REVISED 3/17/2010

SUPREME COURT OF KENTUCKY

ORAL ARGUMENT CALENDAR

TO: Justices and Court Staff

FROM: Chief Justice John D. Minton, Jr.

DATE: February 18, 2010

WEDNESDAY, APRIL 14, 2010

9:00 a.m. BLACKSTONE MINING COMPANY V. TRAVELERS INSURANCE COMPANY (2009-SC-15-DG)
"Assignment of proceeds from legal malpractice claim. Summary Judgment. The issues are: 1. whether Kentucky should allow parties to assign a portion of the proceeds from a legal malpractice claim; 2. whether the trial court properly grants summary judgment where the parties present conflicting evidence as to whether the assignment was an assignment of a legal malpractice claim or an assignment of a portion of the proceeds and who controls the litigation, and 3. even if a party cannot assign a portion of the proceeds from the claim, can the party proceed with the malpractice litigation?"
Discretionary Review granted 6/17/2009
Pike Circuit Court, Judge Eddy Coleman
For Movant: Fredrick G. Irtz II
For Respondent: Ronald Sheffer and William Kenneth Burnham

10:00 a.m. BOWLING V. COMMONWEALTH OF KENTUCKY (2008-SC-901-MR)
"Death Penalty. Post conviction DNA testing-KRS 422.285."
Fayette Circuit Court, Judge Kimberly N. Bunnell
For Appellant: David Michael Barron and Jamesa J. Drake
For Appellee: James Daryl Havey and William Robert Long, Jr.

11:00 a.m. COOMER V. CSX TRANSPORTATION, INC. (2008-SC-784-DG)
"FELA. Res Judicata. Issue Preclusion. Issues include whether FELA claim is barred by virtue of plaintiff's prior FELA claim against same defendant where different injuries and different mechanisms of injury are asserted."
Discretionary Review granted 4/15/2009
Perry Circuit Court, Judge William Engle III
For Movant: Alva A. Hollon, Jr., Thomas Ira Eckert and John Oaks Hollon
For Respondent: Edward H. Stopher and Darryl S. Lavery

THURSDAY, APRIL 15, 2010

9:00 a.m. SEXTON V. COMMONWEALTH OF KENTUCKY (2008-SC-731-DG)
"Tampering with Physical Evidence, First Degree Persistent Felony Offender--12 years. Motion for Directed Verdict on Tamperings with Physical Evidence. Prior Bad Acts."
Discretionary Review granted 3/11/2009
Pulaski Circuit Court, Judge Jeffrey Thomas Burdette
For Movant: Samuel N. Potter
For Respondent: Todd Dryden Ferguson

10:00 a.m. MACHNIAK V. COMMONWEALTH OF KENTUCKY (2008-SC-352-DG), (2009-SC-317-TG) AND (2009-SC-342-TG)
"Criminal Law. Sentencing. Finality of Sentences. Double Jeopardy. At issue is plea agreement in which defendant agreed to increasing sentence if probation terms were violated."
Discretionary Review granted 4/15/2009
Letcher Circuit Court, Judge Samuel T. Wright III
For Movant: Joseph Brandon Pigg
For Respondent: Susan Roncarti Lenz

11:00 a.m. KENTUCKY RETIREMENT SYSTEMS V. BROWN, ETC. (2008-SC-326-DG) AND KENTUCKY RETIREMENT SYSTEMS V. SIZEMORE (2008-SC-898-DG) AND (CROSS-MOTION) SIZEMORE V. KENTUCKY RETIREMENT SYSTEMS (2009-SC-174-DG)
"Kentucky Administrative Law. Disability Retirement. Issues include whether courts below improperly shifted burden of proof regarding disability-retirement applicant's alleged pre-existing condition and usurped the role of the fact-finder; and whether applicant's history of cigarette smoking constituted a pre-existing "condition" for purposes of KRS 61 .600(3)."
Discretionary Review granted 2/11/2009, 3/11/2009 and 5/13/2009
Franklin Circuit Court, Judges William L. Graham and Phillip J. Shepherd
For Movant: Jennifer A. Jones, James Eric Wampler, Michael Todd Butler, Katherine I. Rupinen, Leigh Ann Jordan, Brian C. Thomas and Amy O'Nan Peabody
For Respondent Brown: Joseph Hubert Mattingly III
For Respondent Sizemore: Cordell Graham Martin and Arden Winter Robertson Huff

FRIDAY, APRIL 16, 2010

9:00 a.m. FINN V. COMMONWEALTH OF KENTUCKY (2008-SC-749-DG)
"Criminal Law. Possession of Cocaine. Possession of Drug Paraphernalia. The issue is whether an amount of cocaine too small to be seen by the naked eye, detected on paraphernalia, is insufficient to support a conviction for possession of "any quantity" of cocaine pursuant to KRS 218A.1415(1)."
Discretionary Review granted 3/11/2009
Logan Circuit Court, Judge Tyler L. Gill
For Movant: Roy Alyette Durham II
For Respondent: Julie Scott Jernigan
(Note: Justice Scott is recused.)

10:00 a.m. GAMBLE V. COMMONWEALTH OF KENTUCKY (2008-SC-669-DG)
"Criminal Law. Robbery, First-Degree. The issue is whether a defendant's written and verbal statements about having a gun, without brandishing it or pointing to unidentifiable bulges on the defendant's person constitutes Robbery, First-Degree."
Discretionary Review granted 5/13/2009
Fayette Circuit Court, Judge Sheila R. Isaac
For Movant: Linda Roberts Horsman
For Respondent: Jason Bradley Moore

11:00 a.m. BASTON V. COUNTY OF KENTON, KENTUCKY, EX REL. KENTON COUNTY AIRPORT BOARD, ET AL. (2008-SC-319-DG)
"Eminent Domain. Compensation. Evidence. Issues include whether trial court properly admitted condemnee's evidence regarding change in fair market value of condemned property pursuant to KRS 416 .660(2), and whether condemnee presented sufficient evidence to permit jury to award compensation based upon potential industrial use of property."
Discretionary Review granted 6/17/2009
Boone Circuit Court, Judge Robert McGinnis
For Movant: Robert Wilson Carran, Alice Gailey Keys and Philip Taliaferro III
For Respondent: Joseph L. Baker, Steven C. Martin and Debra S. Pleatman