Johnson
For Movant: Michael Harned
For Respondent: Shannon Dupree

10:00 a.m. WELLS V. COMMONWEALTH (2004-SC-593-DG)
"Criminal Law. Incest. Rape. Evidence. Jurors. Issues include whether admitting a DNA test report as an exhibit at trial, without a witness and over objection, was erroneous and prejudicial to the defendant being tried for incest and rape; and whether a prospective juror should have been excused for cause."
Discretionary review granted 4/13/2005
Casey Circuit Court, Judge James G. Weddle
For Movant: Damon L. Preston
For Respondent: Todd D. Ferguson

11:00 a.m. COMPEX INTERNATIONAL COMPANY, LTD. V. TAYLOR,
ET AL. (2005-SC-228-DG)
"Products Liability. Breach of Warranty. Privity of Contract. The issue is whether KRS 355.2-318, which extends privity for breach of warranty claims from sellers to household guests of purchasers, also applies to a manufacturer of an allegedly defective product."
Discretionary review granted 8/17/2005
Bell Circuit Court, Judge James L. Bowling, Jr.
For Movant: Robert I. Cusick, Jr. and Mickey Todd Webster
For Respondents: Jason E. Williams and Harold F. Dyche, II